Legislature(2009 - 2010)CAPITOL 106
03/24/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB73 | |
| HB123|| SB35 | |
| HB193 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 73 | TELECONFERENCED | |
| *+ | HB 123 | TELECONFERENCED | |
| *+ | HB 193 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 73-HONORARY CONSUL LICENSE PLATES 8:09:50 AM CHAIR LYNN announced that the first order of business was HOUSE BILL NO. 73, "An Act relating to honorary foreign consul license plates; and providing for an effective date." 8:09:55 AM NANCY MANLY, Staff, Representative Bob Lynn, Alaska State Legislature, introduced HB 73 on behalf of Representative Lynn, prime sponsor. She noted that included in the committee packet is a committee substitute (CS) for HB 73, labeled 26-LS0303\E, Luckhaupt, 3/12/09. She explained that Representative Harris had requested the bill include license plates for fire fighters and emergency medical service (EMS) providers. Problems developed regarding the inclusion of the honorary foreign consul, so that part of the bill was deleted. Currently, the aforementioned CS includes only fire fighters and EMS providers. 8:10:48 AM REPRESENTATIVE WILSON moved to adopt the proposed committee substitute (CS) for HB 73, labeled 26-LS0303\E, Luckhaupt, 3/12/09, as a work draft. 8:10:59 AM REPRESENTATIVE SEATON objected, then removed his objection. There being no further objection, Version E was before the committee. 8:11:33 AM SUSIE HILL KOKLICH, testifying on behalf of the Alaska State Firefighter's Association (ASFA), called HB 73 a "feel good" bill that would serve as a thank you to fire fighters and EMS providers. She said this has been done for others in the state and ASFA feels it is time for fire fighters and EMS providers in the state of Alaska to be recognized, especially volunteers who do not get paid for their service. 8:12:37 AM REPRESENTATIVE SEATON directed attention to language on page 2, [Section 2, beginning on line 14], which shows three different fees scheduled, and he said he would like to know the reasoning behind the proposed fees. MS. KOKLICH said she could not respond, because she had no input regarding those fees. 8:13:50 AM DAVE MILLER, President, Alaska State Firefighter's Association (ASFA), testified in support of HB 73. He related that he is a member of the Sitka Volunteer Fire Department. He concurred with Ms. Koklich that HB 73 is a great way in which to recognize volunteers. He said it has been shown that "little bits of recognition like this really help in recruitment and retention of volunteers for the future." He reported that the number of people volunteering nationwide is low, and the proposed bill may help the effort to increase volunteer numbers. He suggested that [when special license plates are in place], people can note who is volunteering and perhaps be inspired to do so themselves. 8:14:54 AM REPRESENTATIVE WILSON stated for the record that she was a former emergency medical technician (EMT) who worked for an ambulance squad and thus would qualify to receive a special license through HB 73. CHAIR LYNN said he drove an ambulance in Tucson, Arizona, years ago. 8:15:38 AM REPRESENTATIVE JOHNSON directed attention to page 2, line 3, which read: (A) a fire department in this state and the fire department is recognized as a fire department by the state fire marshal; or REPRESENTATIVE JOHNSON asked if all volunteer fire departments are recognized by the fire marshal. MR. MILLER responded that there are approximately 250 recognized fire departments in the state of Alaska, and perhaps 15-20 that are not currently registered. He said "we" are working on getting those departments registered. REPRESENTATIVE JOHNSON said whether or not a person volunteers for a recognized fire department or an unrecognized one, a firefighter is still putting his/her life on the line. He explained that he does not want people excluded from the bill who are doing the same job, just because the fire marshal has not recognized them. 8:16:53 AM REPRESENTATIVE SEATON concurred, but stated his concern that if there is no classification, anyone could say he/she is a volunteer firefighter. REPRESENTATIVE JOHNSON said he does not know the answer, but wanted to pose the question. 8:17:25 AM REPRESENTATIVE WILSON asked the committee to consider changing language in the bill to address the fact that some EMT programs are not affiliated with a fire department, but are recognized. 8:18:27 AM WHITNEY BREWSTER, Director, Division of Motor Vehicles (DMV), Department of Administration, testified in support of HB 73. She said the DMV would like to know how it will be able to verify an applicant's claim that he/she is a fire fighter or EMS provider. MR. MILLER said he would be willing to work out a method by which the DMV could make that identification. He suggested forms could be created for the fire fighters' supervisors to sign, for example. 