Legislature(2005 - 2006)CAPITOL 106

03/14/2006 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 475 PUB EMPLOYEE & TEACHER RETIREMENT & SBS TELECONFERENCED
Moved CSHB 475(STA) Out of Committee
+= HB 448 LICENSE PLATES FOR MASONS TELECONFERENCED
Moved CSHB 448(STA) Out of Committee
+= HB 438 INITIATIVE, REFERENDUM, RECALL PETITIONS TELECONFERENCED
Heard & Held
+= HB 45 CONTRIBUTIONS, LOBBYISTS, DISCLOSURE TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 448-LICENSE PLATES FOR MASONS                                                                                              
                                                                                                                                
9:02:18 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  next order of business was HOUSE                                                               
BILL NO. 448, "An Act relating  to special license plates for the                                                               
Free and Accepted Masons."                                                                                                      
                                                                                                                                
9:02:33 AM                                                                                                                    
                                                                                                                                
JAMES VAN HORN, Staff to  Representative Jim Elkins, Alaska State                                                               
Legislature, answered questions raised  during the last committee                                                               
hearing on HB  448, on behalf of  Representative Elkins, sponsor.                                                               
Regarding  Representative  Lynn's  previous suggestion  that  the                                                               
Knights of  Columbus be included,  he remarked that the  title of                                                               
the bill would  have to be changed.   He noted that  the bill was                                                               
originally  called, "An  act relating  to special  license plates                                                               
for  benevolent  associations",  but   after  talking  to  [Duane                                                               
Bannock], the director  of the [Division] of  Motor Vehicles, the                                                               
title was  changed to its  present form.   Mr. Van Horn  said the                                                               
term  "benevolent associations"  is found  only in  the insurance                                                               
section   of  Alaska   Statutes,  and   says  a   new  benevolent                                                               
association  may  not  be  formed  in  Alaska  after  1966.    He                                                               
indicated that he was informed  by the Division of Motor Vehicles                                                               
that the set-up  cost of making a special license  plate is about                                                               
$300.                                                                                                                           
                                                                                                                                
9:06:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  asked for  a  description  of "free  and                                                               
accepted Mason."                                                                                                                
                                                                                                                                
MR. VAN HORN  deferred to Representative Elkins, whom  he said is                                                               
a Mason.                                                                                                                        
                                                                                                                                
9:06:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS said he is  not certain what the definition                                                               
would be for "free and  accepted."  Notwithstanding that he noted                                                               
that  the organization  is  the oldest  one of  its  kind in  the                                                               
world,  and it  does not  discriminate by  religion.   He shared,                                                               
"It's more of  a way of life  in what you practice  when you're a                                                               
Mason; it's a very ritualistic lodge within the lodge."                                                                         
                                                                                                                                
9:07:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN noted  that George  Washington was  a Mason.                                                               
He said the  Masons and the Knights of Columbus  do much the same                                                               
things.  He listed the principals  of the Knights of Columbus as:                                                               
charity,  unity,  fraternity,  and  patriotism.   He  stated  his                                                               
intention to eventually offer an  amendment to add the Knights of                                                               
Columbus to the bill.                                                                                                           
                                                                                                                                
9:08:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS,  in response  to  a  question from  Chair                                                               
Seaton, said  he would  have no objection  to such  an amendment,                                                               
but questioned  if the  committee would  like to  consider adding                                                               
other fraternal organizations.                                                                                                  
                                                                                                                                
9:09:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked Mr. Van  Horn to distribute a copy                                                               
of  the committee  substitute he  had mentioned  previously.   He                                                               
said  he  understands  why  Representative  Lynn  would  like  to                                                               
include the  Knights of Columbus.   He indicated concern  that by                                                               
using  the  term  "benevolent organization,"  some  organizations                                                               
that are not  so benevolent may try to be  included, for example,                                                               
the Ku Klux Klan.                                                                                                               
                                                                                                                                
