ALASKA STATE LEGISLATURE  CONFERENCE COMMITTEE ON HB 127   May 8, 2001 3:45 p.m.    MEMBERS PRESENT    Senator Rick Halford Senator Robin Taylor Senator Donny Olson Representative John Harris Representative Con Bunde Representative Beth Kerttula   MEMBERS ABSENT  All members present    COMMITTEE CALENDAR  HOUSE BILL NO. 127 "An Act relating to emergency equipment to be carried on aircraft." - MOVED 2d CCS HB 127 OUT OF COMMITTEE PREVIOUS ACTION  BILL: HB 127 SHORT TITLE:AVIATION & AIRCRAFT EMERGENCY EQUIPMENT SPONSOR(S): REPRESENTATIVE(S)HARRIS Jrn-Date Jrn-Page Action 02/14/01 0317 (H) READ THE FIRST TIME - REFERRALS 02/14/01 0317 (H) TRA 02/22/01 (H) TRA AT 1:00 PM CAPITOL 17 02/22/01 (H) Moved CSHB 127(TRA) Out of Committee 02/22/01 (H) MINUTE(TRA) 02/23/01 0423 (H) COSPONSOR(S): MORGAN 02/26/01 0434 (H) TRA RPT CS(TRA) 6DP 02/26/01 0435 (H) DP: KAPSNER, OGAN, SCALZI, WILSON, 02/26/01 0435 (H) KOOKESH, MASEK 02/26/01 0435 (H) FN1: ZERO(DOT) 03/09/01 (H) RLS AT 1:15 PM BUTROVICH 205 03/09/01 (H) Moved CSHB 127(RLS) Out of Committee 03/09/01 (H) MINUTE(RLS) 03/12/01 0540 (H) RLS RPT CS(RLS) NT 3DP 1NR 1AM 03/12/01 0540 (H) DP: PORTER, KOHRING, KOTT; NR: JOULE; 03/12/01 0540 (H) AM: BERKOWITZ 03/12/01 0540 (H) FN1: ZERO(DOT) 03/12/01 0540 (H) RETURNED TO RLS COMMITTEE 03/15/01 0609 (H) RULES TO CALENDAR 3/15/01 03/15/01 0609 (H) READ THE SECOND TIME 03/15/01 0610 (H) RLS CS ADOPTED UNAN CONSENT 03/15/01 0610 (H) ADVANCED TO THIRD READING UNAN CONSENT 03/15/01 0610 (H) READ THE THIRD TIME CSHB 127(RLS) 03/15/01 0610 (H) PASSED Y33 E4 A3 03/15/01 0614 (H) COSPONSOR(S): DYSON, BUNDE 03/15/01 0615 (H) TRANSMITTED TO (S) 03/15/01 0615 (H) VERSION: CSHB 127(RLS) 03/16/01 0691 (S) READ THE FIRST TIME - REFERRALS 03/16/01 0691 (S) TRA 03/16/01 0691 (S) CROSS SPONSOR(S): OLSON 04/26/01 (S) TRA AT 1:30 PM BUTROVICH 205 04/26/01 (S) Moved SCS(TRA) Out of Committee 04/26/01 (S) MINUTE(TRA) 04/27/01 1299 (S) TRA RPT SCS 1DP 3NR SAME TITLE 04/27/01 1300 (S) DP: COWDERY; NR: TAYLOR, WILKEN, WARD 04/27/01 1300 (S) FN1: ZERO(DOT) 04/28/01 1329 (S) RULES TO CALENDAR 4/28/01 04/28/01 1333 (S) READ THE SECOND TIME 04/28/01 1333 (S) TRA SCS ADOPTED UNAN CONSENT 04/28/01 1333 (S) AM NO 1 ADOPTED UNAN CONSENT 04/28/01 1334 (S) AM NO 2 ADOPTED UNAN CONSENT 04/28/01 1334 (S) ADVANCED TO THIRD READING UNAN CONSENT 04/28/01 1335 (S) READ THIRD TIME SCS CSHB 127(TRA) AM S 04/28/01 1335 (S) PASSED Y19 N- A1 04/28/01 1338 (S) TRANSMITTED TO (H) AS AMENDED 04/28/01 1338 (S) VERSION: SCS CSHB 127(TRA) AM S 04/28/01 (S) RLS AT 2:00 PM FAHRENKAMP 203 04/28/01 (S) MINUTE(RLS) 04/29/01 1352 (H) HELD UNDER UNFINISHED BUSINESS 05/01/01 1448 (H) BROUGHT UP FOR CONSIDERATION 05/01/01 1449 (H) RETURNED TO UNFINISHED BUSINESS 05/02/01 1490 (H) FAILED CONCUR (S) AM N39 E1 05/02/01 1491 (H) CONFERENCE COMMITTEE APPOINTED 05/02/01 1491 (H) *HARRIS, BUNDE, KERTTULA 05/02/01 1428 (S) FAILED RECEDE (S) AM Y- N20 05/02/01 1429 (S) CONFERENCE COMMITTEE APPOINTED 05/02/01 1429 (S) *HALFORD, TAYLOR, OLSON 05/04/01 (H) 127 AT 1:00 PM CAPITOL 124 05/04/01 (H) Moved CCSHB 127 Out of Committee MINUTE(127) 05/04/01 (S) 127 AT 1:00 PM CAPITOL 124 05/05/01 1553 (H) LIMITED POWERS FREE CONFERENCE GRANTED 