Legislature(1993 - 1994)
05/02/1994 05:17 PM Senate RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE RULES COMMITTEE
May 2, 1994
5:17 p.m.
MEMBERS PRESENT
Senator Rick Halford, Chair
Senator Steve Rieger, Vice Chair
Senator George Jacko
Senator Fred Zharoff
MEMBERS ABSENT
Senator Suzanne Little
COMMITTEE CALENDAR
HOUSE CONCURRENT RESOLUTION NO. 32
Establishing the Joint Task Force on Military Bases in Alaska.
CS FOR HOUSE JOINT RESOLUTION NO. 56(RES)
Relating to an exemption for federal land in Alaska from the
federal PACFISH management strategy.
HOUSE JOINT RESOLUTION NO. 61
Relating to the Western Alaska Community Development Quota Program
and the North Pacific Fishery Management Council Comprehensive
Rationalization Program.
CS FOR HOUSE BILL NO. 222(FIN)
"An Act relating to landlords and tenants and to the applicability
of the Uniform Residential Landlord and Tenant Act, to termination
of tenancies and recovery of rental premises, to tenant
responsibilities, and to the civil remedies of forcible entry and
detainer and nuisance abatement; and amending Rule 62(a) of the
Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska
District Court Rules of Civil Procedure."
CS FOR HOUSE BILL NO. 230(FIN)
"An Act relating to fees for a commercial fishing vessel license."
CS FOR HOUSE BILL NO. 231(FIN)
"An Act relating to when previous conduct constituting a sexual
offense may be used as an aggravating factor at sentencing."
HOUSE BILL NO. 324
"An Act extending the termination date of the Board of Dental
Examiners; and providing for an effective date."
HOUSE BILL NO. 331 am
"An Act relating to claims on permanent fund dividends for
defaulted public assistance overpayments."
CS FOR HOUSE BILL NO. 347(FIN)
"An Act relating to long-term plans of certain state agencies and
recommendations regarding elimination of duplication in state
agency functions."
CS FOR HOUSE BILL NO. 351(FIN) am(efd add)
"An Act relating to permits for the carrying of a concealed
handgun; providing for local option elections in municipalities and
established villages to prohibit the possession of a concealed
handgun under a permit; and relating to the possession of weapons;
and providing for an effective date."
CS FOR HOUSE BILL NO. 362(HES) am
"An Act relating to the statute of limitations for actions brought
upon a child support judgment; and establishing the crime of aiding
the nonpayment of child support."
CS FOR HOUSE BILL NO. 367(JUD) am
"An Act relating to limitations on outdoor advertising signs,
displays, and devices and penalties for violations related to
outdoor advertising."
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd am)
"An Act relating to limited liability companies; and providing for
an effective date."
HOUSE BILL NO. 462
"An Act repealing certain provisions of the laws, other than those
in the Alaska Land Act, relating to recording requirements, labor
and improvement requirements, and size requirements for mining
claims and providing for the suspension or waiver of state annual
mining labor requirements when the federal government has suspended
or waived federal annual mining labor requirements administratively
or by statute; and providing for an effective date."
CS FOR HOUSE BILL NO. 498(FIN)
"An Act providing for exploration incentive credits for activities
involving locatable and leasable minerals and coal deposits on
certain land in the state; and providing for an effective date."
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am
"An Act reestablishing the Board of Electrical Examiners and
extending the termination date of the Board of Mechanical
Examiners; relating to electrical and mechanical administrators;
and providing for an effective date."
CS FOR HOUSE BILL NO. 392(FIN) am
"An Act relating to the confidentiality of permanent fund dividend
application information; relating to the permanent fund dividend
program; and providing for an effective date."
CS FOR HOUSE JOINT RESOLUTION NO. 55(RES)
Relating to the importance to the economy of Southeast Alaska of
continued timber harvests on the Tongass National Forest.
PREVIOUS SENATE COMMITTEE ACTION
HCR 32 - Finance report 5/2/94.
HJR 56 - See Resources minutes dated 4/30/94.
HJR 61 - See Resources minutes dated 4/30/94.
HB 222 - Finance report 5/2/94.
HB 230 - Finance report 5/2/94.
HB 231 - See Judiciary minutes dated 4/26/94.
Finance report 5/2/94.
HB 324 - See Health, Education & Social Services minutes dated
4/30/94.
HB 331 - See Health, Education & Social Services minutes dated
4/8/94. See Judiciary minutes dated 4/28/94.
Finance waived referral 4/29/94.
HB 347 - See State Affairs minutes dated 4/13/94.