9:10:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  recollected that Mr.  Van Horn had  told him                                                               
that some  states have watchdog  agencies that have the  power to                                                               
decline applications.                                                                                                           
                                                                                                                                
9:10:53 AM                                                                                                                    
                                                                                                                                
MR.  VAN HORN  clarified that  Representative Elkins'  office had                                                               
done some research  regarding the Department of  Licensing in the                                                               
State  of  Washington, and  found  that  that department  has  41                                                               
special license  plates and  has a  special license  plate review                                                               
board, broken  up into  categories.  He  deferred to  Mr. Bannock                                                               
for further  response on the issue.   He noted that  Version F is                                                               
actually the  original form of  the bill, and he  reiterated that                                                               
statute does  not recognize  any benevolent  organizations formed                                                               
after July  1, 1966.   Mr.  Van Horn  stated, "So,  hopefully the                                                               
Knights of Columbus  were recognized by the state  prior to 1966,                                                               
as, for example,  the Elks, the Moose, and  organizations such as                                                               
that."  In response to  a question from Representative Gruenberg,                                                               
he said he does not have a list of those organizations.                                                                         
                                                                                                                                
9:12:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO said  he shares  Representative Gruenberg's                                                               
concern regarding  the "benevolent organization" definition.   He                                                               
explained  that there  could be  some  organizations that  formed                                                               
before  1966, but  changed their  focus since  then to  something                                                               
less good.   He  stated, "I  really feel  good about  having each                                                               
individual organization  come before  a body of  legislators, and                                                               
I'm not happy  about opening it up to whatever  the definition of                                                               
benevolent association is."                                                                                                     
                                                                                                                                
9:14:19 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON opened public testimony.                                                                                           
                                                                                                                                
9:14:37 AM                                                                                                                    
                                                                                                                                
DUANE BANNOCK,  Director, Division of Motor  Vehicles, Department                                                               
of Administration, in  response to a question  from Chair Seaton,                                                               
stated that  he has  recommended creating  a subsection  in "this                                                               
chapter" for  each individual license plate.   Regarding previous                                                               
comment that other  states have some sort of body  that makes the                                                               
determination  regarding license  plates, he  suggested that  the                                                               
Alaska  State  Legislature  is  that  body.    A  more  "blanket"                                                               
approach, he said,  would arguably take that  authority away from                                                               
the legislature  and return  it to  bureaucrats.   Currently, the                                                               
legislature  has  the  authority  to approve  or  disapprove  all                                                               
plates before the Division of  Motor Vehicles produces and issues                                                               
them, which Mr. Bannock opined is a good process.                                                                               
                                                                                                                                
9:15:46 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  asked   Mr.  Bannock  to  clarify   who  pays  the                                                               
previously mentioned $300 set-up fee.                                                                                           
                                                                                                                                
9:16:04 AM                                                                                                                    
                                                                                                                                
MR. BANNOCK  explained that although  he included that  amount in                                                               
the bill  analysis for informational purposes,  traditionally the                                                               
DMV has  paid that fee.   He stated,  "To be consistent,  we have                                                               
never charged the individual organization for them."                                                                            
                                                                                                                                
9:16:40 AM                                                                                                                    
                                                                                                                                
MR.  BANNOCK,  in  response to  a  question  from  Representative                                                               
Ramras,  informed  the  committee   that  the  Advanced  Business                                                               
Partners  (ABPs)  [who  are  qualified  to  do  work  related  to                                                               
licensing  and  registration] often  stock  some  of the  special                                                               
license plates.                                                                                                                 
                                                                                                                                
9:17:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  referred to the  aforementioned statute                                                               
regarding  benevolent  association,  and   he  asked,  "Does  the                                                               
Division  of Motor  Vehicles have  any experience  in determining                                                               
what  are the  relevant benevolent  associations, et  cetera, for                                                               
the issuance of license plates?"                                                                                                
                                                                                                                                