05/05/01 1554 (H) REPORT HELD UNDER UNFINISHED BUSINESS 05/05/01 1568 (H) CC REPORT ADOPTED Y39 A1 CCS HB 127 05/05/01 1541 (S) LIMITED POWERS FREE CONFERENCE GRANTED 05/05/01 1543 (S) CC REPORT ADOPTED Y20 N- CCS HB 127 05/05/01 1542 (S) FN1: ZERO(DOT) 05/08/01 1731 (H) RESCIND ACTION ADOPTING CC REPORT 05/08/01 1731 (H) CC REPORT FAILED N39 A1 05/08/01 1711 (S) RESCIND ACTION ADPTING CC REPORT Y19 N1 05/08/01 (H) 127 AT 3:45 PM LOCATION TBA WITNESS REGISTER    GORDY WILLIAMS, Legislative Liaison Office of the Commissioner Alaska Department of Fish & Game PO Box 25526 Juneau, Alaska 99802-5526 POSITION STATEMENT: Addressed concerns and questions on the proposed CS. STEPHEN WHITE, Assistant Attorney General Natural Resources Section Department of Law PO Box 110300 Juneau, Alaska 99811-0300 POSITION STATEMENT: Addressed concerns and questions on the proposed CS.   ACTION NARRATIVE  CO-CHAIR HALFORD called the Conference Committee on HB 127 to order at 3:45 p.m. Members present at the call to order were Senators Halford, Taylor, Olson, and Representatives Harris, Bunde, and Kerttula. HB 127-AVIATION & AIRCRAFT EMERGENCY EQUIPMENT [Due to an equipment malfunction, there is no recording. Therefore, the following minutes were reconstructed from the log notes.] CO-CHAIR HALFORD stated that the Conference Committee on HB 127 is back due to unanimous consent on the floor to look at the bill again, due to objections from the Alaska Department of Fish & Game [ADF&G]. He pointed out a new proposed CS [2d CCS HB 127; 22-LS0544\R, Utermohle, 5/8/01]. The new proposed CS adds a provision [to Section 6, lines 15-19] that adds discussion of Title 16 [Alaska Statute-Fish and Game], and puts "fixed-wing" back into the bill, which was taken out at the first conference committee meeting on HB 127. SENATOR TAYLOR requested an explanation of these changes from ADF&G. GORDY WILLIAMS, Legislative Liaison, Office of the Commissioner, Alaska Department of Fish & Game, commented that they just became aware of concerns with Section 6 of the bill. He indicated that Title 16 provides ADF&G with the authority to protect and preserve habitat areas by setting aside refuges, sanctuaries or having closures for a part or full year. REPRESENTATIVE BUNDE commented that work had been done earlier on this issue. CO-CHAIR HALFORD said that was correct and asked the committee if there were any questions. SENATOR TAYLOR wondered where there was a problem with helicopters in Alaska, because he was not aware of any. He then said can't land wall sanctions. SENATOR TAYLOR indicated that some areas are closed to flights because they are too close to .... He then asked if there was a problem with where helicopters are landing in Alaska. MR. WHITE said there are regulations on the "book" for aircraft. SENATOR TAYLOR stated that the same regulations are in statute for "fixed-wing." If there are no problems with helicopters, then why have the same presumptions for them, he asked. He remarked that the only helicopter incident he has heard of involves elk and the ADF&G, in which 50 elk were driven off a cliff in Kodiak. He said if there was a problem [with helicopters], he wouldn't mind fixing