8:19:45 AM REPRESENTATIVE JOHNSON asked if any kind of law or statute exists against impersonating a fire fighter. CHAIR LYNN stated his assumption that such a law would apply to the acquisition of a special license plate for those who have earned a purple heart. 8:20:24 AM REPRESENTATIVE GRUENBERG responded that there is a federal law against impersonating the acquisition of a medal, and he said he would look in statute to determine the answer to Representative Johnson's question. 8:21:02 AM MS. KOKLICH stated that it is the intent of ASFA that any individual, whether active or retired, wanting a special license would need to get certification from his/her local fire department and take that paperwork to the DMV in order to be issued the plate. 8:21:26 AM MS. KOKLICH, in regard to Representative Johnson's previous question, offered her understanding that many of the [fire] departments that are not recognized exist off the road system and do not even have vehicles. She confirmed Mr. Miller's previous remark that work is being done with the small departments to get them registered with the state fire marshal's office. 8:22:58 AM REPRESENTATIVE GRUENBERG cited AS 11.46.570, which read as follows: Sec. 11.46.570. Criminal impersonation in the second degree. (a) A person commits the crime of criminal impersonation in the second degree if the person (1) assumes a false identity and does an act in the assumed character with intent to defraud, commit a crime, or obtain a benefit to which the person is not entitled; or (2) pretends to be a representative of some person or organization and does an act in the pretended capacity with intent to defraud, commit a crime, or obtain a benefit to which the person is not entitled. (b) Criminal impersonation in the second degree is a class A misdemeanor. CHAIR LYNN stated his assumption that obtaining a special license would be a benefit. REPRESENTATIVE GRUENBERG said he believes so. He cited another applicable statute, AS 11.56.827, which read as follows: Sec. 11.56.827. Impersonating a public servant in the first degree. (a) A person commits the crime of impersonating a public servant in the first degree if the person violates AS 11.56.830 by pretending to be a peace officer and purports to exercise the authority of a peace officer in relation to another person. (b) Impersonating a public servant in the first degree is a class C felony. REPRESENTATIVE GRUENBERG cited a third related statute, AS 11.56.830, which read as follows: Sec. 11.56.830. Impersonating a public servant in the second degree. (a) A person commits the crime of impersonating a public servant in the second degree if the person pretends to be a public servant and purports to exercise the authority of a public servant in relation to another person. (b) It is not a defense to a prosecution under this section that (1) the office the defendant pretended to hold did not in fact exist; or (2) the defendant was in fact a public servant different than the one the defendant pretended to be. (c) This section does not apply to a peace officer acting within the scope and authority of the officer's employment. (d) Impersonating a public servant in the second degree is a class B misdemeanor. 8:25:53 AM REPRESENTATIVE SEATON clarified for the record that if someone is driving a car with a special license plate, but is not the recipient of said license plate, that person would not be guilty of impersonating a firefighter. 8:27:07 AM REPRESENTATIVE JOHNSON clarified his concern relates to the obtaining of a license plate. REPRESENTATIVE GRUENBERG cited AS 11.81.900(44), which read: (44) "peace officer" means a public servant vested by law with a duty to maintain public order or to make arrests, whether the duty extends to all offenses or is limited to a specific class of offenses or offenders; MR. MILLER, in response to Representative Gruenberg, surmised that firefighters do not fall under that statute. In response to Chair Lynn, he said a fire fighter can ask people to step away, but cannot arrest them for not doing so. REPRESENTATIVE GRUENBERG noted that paragraph (44) uses the word "or", and he asked if firefighters maintain public order. MR. MILLER answered that they do. 8:29:45 AM REPRESENTATIVE GRUENBERG directed attention to page 2, lines 3- 4, of Version E, which read: (A) a fire department in this state and the fire department is recognized as a fire department by the state fire marshal; or REPRESENTATIVE GRUENBERG asked if [military] base fire departments are included in that category. MR. MILLER answered yes. REPRESENTATIVE GRUENBERG suggested that firefighters deployed to Iraq should be considered. REPRESENTATIVE WILSON offered her understanding that there are special license plates for veterans. REPRESENTATIVE GRUENBERG confirmed that is correct, but said he thinks firefighters stationed on a base should be allowed also to obtain the special license plates for firefighters. He explained that the language which concerns him is "in this state", which he pointed out also occurs on [page 2, line 9]. 