Finance report 4/27/94.
HB 351 - See State Affairs minutes dated 4/25/94 and 4/27/94.
Finance report 5/2/94.
HB 362 - See Judiciary minutes dated 4/25/94 & 4/30/94.
HB 367 - See Judiciary minutes dated 4/23/94, 4/25/94 & 4/30/94.
HB 420 - See Judiciary minutes dated 4/30/94.
HB 462 - See Resources minutes dated 4/13/94 and 4/30/94.
HB 498 - Resources referral waived 4/18/94.
Finance report 5/2/94.
HB 249 - See Labor and Commerce minutes dated 4/27/93.
Finance report 5/6/93.
Rules minutes dated 4/30/94.
HB 392 - Finance report 4/27/94.
HJR 55 - See Resources minutes dated 4/30/94.
WITNESS REGISTER
Representative Gary Davis
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 249
David Skidmore, Staff to Senator Steve Frank
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 392
ACTION NARRATIVE
TAPE 94-8, SIDE A
Number 001
CHAIRMAN RICK HALFORD called the Senate Rules Committee meeting to
order at 5:17 p.m.
SENATOR JACKO moved and asked unanimous consent that HCR 32 (JOINT T
TASK FORCE ON MILITARY BASES) be approved for calendaring at the
Chair's discretion. Hearing no objection, it was so ordered.
SENATOR JACKO moved and asked unanimous consent that HJR 61
(COMMUNITY DEVELOPMENT FISHING QUOTAS) be approved for calendaring
at the Chair's discretion. Hearing no objection, it was so
ordered.
SENATOR JACKO moved and asked unanimous consent that CSHB 222(FIN)
(LANDLORD TENANT/EVICTIONS/LAW VIOLATIONS) be approved for
calendaring at the Chair's discretion. Hearing no objection, it
was so ordered.
SENATOR JACKO moved and asked unanimous consent that CSHB 230(FIN)
(VESSEL FEES) be approved for calendaring at the Chair's
discretion. Hearing no objection, it was so ordered.
SENATOR JACKO moved and asked unanimous consent that CSHB 231(FIN)
(AGGRAVATING/MITIGATING FACTORS;SEX CRIMES) be approved for
calendaring at the Chair's discretion. Hearing no objection, it
was so ordered.
SENATOR JACKO moved and asked unanimous consent that HB 324
(EXTEND BOARD OF DENTAL EXAMINERS) be approved for calendaring at
the Chair's discretion. Hearing no objection, it was so ordered.
SENATOR JACKO moved and asked unanimous consent that HB 331 am (USE SE
PFD'S TO RECOVER WELFARE OVERPAYMENTS) be approved for calendaring
at the Chair's discretion. Hearing no objection, it was so
ordered.
SENATOR JACKO moved and asked unanimous consent that CSHB 347(FIN)
(STATE LONG-TERM PLANNING) be approved for calendaring at the
Chair's discretion. Hearing no objection, it was so ordered.
SENATOR JACKO moved and asked unanimous consent that CSHB 351(FIN)
am (efd add) (CONCEALED HANDGUN PERMITS;WEAPONS POSS.) be approved
for calendaring at the Chair's discretion. Hearing no objection,
it was so ordered.
SENATOR JACKO moved and asked unanimous consent that CSHB 362(HES)
am (CHILD SUPPORT:CRIMINAL/CIVIL REMEDIES) be approved for
calendaring at the Chair's discretion. Hearing no objection, it
was so ordered.
SENATOR JACKO moved and asked unanimous consent that CSHB 367(JUD)
am (PROHIBITED HIGHWAY ADVERTISING) be approved for calendaring at
the Chair's discretion. Hearing no objection, it was so ordered.
SENATOR JACKO moved and asked unanimous consent that CSSSHB
420(STA)(efd am) (LIMITED LIABILITY COMPANIES) be approved for
calendaring at the Chair's discretion. Hearing no objection, it
was so ordered.
SENATOR JACKO moved and asked unanimous consent that HB 462 (MINING NG
REQUIREMENTS:RECORDING/LABOR/SIZE) be approved for calendaring at
the Chair's discretion. Hearing no objection, it was so ordered.
SENATOR JACKO moved and asked unanimous consent that CSHB 498(FIN)
(MINERAL EXPLORATION INCENTIVE CREDITS) be approved for calendaring
at the Chair's discretion. Hearing no objection, it was so
ordered.