it. MR. WHITE indicated that concerns arose due to the amount of places and land opened for helicopters. He then said that this part of the bill was originally up to the Conference Committee. SENATOR TAYLOR said that "fixed-wing" leaves open those that are not. He wondered why the same regulations couldn't be applied to helicopters [in this bill]. He suggested that if there is time to pass regulations, adding one word to regulation.... REPRESENTATIVE BUNDE remarked that when something like aircraft is restricted, nothing else needs to be added [such as "fixed- wing"]. CO-CHAIR HALFORD asked how many areas take action on a regular basis. He remarked that helicopter landings are unlimited. He indicated that in the beginning, he envisioned HB 127 being a simple bill, but now it has become longer. He suggested that if House members wanted to change the bill, then they could, but he would like to see consensus. SENATOR TAYLOR wondered if [ADF&G] would veto this bill because of the helicopter issue. MR. WHITE said not .... REPRESENTATIVE KERTTULA commented that in Juneau, helicopters can land anywhere. There was mention of critical habitat areas. SENATOR TAYLOR pointed out that he would be sympathetic if there was a problem with helicopters and critical habitat areas. He indicated that friends who were hunting, using privately owned helicopters, have been excluded due to regulations. He stated that once a problem appears it shouldn't be that "all areas [are] not open." He said he does not understand. REPRESENTATIVE HARRIS, sponsor of the bill, asked if this issue [bill] is one that the governor is willing to "let loose" and hold off until next year. MR. WILLIAMS said he don't know if this was possible in regard to the Title 16 issue. He indicated that ADF&G's focus is to address the Title 16 issues. SENATOR OLSON commented that his interest in this comes from his own area, where for generations, reindeer herders have used helicopters to round up reindeer in the summer. He said that he is looking at the person who is trying to preserve his or her business. He noted that unfortunately, the reindeer business has declined and is not going as well as it was 20 years ago. CO-CHAIR HALFORD suggested that the committee adopt the proposed CS [Version R as a working draft] and then adopt an amendment to resolve this issue. REPRESENTATIVE HARRIS made a motion was to adopt the proposed CS for HB 127, version 22-LS0544\R, Utermohle, 5/8/01, as a working draft. There being no objection, Version R was before the committee. SENATOR TAYLOR made a motion to amend Version R by deleting "fixed-wing" after the word "of" on page 3, line 20. He said this would keep all the language in. A hand vote was counted. Senators Halford, Taylor, Olson, and Representative Harris, and Bunde voted in favor the amendment. Representative Kerttula voted against the amendment. Therefore, the amendment passed by a vote of 5-1. CO-CHAIR HALFORD moved that the committee report 2d CCS HB 127, as amended to the full body for consideration. There being no objection, it was so ordered. ADJOURNMENT  There being no further business, the Conference Committee on HB 127 was adjourned at approximately 3:55 p.m.