8:31:58 AM MR. MILLER said he thinks [including firefighters stationed overseas] would be fine, as long as the chief of the base department was willing to provide authorization. REPRESENTATIVE GRUENBERG remarked that having one of these licenses may be beneficial for firefighters, because that would identify them in an emergency situation. CHAIR LYNN said anyone who is a firefighter in the state would qualify. If someone qualified for a plate, then subsequently moved out of state, the plate would expire in normal course of time. He stated that he sees no need to "drill down this deeply into this." 8:34:18 AM MS. BREWSTER explained that to apply for the special license plate, an individual would show the DMV a signed form proving he/she is an active or former firefighter. She said if it is the intent of the legislature to include those firefighters who operate on a military base, then the division would honor that. 8:35:35 AM MICHELLE WESTON, 2 Vice President, Board of Directors, Alaska Fire Chiefs Association (AFCA), testified on behalf of the AFCA in support of HB 73. She characterized the proposed legislation as "doable." She said she thinks the association can work with the DMV and work on certification of individuals. Ms. Weston said she thinks the majority of Alaskan communities have certified volunteer firefighters and emergency medical technicians that "routinely leave their families and jobs day and night to provide service to local communities." Ms. Weston stated, "We join with the other firefighter associations across the state to urge your approval for this." MS. WESTON noted that in other states, revenue from similar plates has been put back into volunteer firefighter organizations or into the Juvenile Firesetter Intervention program. She said she would like to see that happen. 8:36:58 AM REPRESENTATIVE GRUENBERG, in response to Chair Lynn, directed attention to language on page 2, [lines 27-29], which read as follows: the annual estimated balance in the account that is in excess of the cost of issuing special request plates may be appropriated by the legislature for the purposes provided in AS 14.43.085. REPRESENTATIVE GRUENBERG highlighted the related points found throughout AS 14.43.085. 8:38:38 AM CHAIR LYNN closed public testimony. 8:39:16 AM MS. BREWSTER, in response to Representative Seaton, offered her understanding that Version E would allow anyone who wants a commemorative plate to obtain one by paying the $100 fee, plus the $35 fee found on [page 2], line 21. 8:41:14 AM MS. BREWSTER, in response to Representative Petersen, said the cost to the state for making each special plate is about $10, and the remaining fees collected would go into the general fund. She noted that that is spelled out on page 2, lines 21-29. 8:42:06 AM MS. BREWSTER, in response to Representative Wilson, offered her understanding that the design of the special plate would be the same whether it was for an active or former fire fighter or EMS provider, or was a commemorative plate. 8:42:58 AM REPRESENTATIVE SEATON moved to report CSHB 73, Version 26- LS0303\E, Luckhaupt, 3/12/09, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 73(STA) was reported out of the House State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 3-12-09 Blank CS for HB 73 Version E.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 01 HB0123A.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 02 3-20-09 CS HB 73 Sponsor Statement Version E Fire.doc |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 03 Fiscal for Firefighter CSHB073-DOA-DMV-03-16-09.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 04 HB 73 Firefighter EMS Support Letter-emails.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 02 HB 123 Sponsor Statement.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 03 HB123-DHSS-BHA-03-23-09.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 04 HB123-DHSS-SSPC-03-23-09.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 05 HB 123 Statewide Suicide Prevention Council.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 01 HB0193A.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 193 |
| 02 HB 193 Bill Packet.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 193 |
| 03 HB93-LEG-ETH-03-23-09.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 93 |
| 05 Add'l support HB 73.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 06 Support Letter AARP HB 123.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 06 Add'l support HB 73.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| CS for HB 73 STA Version S.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |