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.