Legislature(1995 - 1996)
02/02/1995 01:35 PM Senate L&C
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE LABOR AND COMMERCE
February 2, 1995
1:35 p.m.
MEMBERS PRESENT
Senator Tim Kelly, Chairman
Senator John Torgerson, Vice Chairman
Senator Mike Miller
Senator Judy Salo
MEMBERS ABSENT
Senator Jim Duncan
COMMITTEE CALENDAR
SENATE BILL NO. 55
"An Act repealing the sunset of the enhanced 911 emergency
reporting systems."
SENATE BILL NO. 47
"An Act relating to the extent to which the Alaska Public Utilities
Commission may exercise its powers when regulating utilities;
establishing a regulatory cost charge on public utilities and
pipeline carriers; relating to the allocation of costs in hearings
before the Alaska Public Utilities Commission; relating to the
method by which utilities are exempted from and made subject to
regulation by the Alaska Public Utilities Commission; relating to
the monetary threshold for regulation of certain kinds of utilities
by the Alaska Public Utilities Commission; extending the Alaska
Public Utilities Commission; relating to staggered terms for
members of the Alaska Public Utilities Commission; and providing
for an effective date."
SL&C - 2/2/95
SB 45 (DAMAGES & ATTY FEES FOR UNPAID WAGES) was scheduled, but not
taken up this date.
PREVIOUS ACTION
No previous action to record.
WITNESS REGISTER
Senator Torgerson
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime sponsor of SB 55.
Mary Jackson
Legislative Assistant, Senator Torgerson
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Offered information regarding the sunset
clause.
Sherman Ernouf, Aide
Labor & Commerce
Staff to Senator Kelly
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Stated the Anchorage Chief of Police's support
for SB 55.
Mark Johnson, Chief
Emergency Medical Service
Department of Health & Social Services
P.O. Box 110616
Juneau, Alaska 99811-0616
POSITION STATEMENT: Supported SB 55 and suggested extending
enhanced 911 service to rural areas.
Josh Fink, Legislative Aide
Staff to Senator Kelly
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Explained SB 47.
Alyce Hanley
Alaska Public Utilities Commission
4007 Brentwood Circle
Anchorage, Alaska 99502
POSITION STATEMENT: Expressed concern with the language of Section
1, but urged that SB 47 be moved.
Don Schoer
1016 W 6th, Suite 400
Anchorage, Alaska 99501
POSITION STATEMENT: Supported quick action of SB 47 with no
amendments.
Jim Rowe, Executive Director
Alaska Telephone Association
4341 B Street, Suite 304
Anchorage, Alaska 99503
POSITION STATEMENT: Supported SB 47 in its current form.
Jimmy Jackson
GCI
2550 Denali Street
Anchorage, Alaska 99503
POSITION STATEMENT: Expressed concerns with SB 47.
ACTION NARRATIVE
TAPE 95-2, SIDE A
SL&C - 2/2/95
SB 55 REPEALING SUNSET OF ENHANCED 911 SYSTEM
Number 001
CHAIRMAN KELLY called the Labor and Commerce meeting to order at
1:35 p.m. and introduced SB 55 as the first order of business
before the committee.
SENATOR TORGERSON, Prime Sponsor of SB 55, explained that SB 55
would repeal the sunset clause in the original bill which allowed
enhanced 911 emergency systems. He noted letters of support from
the Kenai Peninsula Borough and the city of Juneau as well as
others coming from Anchorage and Fairbanks.
SENATOR SALO said that she supported SB 55, but inquired as to the
reason a sunset was placed on the bill in the first place. SENATOR
TORGERSON suggested that perhaps the sunset was in place on the
possibility that state money might be available after the systems
were operating.
MARY JACKSON, Legislative Assistant to Senator Torgerson, explained
that the sunset provision was due to amendments in House Finance
which intended to afford the Telecommunications Information
Committee (TIC) the opportunity to review and possibly do this on
a statewide scope. TIC is currently waiting to determine if there
will be any state or federal funding available to expand statewide.
SHERMAN ERNOUF, Aide to Senator Kelly for Labor & Commerce,
confirmed that the Anchorage Chief of Police supported SB 55.
MARK JOHNSON, Chief of the Emergency Medical Service (EMS) for the
Department of Health & Social Services, stated that EMS supports
the intent of SB 55. He pointed out that the enhanced 911 systems
allows the dispatcher to have the phone number and location of the
caller. He suggested that the enhanced 911 system should be
extended into rural areas at some point.