CHAIRMAN HALFORD brought CSSSHB 249(STA) am (ELECTRICAL/MECHANICAL L
TRADESPERSONS) back before the committee as the next order of
business. The legislation had its first hearing before the
committee on April 30. He directed attention a proposed Rules SCS
which takes out the administrative fine of $5,000 and leaves in the
court fine increase from $300 to $5,000.
CHAIRMAN HALFORD noted there was a proposed amendment based on the
concerns expressed by the Sisters of Providence in Anchorage. He
questioned if language in the amendment relating to a building
permit is establishing a licensing requirement that rides on a
municipalities determination as to whether they want to require a
permit or not requirement a permit.
REPRESENTATIVE GARY DAVIS, prime sponsor of SB 249, recommended
that the amendment not be adopted because he thinks it is already
in statute. He said the drafting of the amendment was requested
prior to talking to the Sisters of Providence, and, since then,
they have talked to them and found their concern goes further than
repair and maintenance. He added that the intent in including the
new language was to have some standard to gauge where the barrier
is between repair and construction.
After brief discussion on the amendment, it was agreed to delete
the language "and is not performed as part of a project that
requires a building permit" at the end of the new paragraphs in the
amendment. CHAIRMAN HALFORD then asked for a motion on the Rules
SCS.
SENATOR RIEGER moved that SCS CSSSHB 249(RLS) (version Y) be
adopted. Hearing no objection, the motion carried.
SENATOR RIEGER moved that the following amendment be adopted:
Page 7, line 30: After "controls" insert ";
(11) electrical maintenance or repair work if the work
is performed by the person as an employee of an owner or tenant of
commercial property as part of the employee's work duties with
respect to the property but is not offered or performed as a
service to the public"
Page 13, line 24: After "building" insert ";
(5) mechanical maintenance or repair work if the work is
performed by the person as an employee of an owner or tenant of
commercial property as part of the employee's work duties with
respect to the property but is not offered or performed as a
service to the public"
Hearing no objection, CHAIRMAN HALFORD stated the amendment was
adopted and would be incorporated into the Rules SCS.
SENATOR RIEGER moved that SCS CSSSHB 249(RLS) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
SENATOR RIEGER moved and asked unanimous consent that SCS CSSSHB
249(RLS) be approved for calendaring at the Chair's discretion.
Hearing no objection, it was so ordered.
CHAIRMAN HALFORD brought CSHB 392(FIN) am (PERMANENT FUND DIVIDEND D
PROGRAM) before the committee as the next order of business. He
directed attention to a proposed Rules SCS.
DAVID SKIDMORE, staff to Senator Steve Frank, explained that when
the bill was before the Senate Finance Committee, Senator Frank
proposed an amendment which rolled the provisions of SB 378 into HB
392. SB 378 adds convicted incarcerated misdemeanors to the list
of individuals who are ineligible for a permanent fund dividend in
the subsequent, and it speeds up the process whereby this dividend
money is available to the Legislature for appropriation. The
effect of this in the transition year, FY 95, would be to allow a
second appropriation by the Legislature to the Department of
Correction, the Court System, the Council on Domestic Violence &
Sexual Assault or the Crime Victim Compensation Fund. He said
Senator Frank is now proposing to remove the provisions of SB 378
from HB 392 and let SB 378 stand on its own. The House bill's
sponsor has also requested the provisions be removed. The Rules
SCS removes the provisions of SB 378.
SENATOR JACKO moved that SCS CSHB 392(RLS) be adopted. SENATOR
RIEGER objected, stating his concern at getting into a mode of
backing off of amendments that may be good public policy because of
the fear of what the House may do to them. CHAIRMAN HALFORD stated
that if the maker of the amendment and the sponsor of the bill
agree to remove the amendment, he doesn't mind letting them do so.
SENATOR RIEGER removed his objection. Hearing no further
objection, the motion carried.
SENATOR JACKO moved that SCS CSHB 392(RLS) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
SENATOR JACKO moved and asked unanimous consent that SCS CSHB
392(RLS) be approved for calendaring at the Chair's discretion.
Hearing no objection, it was so ordered.
SENATOR ZHAROFF requested that CSHJR 55(RES) (TONGASS NATIONAL
FOREST TIMBER HARVESTS) be brought before the committee for a
calendaring motion. Hearing no objection, CHAIRMAN HALFORD stated
the resolution was before the committee.
SENATOR RIEGER moved and asked unanimous consent that CSHJR 55(RES)
be approved for calendaring at the Chair's discretion. Hearing no
objection, it was so ordered.
There being no further business to come before the committee, the
meeting was adjourned at 5:37 p.m.
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