SENATE RULES COMMITTEE May 4, 1999 11:30 a.m. MEMBERS PRESENT Senator Tim Kelly, Chair Senator Loren Leman, Vice Chair Senator Mike Miller Senator Drue Pearce Senator Johnny Ellis MEMBERS ABSENT None COMMITTEE CALENDAR SENATE BILL NO. 67 "An Act relating to taxation, including taxation of income of individuals, estates, and trusts; and providing for an effective date." -MOVED SB 67 OUT OF COMMITTEE SENATE BILL NO. 128 "An Act relating to the storage tank assistance fund; eliminating the grant portion of a program relating to risk assessment, containment, corrective action, and cleanup of underground petroleum storage tank systems and replacing the grant portion with a loan program; relating to discharges from underground petroleum storage tank systems; and providing for an effective date." -MOVED ALL VERSIONS OF SB 128 OUT OF COMMITTEE SENATE BILL NO. 133 "An Act creating and providing for the Alaska Energy Conservation Commission and transferring to it the powers and duties of the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation Commission; repealing the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation Commission; relating to regulation of waste collection and disposal; relating to the powers of the chair of the Alaska Energy Conservation Commission; relating to the appellate procedures of the Alaska Energy Conservation Commission; and providing for an effective date." -MOVED ALL VERSIONS OF SB 133 OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 67 - See Finance report dated 5/4/99. SB 128 - See Resources Committee minutes dated 4/7/99 and Finance report dated 4/30/99. SB 133 - See Resources committee minutes dated 4/12/99 and 4/26/99 and Finance report dated 4/30/99. WITNESS REGISTER Senator Dave Donley Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on SB 128 Pat Carter, Legislative Aide Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Testified for Senator Pearce, sponsor of SB 133 ACTION NARRATIVE TAPE 99-8, SIDE A CHAIRMAN KELLY called the Senate Rules Committee meeting to order at 11:30 a.m. All members were present. SENATOR LEMAN moved to calendar SB 67-GOVERNOR'S INC TAX:INDIVID/EST/TRUSTS for the purpose of a floor debate. SENATOR ELLIS objected. The motion to calendar SB 67 carried with Senators Pearce, Leman, Miller and Kelly voting "yea," and Senator Ellis voting "nay." SENATOR LEMAN moved to calendar SB 128-STORAGE TANK ASSISTANCE FUND. SENATOR DONLEY questioned whether the Senate Rules Committee was meeting in compliance with Rule 23(d) since the meeting was not noticed a full 24 hours in advance. CHAIRMAN KELLY noted the Rules Committee is exempted under Rule 23(e). SENATOR PEARCE clarified that the Legislative Ethics Committee has advised that under the 24 hour rule, a committee meeting must be noticed by 5:00 p.m. the previous day, therefore 24 hours do not need to lapse. She added the only time a strict interpretation of the 24 hour rule is applied is to conference committee meetings. There being no objection to Senator Leman's motion to calendar SB 128, CHAIRMAN KELLY announced the motion carried. SENATOR DONLEY requested time to prepare amendments before SB 133 is taken up on the Senate floor. CHAIRMAN KELLY announced the Rules Committee substitute would be presented and adopted, and then the Senate would recess before the daily calendar begins to give Senator Donley time to draft amendments. PAT CARTER, legislative aide to Senator Pearce, sponsor of SB 133, discussed the changes made in the proposed Senate Rules Committee substitute (Version X) as follows. The AOGCC and APUC will not be merged at this time; the merger will take place after the Legislative Budget and Audit (LBA) report is completed. Pipeline regulation will also fall under the new authorization to LBA to study the two commissions independently and their respective functions, and report which format will best serve the state's interest to the Legislature and the Governor. Language on page 4, lines 24-26, was amended to set new advocacy standards; those advocacy standards can now be applied to major public policy considerations before the commission, and/or matters in which the financial interest of the public is at stake. The previous version of the bill allowed the application of advocacy standards to adjudicated matters only. SENATOR ELLIS questioned whether the proposed committee substitute changes the fiscal impact of the bill. MR. CARTER said it does not. SENATOR PEARCE moved to adopt CSSB 133(RLS)-REGULATORY COMMISSION OF ALASKA. There being no objection, the motion carried. SENATOR PEARCE moved to calendar all versions of SB 133. There being no objection, the motion carried. CHAIRMAN KELLY announced the Senate Rules Committee would be meeting again following the Senate floor session and adjourned the meeting.