SENATOR MILLER moved that SB 55 be moved out of committee with
individual recommendations. Without objections, it was so ordered.
SL&C - 2/2/95
SB 47 APUC EXTENSION AND REGULATORY COST CHARGE
Number 108
SENATOR KELLY introduced SB 47 as the next order of business before
the committee.
JOSH FINK, Legislative Aide to Senator Kelly, informed the
committee that SB 47 is the reintroduction of SB 213 of the
Eighteenth Legislature. He explained that SB 47 would extend the
Alaska Public Utilities Commission (APUC) currently in its sunset
year and it would restore the Regulatory Cost Charge (RCC) which
has expired.
SENATOR KELLY clarified that SB 47 extends the sunset and the
provisions agreed upon the previous two years. Any other issue
with the APUC would be handled in APUC II.
JOSH FINK summarized the sectional information contained in the
committee packets.
Number 250
SENATOR SALO asked why a year was needed to make the transition
that the language change in Section 1 specified, from "liberally
construed" to "all things necessary and reasonably implied." JOSH
FINK explained that some utilities felt that the language granted
too broad a power to the Commission while others thought that
express power was needed. The year allows the Commission to assess
what this change means and how to deal with it.
ALYCE HANLEY, APUC, expressed appreciation to Senator Kelly in
drafting and presenting SB 47. The Commission is in a tenuous
position until SB 47 is passed because employees do not know their
fate. As of April 1st the Commission's position worsens because
ninety day periods of due process will no longer be available. She
pointed out that an extension of APUC and the reenacting of the RCC
as well as the new effective date are supported by APUC. She
expressed concern with the language change in Section 1. The new
language is the reason for the $60,000 fiscal note; the money would
cover increased litigation due to challenges of the meaning of the
language. She recommended, speaking on behalf of the APUC,
deletion of Section 1. She urged movement of the bill.
SENATOR MILLER asked which parties were those that compromised on
Section 1, if the APUC is suggesting that section's deletion. JOSH
FINK stated that he believed that the compromise was between APUC
and other groups. This change occurred in the Senate Finance
Committee.
SENATOR MILLER urged the APUC to review its position in order not
to slow this legislation. ALYCE HANLEY said that the Commission's
main concern was to deal with this quickly. She reiterated the
Commission's preference to keep the original language of Section 1,
however, she recognized that in order for SB 47 to move quickly
that may not happen.
Number 349
SENATOR MILLER inquired as to the reasoning behind the increase in
staff by one a year and the budget by $300,000 a year reflected in
the fiscal note. ALYCE HANLEY believed that it was due to a
recommendation when the Commission put the budget together.
DON SCHOER explained that the budget and personnel increases are
the result of the guidelines from Juneau on how to compute the five
year statistics including three and a half percent inflation and
expected population growth. He urged quick action and no
amendments.
JIM ROWE, Executive Director of the Alaska Telephone Association,
discussed the history of SB 47 and the compromises that it
contains. He expressed disappointment that the legislation was
not passed last year. He stated the Association's support of SB 47
in its present form.
Number 396
JIMMY JACKSON, GCI, reiterated that the main priority is quick
passage of legislation reauthorizing APUC. He felt that a prompt
reauthorization of the APUC would be in the best interest of the
public. He expressed the need to have the issue of reauthorization
in separate legislation. SB 47 addresses many issues as well as
reauthorization of APUC. The language change in Section 1 of SB 47
is not in the best interest of the public. He stated that the
world of utilities changes quickly and the Commission needs to
adjust accordingly. The Commission cannot wait to receive
authority from the legislature when problems arise that need to be
solved quickly. He indicated that the new legislature should
review the APUC.
SENATOR KELLY stated that SB 47 would not receive too many
amendments in this committee. He explained that APUC II had been
introduced and hearings would be held on that legislation in order
to deal with the amendments then.
SENATOR SALO asked if the discussion over the language change in
Section 1 of SB 47 would occur with APUC II. SENATOR KELLY
anticipated that the language would not become a part of APUC II if
it remains in SB 47.
SENATOR MILLER moved SB 47 out of committee with individual
recommendations. Without objection, it was so ordered.
There being no further business before the committee, the meeting
adjourned at 2:07 p.m.
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