Legislature(2001 - 2002)
04/10/2002 10:38 AM Senate RLS
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ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
April 10, 2002
10:38 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chair
Senator John Cowdery, Vice Chair
Senator Rick Halford
Senator Johnny Ellis
MEMBERS ABSENT
Senator Gene Therriault
COMMITTEE CALENDAR
SENATE BILL NO. 205
"An Act relating to control of nuisance wild animals; and
providing for an effective date."
APPROVED FOR CALENDARING
SENATE BILL NO. 263
"An Act relating to the subsequent acquisition of title to, or an
interest in, real property by a person to whom the property has
purportedly been granted in fee or fee simple; and providing for
an effective date."
APPROVED FOR CALENDARING
SENATE BILL NO. 269
"An Act naming bridge number 1121, across the Knik River, the
Sergeant James Bondsteel Bridge of Honor; and providing for an
effective date."
APPROVED FOR CALENDARING
SENATE BILL NO. 274
"An Act relating to issuance of a locum tenens permit for a
physician or osteopath; and providing for an effective date."
APPROVED FOR CALENDARING
SENATE BILL NO. 324
"An Act providing that a utility or electric operating entity
owned and operated by a political subdivision of the state
competing directly with a telecommunications utility is not
subject to the Alaska Public Utilities Regulatory Act."
APPROVED FOR CALENDARING
PREVIOUS COMMITTEE ACTION
SB 205 - See Resources minutes dated 3/15/02 and 3/25/02.
SB 263 - See Labor and Commerce minutes dated 2/12/02, and
Judiciary minutes dated 3/4/02 and 3/27/02.
SB 269 - See Transportation minutes dated 2/26/02.
SB 274 - See Labor and Commerce minutes dated 2/12/02 and
2/28/02.
SB 324 - See Labor and Commerce minutes dated 3/5/02, Judiciary
minutes dated 3/20/02 and 3/25/02.
SB 345 - See HESS minutes dated 3/15/02 and Finance minutes dated
3/27/02.
WITNESS REGISTER
Mr. Jon Tillinghast
Simpson, Tillinghast, Sorenson and Longenbaugh
One Sealaska Plaza
Juneau, AK 99801
POSITION STATEMENT: Answered questions about SB 263.
Ms. Carol Carroll
Department of Military &
Veterans Affairs
PO Box 5800
Ft Richardson, AK 99505-0800
POSITION STATEMENT: Answered questions about SB 269
ACTION NARRATIVE
TAPE 02-6, SIDE A
Number 001
CHAIRMAN RANDY PHILLIPS called the Senate Rules Committee meeting
to order at 10:38 a.m. Senators Cowdery, Halford, Ellis and
Phillips were present.
SENATOR COWDERY moved to calendar SB 205-CONTROL OF NUISANCE WILD
ANIMALS at the Chairman's discretion.
SENATOR ELLIS suggested amending SB 205 to include nuisance
legislators. He then noted he has no objection to the motion.
CHAIRMAN PHILLIPS announced that with no objection, SB 205 would
be calendared.
CHAIRMAN PHILLIPS announced that the committee would have a
substantive hearing on SB 263-AFTER ACQUIRED TITLE IN REAL
PROPERTY.
MR. JON TILLINGHAST, representing Sealaska Corporation, explained
the intent of SB 263 is to allow ANCSA regional corporations, as
the owner of the subsurface, to work out acceptable use
agreements with owners of surface rights. The Senate Judiciary
Committee decided to restrict SB 263 to ANCSA property because
that's where the initial problem arose. Sealaska supports that
decision. He noted that a drafting problem arose in the Senate
Judiciary substitute in that it can be read to say that the bill
only applies if the surface owner is a Native corporation. That
was not the intent: the intent is that it applies to ANCSA
property no matter who owns the surface. The proposed Senate
Rules Committee Substitute (CS) removes that ambiguity (page 2,
lines 3-6) by defining ANCSA property as real property that at
some point in the chain of title came from the federal government
to a regional corporation. It will apply to property that has
been reconveyed several times.
SENATOR ELLIS moved to adopt the Senate Rules CS as the working
document of the committee. There being no objection, the motion
carried.
SENATOR ELLIS moved CSSB 263(RLS) and its accompanying fiscal
notes from committee for calendaring at the Chairman's
discretion.
There being no objection, CHAIRMAN PHILLIPS noted the motion
carried.
The committee took up SB 269-NAMING BONDSTEEL BRIDGE OF HONOR.
SENATOR COWDERY asked if bridge 1121 is the Northbound bridge
that crosses the Knik River.
CHAIRMAN PHILLIPS said he believes that is correct.
SENATOR COWDERY moved to calendar SB 269 with its accompanying
fiscal note at the Chairman's discretion.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
MS. CAROL CARROLL, Department of Military and Veterans Affairs,
verified that bridge 1121 is the Northbound bridge.
SENATOR HALFORD moved to calendar SB 274-PHYSICIANS' LOCUM TENENS
PERMITS with its accompanying fiscal note.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY moved to calendar SB 324-PUBLIC UTILITIES EXEMPT
FROM REGULATION with its accompanying fiscal note at the
Chairman's discretion.
SENATOR ELLIS asked if the idea of SB 324 is to allow the
Regulatory Commission of Alaska (RCA) to continue to protect
consumers through the regulatory process if a private utility
enters Ketchikan.
SENATOR ROBIN TAYLOR, sponsor of SB 324, said the bill will
continue the status quo. He explained that most municipalities
that own utilities are exempt from regulation because they elect
the very people who regulate the utility therefore requiring
municipal utilities to be regulated by the RCA has always seemed
duplicative. He noted the issue is complex in the case of
Ketchikan because the possible competition is a
telecommunications system that will only take a piece of the
market. However, because it will be subject to regulatory
enforcement by RCS, all utilities in Ketchikan would be subject
to RCA's regulatory blanket. Sadly, there is no regulation that
RCA can do other than to grant a certificate to the new entrant
to the field; the RCA is preempted under the Federal
Communications Act. Yet, the mere fact that an entrant has come
into the market sweeps all of the other utilities under RCA's
purview.
SENATOR ELLIS said he agrees with the bill and supports the
concept but noted it is ironic that the legislature must use its
power to protect a community from predation by the private
sector, especially when the Majority argues that competition is
good.
SENATOR TAYLOR indicated that the private company can still come
in to the market but the regulatory aspects of the RCA will not
be invested on the community.
SENATOR ELLIS said he will join with Senator Taylor to protect
consumer interests in Ketchikan.
The Chairman noted that with no objection, SB 324 would be
calendared.
SENATOR COWDERY moved to calendar SB 345-SCHOOL SERVICES FOR
DISABLED STUDENTS, by Senator Green, with its accompanying fiscal
notes at the Chairman's discretion.
SENATOR ELLIS lamented it is hard to be "Green," (a quote from
Kermit the Frog).
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
There being no further business to come before the committee,
CHAIRMAN PHILLIPS adjourned the meeting.
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