9:18:28 AM                                                                                                                    
                                                                                                                                
MR. BANNOCK  replied, "In  the last  three years  I can  say zero                                                               
experience in that field."                                                                                                      
                                                                                                                                
9:18:37 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON reminded the committee  that it does not have before                                                               
it a  working draft  addressing benevolent  [associations], thus,                                                               
he asked the committee to focus on [the original bill version].                                                                 
                                                                                                                                
9:19:12 AM                                                                                                                    
                                                                                                                                
LOUIS S.  BANDIROLA, State Deputy, Alaska  Contingent, Knights of                                                               
Columbus, asked  the committee to consider  including the Knights                                                               
of Columbus in HB 448.   He said the organization has existed for                                                               
over 150  years, is  spread throughout most  of the  Americas and                                                               
currently moving into parts of  Europe, and has over 1.75 million                                                               
members worldwide.  He spoke  about the principals of the Knights                                                               
of   Columbus,   previously   listed  by   Representative   Lynn,                                                               
characterizing  them as  key goals.    In Alaska,  he noted,  the                                                               
Knights  of Columbus  have  just over  1,600  members; its  first                                                               
council  met  in 1914  in  Juneau.    He  noted that  the  Alaska                                                               
contingent did  not receive  statewide status "as  a unit  of its                                                               
own" until 1994.  However, based  on the work that the Knights of                                                               
Columbus have done in the past and  hope to continue to do in the                                                               
future,  Mr. Bandirola  restated his  hope that  the organization                                                               
will be offered similar recognition in HB 488.                                                                                  
                                                                                                                                
9:21:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  Mr.   Bannock  to  explain  the                                                               
significance of  the last  sentence in Version  G, which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     The   department  may   disapprove   the  issuance   of                                                                    
     registration  plates  under  this subsection  when  the                                                                    
     requested  plates  are  a duplication  of  an  existing                                                                    
     registration.                                                                                                              
                                                                                                                                
9:22:02 AM                                                                                                                    
                                                                                                                                
MR. BANNOCK said that is  standard language, the purpose of which                                                               
is to  clear up any  confusion "from  a customer point  of view."                                                               
He offered an example.                                                                                                          
                                                                                                                                
9:23:10 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON,  after ascertaining that  there was no one  else to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
9:23:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to adopt [Conceptual]  Amendment 1, to                                                               
add  the Knights  of  Columbus  to HB  448,  with an  appropriate                                                               
change of title.                                                                                                                
                                                                                                                                
REPRESENTATIVE LYNN declared a conflict  of interest; he revealed                                                               
that he is a "fourth degree Knight of Columbus."                                                                                
                                                                                                                                
CHAIR  SEATON asked  if there  was any  objection [to  Conceptual                                                               
Amendment 1].                                                                                                                   
                                                                                                                                
9:23:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS said he  would accept [Conceptual Amendment                                                               
1].                                                                                                                             
                                                                                                                                
9:23:55 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that there  being no objection, Conceptual                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
CHAIR SEATON asked Mr. Bannock if  the addition of the Knights of                                                               
Columbus should be made in a separate subsection (y).                                                                           
                                                                                                                                
MR. BANNOCK answered yes.                                                                                                       
                                                                                                                                
9:25:26 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON, in response to  a question by Representative Gatto,                                                               
explained that  he had  just clarified with  Mr. Bannock  that by                                                               
putting  the   Knights  of  Columbus  reference   as  a  separate                                                               
paragraph, the  license plate itself  would be separate  from the                                                               
design for the Free and Accepted Masons.                                                                                        
                                                                                                                                
MR.  BANNOCK  concurred  with Chair  Seaton's  explanation.    He                                                               
stated, "What  we would have is  one bill that addresses  two ...                                                               
distinctly different license plates."                                                                                           
                                                                                                                                
9:26:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to report  HB 448, as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  448(STA)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     
                                                                                                                                

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