Legislature(2001 - 2002)
05/01/2001 12:15 PM Senate RLS
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ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
May 1, 2001
12:15 p.m.
MEMBERS PRESENT
Senator Drue Pearce, Chair
Senator John Cowdery, Vice Chair
Senator Randy Phillips
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 24
Proposing amendments to the Constitution of the State of Alaska
relating to the budget reserve fund.
ADOPTED A SENATE RULES COMMITTEE SUBSTITUTE AND APPROVED ALL
VERSIONS FOR CALENDARING
SENATE BILL NO. 83
"An Act relating to construction of highways by the Department of
Transportation and Public Facilities."
APPROVED FOR CALENDARING
SENATE BILL NO. 151
"An Act relating to the Bristol Bay Salmon Classic; and providing
for an effective date."
APPROVED FOR CALENDARING
SENATE BILL NO. 176
"An Act relating to distributorships."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 99(HES)
"An Act relating to school discipline and safety programs; and
providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 149(FIN)(title am)
"An Act expressing legislative intent regarding correctional
facility space; relating to correctional facility space;
authorizing the Department of Corrections to enter into an
agreement to lease facilities for the confinement and care of
prisoners within the Kenai Peninsula Borough; and providing for an
effective date."
APPROVED FOR CALENDARING
PREVIOUS COMMITTEE ACTION
SJR 24 - See Finance Report dated 4/24/01.
SB 83 - See Transportation minutes dated 3/13/01 and Finance Report
dated 4/25/01.
SB 151 - See Labor and Commerce minutes dated 4/28/01.
SB 176 - See Judiciary minutes dated 4/25/01.
HB 99 - See HESS minutes dated 4/20/01.
HB 149 - See Finance Report dated 4/27/01.
WITNESS REGISTER
Senator Dave Donley
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions about CSSJR 24(RLS).
ACTION NARRATIVE
TAPE 01-8, SIDE A
Number 001
CHAIRWOMAN DRUE PEARCE called the Senate Rules Committee meeting to
order at 12:15 p.m. All members were present. Chairwoman Pearce
announced the committee would hold its substantive hearing on SJR
24 first.
SJR 24-AMEND CONSTITUTIONAL BUDGET RESERVE FUND
SENATOR COWDERY moved to adopt CSSJR 24(RLS), Version L, as the
working document of the committee. There being no objection, the
motion carried.
SENATOR DAVE DONLEY, Co-Chair of the Senate Finance Committee,
sponsor of SJR 24, explained the intent of this constitutional
amendment is to restore the original intent of the constitutional
budget reserve (CBR) as adopted. The original draft of the
legislation contained a provision for an automatic draw from the
CBR for the amount of money in the budget that was less than or
equal to the prior year's appropriation. That was not requested by
the Senate Finance Committee. The Committee debated that provision
and worked with the Legislative Finance Division. All agreed it
would be better to have a separate simple majority vote for the
withdrawal of CBR funds. That is the only change made to the
Senate Rules Committee substitute.
CHAIRWOMAN PEARCE asked if there would be a separate section that
would trigger another CBR vote.
SENATOR DONLEY answered there would probably be a separate section
in the budget that would require a separate vote to withdraw money
from the CBR.
There being no further questions or testimony, SENATOR COWDERY
moved to calendar all Senate versions of SJR 24.
SENATOR ELLIS objected.
The motion to calendar all Senate versions of SJR 24 carried with
Senators Cowdery, Phillips, Therriault and Pearce voting "yea," and
Senator Ellis voting "nay."
SENATOR COWDERY moved to calendar all Senate versions of SB 83-
CONSTRUCTION OF HIGHWAYS BY DOTPF.
SENATOR ELLIS objected for the reason that he believes this
legislation was set in motion because of the force accounting
system used by the Department of Transportation and Public
Facilities (DOTPF) on the St. Mary's project. He noted the experts
have looked into that project and found a well managed,
comparatively inexpensive project that will deliver great benefits
to that rural village. He believes this bill is a step backward in
terms of workforce development and providing cash paying jobs in
Native villages across the state. For that reason, he strongly
opposes SB 83.
SENATOR COWDERY commented that this bill would allow the St. Mary's
project to proceed as planned because of the effective date and it
allows DOTPF to use a force account if no responsible bids are
submitted for projects costing more than $500,000.
SENATOR THERRIAULT asked if the Senate Finance Committee increased
the amount from $250,000 to $500,000.
SENATOR COWDERY said that is correct.
CHAIRWOMAN PEARCE said she has a continuing concern that the
Division of Legal Services is reviewing about how this bill might
affect Transfer of Responsibility Agreements (TORAs), where
municipal, state and federal funding is used to build a project.
It is her understanding that Senator Cowdery did not intend to
reach into TORAs.
SENATOR COWDERY said that was not his intention but he does not see
anything wrong with using a competitive bid process. He intended
SB 83 to apply to DOTPF projects only.
CHAIRWOMAN PEARCE said she may offer an amendment on the Senate
floor to exempt TORAs.
The motion to calendar all Senate versions of SB 83 carried with
Senator Phillips, Therriault, Cowdery and Pearce voting "yea," and
Senator Ellis voting "nay."
SENATOR ELLIS moved to calendar all Senate versions of SB 151-
BRISTOL BAY SALMON CLASSIC.
SENATOR PHILLIPS objected because he opposes gambling.
The motion to calendar SB 151 carried with Senators Cowdery,
Therriault, Pearce and Ellis voting "yea," and Senator Phillips
voting "nay."
SENATOR PHILLIPS moved to calendar all Senate versions of SB 176-
DISTRIBUTORSHIPS and informed committee members that he will
propose an amendment to change the title on the Senate floor.
There being no objection, the motion carried.
CHAIRWOMAN PEARCE announced that CSHB 99(HES)-SCHOOL DISCIPLINE AND
SAFETY PROGRAMS was before the committee.
SENATOR THERRIAULT commented that he is not opposed to what this
bill proposes to do but it is one more instance of the state
stepping in and telling the local school districts how to run their
business. He believes most school districts would go in this
direction, if they have not already. The districts have expressed
concern about unfunded mandates yet there is no fiscal note
attached to this bill. He noted he will be a "no" vote on the
Senate floor.
SENATOR PHILLIPS moved to calendar CSHB 99(HES). There being no
objection, the motion carried.
CHAIRWOMAN PEARCE announced that HB 149-PRIVATE PRISON IN KENAI was
before the committee. She noted that the Senate Finance Committee
adopted Version W as a committee substitute.
SENATOR COWDERY moved to calendar SCS CSHB 149(FIN).
SENATOR ELLIS objected.
The motion carried with Senators Therriault, Cowdery and Pearce
voting "yea," and Senators Phillips and Ellis voting "nay."
There being no further business to come before the committee,
CHAIRWOMAN PEARCE adjourned the meeting at 12:28 p.m.
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