SENATE RULES COMMITTEE May 6, 1998 11:50 a.m. MEMBERS PRESENT Senator Tim Kelly, Chair Senator Loren Leman, Vice Chair Senator Robin Taylor Senator John Torgerson Senator Jim Duncan MEMBERS ABSENT All members present COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 313(FIN) "An Act relating to preventive maintenance programs required for certain state grants; and providing for an effective date." CS FOR HOUSE BILL NO. 473(FIN) "An Act relating to training and certification of fire services personnel; relating to certification of fire services training programs; and providing for an effective date." CS FOR HOUSE BILL NO. 206(FIN) am "An Act relating to credit under the Public Employees' Retirement System for service as a village public safety officer." SENATE BILL NO. 340 "An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land." CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to operating appropriations for facility operations, maintenance and repair, and renewal and replacement for components of public buildings and facilities; and providing for an effective date." CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) am "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products." CS FOR HOUSE BILL NO. 324(L&C) am "An Act relating to deferral of certain municipal assessment payments." CS FOR HOUSE BILL NO. 343(TRA) "An Act excluding certain motor vehicles from the definition of commercial motor vehicle." CS FOR HOUSE BILL NO. 264(FIN) "An Act relating to negotiated regulation making; and providing for an effective date." HOUSE JOINT RESOLUTION NO. 57 am Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. CS FOR HOUSE BILL NO. 347(L&C) "An Act relating to an exemption from overtime wage requirements for certain motor vehicle mechanics." CS FOR HOUSE BILL NO. 353(HES) am "An Act relating to adoption by reference in regulations; and providing for an effective date." CS FOR HOUSE BILL NO. 464(STA) "An Act authorizing state veterans' home facilities to provide nursing home care with related medical services." CS FOR HOUSE BILL NO. 474(RLS) "An Act relating to the Alaska Police Standards Council and to municipal correctional officers." CS FOR HOUSE BILL NO. 386(FIN) "An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date." HOUSE JOINT RESOLUTION NO. 59 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. CS FOR HOUSE JOINT RESOLUTION NO. 62(CRA) Relating to bringing Balto back to Alaska. CS FOR HOUSE JOINT RESOLUTION NO. 65(L&C) Requesting that Alaska wild salmon be included as an organic food under federal law. HOUSE BILL NO. 469 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Mapco Alaska Petroleum, Inc.; and providing for an effective date." SENATE BILL NO. 297 "An Act relating to breast-feeding." PREVIOUS SENATE COMMITTEE ACTION HB 313 - Finance report 5/5/98. HB 473 - Finance report 5/5/98. HB 206 - See State Affairs minutes dated 3/31/98. Finance report 5/5/98. SB 340 - See Resources Committee minutes dated 4/29/98. Finance report 5/6/98. HB 315 - Finance report 5/6/98. HB 189 - HESS minutes dated 1/16/98, 1/28/98, 1/30/98 and Judiciary minutes dated 5/5/98. HB 324 - See State Affairs minutes dated 5/5/98. HB 343 - See Transportation minutes dated 4/30/98, and Labor and Commerce Committee minutes dated 5/5/98. HB 264 - See State Affairs minutes dated 4/16/98 & 5/5/98. Finance referral waived 5/6/98. HJR 57 - See State Affairs minutes dated 5/5/98. HB 347 - See Labor and Commerce Committee minutes dated 5/5/98. HB 353 - See HESS minutes dated 4/22/98, 4/24/98, and 4/27/98 and State Affairs minutes dated 5/5/98. HB 464 - See State Affairs minutes dated 5/5/98. HB 474 - See Labor and Commerce Committee minutes dated 5/5/98. HB 486 - See Labor and Commerce Committee minutes dated 5/5/98. HJR 59 - See State Affairs minutes dated 5/5/98. HJR 62 - See State Affairs minutes dated 5/5/98. HJR 65 - See Labor and Commerce Committee minutes dated 5/5/98. HB 469 - Finance report 5/6/98. SB 297 - See Judiciary minutes dated 4/1/98. Rules minutes dated 5/1/98. WITNESS REGISTER Representative Mark Hodgins State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 473 ACTION NARRATIVE TAPE 98-6, SIDE A CHAIRMAN KELLY called the Senate Rules Committee meeting to order at 11:50 a.m. and noted the presence of Senators Leman, Taylor, Torgerson, Duncan and Kelly. He then reviewed the committee calendar and requested motions on the following legislation. SENATOR LEMAN moved and asked unanimous consent CSHB 313(FIN) - PREVENTATIVE MAINTENANCE REQUIREMENT be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 206(FIN) am - PERS FOR VILLAGE PUBLIC SAFETY OFFICERS be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent SB 340 - INCREASE LAND GRANT TO UNIV. OF ALASKA be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 315(FIN) - OPERATING APPROPRIATIONS FOR MAINTENANCE be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSSSHB 189(JUD) am - RESTRICT TOBACCO SALES be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 324(L&C) am - MUNICIPAL LIEN FOR UTILITY IMPROVEMENTS be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 343(TRA) - DEFINITION OF COMMERCIAL MOTOR VEHICLE be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 264(FIN) - NEGOTIATED REGULATION MAKING be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent HJR 57 am - AMEND US CONSTIT. TO LIMIT FED. COURTS be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 347(L&C) - OVERTIME WAGE EXEMPTION FOR MECHANICS be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 353(HES) am - ADOPTION BY REFERENCE IN REGULATIONS be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 464(STA) - NURSING CARE AT STATE VETERANS' HOME be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 474(RLS) - CERTIFY MUNICIPAL CORRECTIONAL OFFICERS be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 386(FIN) - RE AK INDUS. DEVELOP & EXPORT AUTHORITY be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent HJR 59 - DESECRATION OF U.S. FLAG be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHJR 62(CRA) - BRING BALTO BACK TO ALASKA be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHJR 65(L&C) - CLASSIFY WILD SALMON AS ORGANIC FOOD be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent HB 469 - APPROVE SALE ROYALTY OIL TO MAPCO be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 473(FIN) - FIRE TRAINING AND CERTIFICATION be approved for calendaring at the discretion of the Chair. SENATOR TAYLOR objected stating that several people had contacted him and voiced their concern with the legislation. REPRESENTATIVE MARK HODGINS, prime sponsor of HB 473, explained there were concerns with the original legislation relating to rural volunteer fire departments. The Fire Chiefs Association and the Firefighters Association worked on the legislation and came up with what he thinks is an acceptable solution to the concerns expressed earlier. However, he noted there was still an area of concern in the Mat-Su Valley, but they are working with those people to address their concern. SENATOR TAYLOR said his concern is that there are volunteer forces around the state that are pretty well stressed already without having to come up with the money to go get training and then go through a training program before being allowed to be part of the volunteer fire department. REPRESENTATIVE HODGINS pointed out that they do have the ability of opting in or opting out of the program. CHAIRMAN KELLY stated HB 473 would be held in committee for one day in order to take a closer look at some of the problem areas Senator Taylor is concerned with. CHAIRMAN KELLY brought SB 297 - BREAST-FEEDING before the committee as the final order of business. He noted the committee adopted a Rules CS several days before, however, since that time, he has received a letter from Lisa Sutherland, Chief of Staff for Senator Ted Stevens, expressing concern that there was a question as to whether or not the intent of the bill applied to municipalities. He said it is questionable, so a new Rules CS was drafted adding in the Judiciary Committee language that made certain that it applied to municipalities. SENATOR LEMAN moved that the committee rescind its previous action in adopting CSSB 297(RLS). Hearing no objection, it was so ordered. SENATOR LEMAN moved the adoption of CSSB 297(2d RLS). Hearing no objection, it was so ordered. SENATOR LEMAN moved that CSSB 297(2d RLS) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. There being no further business to come before the committee, the meeting adjourned at 11:60 a.m.