SENATE RULES COMMITTEE April 13, 1994 4:13 p.m. MEMBERS PRESENT Senator Rick Halford, Chair Senator Steve Rieger, Vice Chair Senator George Jacko Senator Suzanne Little Senator Fred Zharoff MEMBERS ABSENT All members present COMMITTEE CALENDAR SENATE BILL NO. 195 "An Act extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." SENATE BILL NO. 228 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." SENATE BILL NO. 275 "An Act relating to the disposal of real property by the Department of Transportation and Public Facilities." SENATE BILL NO. 292 "An Act relating to transfers of prisoners under the Interstate Corrections Compact." SENATE BILL NO. 308 "An Act modifying administrative procedures and decisions by state agencies that relate to uses and dispositions of state land, property, and resources, and to the interests within them, and that relate to land, property, and resources, and to the interests within them, that are subject to the coastal management program; and providing for an effective date." SENATE BILL NO. 311 "An Act authorizing a credit against the fishery resource landing tax for certain contributions made by taxpayers not harvesting fisheries resources under a community development quota and for contributions based on fishery resources not harvested under a quota made by taxpayers harvesting fisheries resources under a community development quota, amending the manner of calculating the amount available for revenue sharing by operation of this credit, and expediting agency review of the credit applications under that tax; and providing for an effective date." CS FOR HOUSE BILL NO. 199(O&G) am "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses, and to oil and gas leases in certain areas of the state; and providing for an effective date." SENATE BILL NO. 248 "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION SB 195 - See Labor & Commerce minutes dated 4/22/93. See Health, Education and Social Services minutes dated 4/11/94. SB 228 - See Judiciary minutes dated 3/30/94. Finance report 4/13/94. SB 275 - See Transportation minutes dated 2/10/94 and Judiciary minutes dated 4/8/94. SB 292 - See Judiciary minutes dated 3/23/94 and 3/30/94. Finance report 4/13/94. SB 308 - See Resources minutes dated 2/14/94 and 2/22/94. Finance report 4/12/94. SB 311 - See Resources minutes dated 3/23/94 and 3/28/94. Finance report 4/11/94. HB 199 - Finance report 4/12/94. SB 248 - See Health, Education & Social Services minutes dated 2/2/94, 2/4/94, 2/16/94, and State Affairs minutes dated 3/11/94. Finance report 3/24/94. WITNESS REGISTER Senator Drue Pearce State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Opposed to amendment to SB 308 ACTION NARRATIVE TAPE 94-5, SIDE A Number 001 CHAIRMAN RICK HALFORD called the Senate Rules Committee meeting to order at 4:13 p.m. SENATOR RIEGER moved and asked unanimous consent that SB 195 (PHYSICAL/OCCUPATIONAL THERAPY BOARDS EXT.) be approved for calendaring at the Chair's discretion. Hearing no objection, it was so ordered. SENATOR RIEGER moved and asked unanimous consent that SB 228 (NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS) be approved for calendaring at the Chair's discretion. Hearing no objection, it was so ordered. SENATOR RIEGER moved and asked unanimous consent that SB 275 (DISPOSAL OF REAL PROPERTY BY DOTPF) be approved for calendaring at the Chair's discretion. Hearing no objection, it was so ordered. SENATOR RIEGER moved and asked unanimous consent that SB 292 (INTERSTATE TRANSFERS OF INMATES) be approved for calendaring at the Chair's discretion. Hearing no objection, it was so ordered. SENATOR RIEGER moved and asked unanimous consent that SB 311 (CREDIT TO FISHERY RESOURCE LANDING TAX) be approved for calendaring at the Chair's discretion. Hearing no objection, it was so ordered. SENATOR RIEGER moved and asked unanimous consent that CSHB 199 (O&G) am (OIL & GAS EXPLORATION LICENSES/LEASES) be approved for calendaring at the Chair's discretion. Hearing no objection, it was so ordered. Number 015 SENATOR HALFORD brought SB 308 (ADMIN ACTION RE LAND, RESOURCES, PROPERTY) before the committee as the next order of business. SENATOR LITTLE offered the following amendment to SB 308: Page 13, line 5: Delete "limit" and insert "focus" Delete "to" and insert "on" Page 13, line 14: Delete "is limited" and insert "proceeds" Page 13, line 18: Delete "proposed for that phase" Page 13, line 24: Delete "proposed for that phase" She explained the amendment makes the bill consistent with the legislative findings, the Administration's stated intent to coastal districts, and federal regulations. It addresses a significant concern that was raised by coastal districts relating to phasing. SENATOR DRUE PEARCE, Co-chair of the Senate Finance Committee, testified in opposition to the amendment, stating that it will gut the bill and the effect would be going back to the status quo in not allowing the phasing. SENATOR LITTLE defended her amendment, reiterating that without it the state is inconsistent with federal requirements under the coastal management planning process in that the bill would allow for limiting the scope of review more than federal regulations allow for. CHAIRMAN HALFORD called for a roll call vote on the amendment. The roll was taken with the following result: Senators Zharoff and Little voted "Yea" and Senators Rieger and Halford voted "Nay." The Chairman stated the amendment failed. SENATOR RIEGER moved and asked unanimous consent that SB 308 be approved for calendaring at the Chair's discretion. SENATOR LITTLE objected. The roll was taken with the following result: Senators Jacko, Rieger and Halford voted "Yea" and Senators Little and Zharoff voted "Nay." The Chairman stated the motion to move SB 308 out of committee carried. CHAIRMAN HALFORD brought SB 248 (ASSIST & PROTECT VULNERABLE ADULTS) before the committee and noted that the legislation was held over from the April 12, 1994 meeting with a motion pending to adopt CSSB 248(RLS). CHAIRMAN HALFORD asked if there were any objections to the adoption of the Rules CS. Hearing no objection, he stated CSSB 248(RLS) was adopted. SENATOR RIEGER directed attention to an amendment requested by Commissioner Nancy Usera of the Department of Administration. The department reviewed a proposed amendment suggested by the Christian Science Committee, but believe that it is unnecessary and would only serve to add controversy to an otherwise universally accepted bill. However, the department does not believe it will fatally flaw the bill provided that the amendment is clarified to ensure that the person who is the subject of the section consents to treatment by spiritual means only. SENATOR RIEGER moved the following amendment to CSSB 248(RLS): Page 12, line 2: After the word "adherent" add ,provided that the person consents to the treatment by spiritual means only Hearing no objection, the Chairman stated the amendment was adopted. SENATOR RIEGER moved that CSSB 248(RLS), as amended, be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. SENATOR RIEGER moved and asked unanimous consent that SB 248 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 4:29 p.m.