Legislature(2013 - 2014)CAPITOL 106

04/15/2014 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 206 VEHICLE REGIS/LICENSING/ACCIDENT REPORTS TELECONFERENCED
Moved Out of Committee
+ HB 356 ADVISORY COMMITTEE ON WELLNESS TELECONFERENCED
Moved CSHB 356(STA) Out of Committee
+ SJR 26 PLEDGE OF ALLEGIANCE TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 206-VEHICLE REGIS/LICENSING/ACCIDENT REPORTS                                                                     
                                                                                                                              
8:05:50 AM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER announced that  the first order of business was                                                               
CS  FOR SENATE  BILL  NO.  206(STA), "An  Act  relating to  motor                                                               
vehicle registration  and fees;  relating to licensing  of school                                                               
bus drivers; relating to notice  of an accident involving a motor                                                               
vehicle; and providing for an effective date."                                                                                  
                                                                                                                                
8:06:34 AM                                                                                                                    
                                                                                                                                
SENATOR  PETER  MICCICHE,  Alaska  State  Legislature,  as  prime                                                               
sponsor, presented  CSSB 206(STA).   He said  the bill  was about                                                               
three  things:  efficiency  of the  Division  of  Motor  Vehicles                                                               
(DMV),  timely  reporting  of  highway  accidents,  and  ensuring                                                               
appropriate employees are entrusted  to drive children to school.                                                               
He said he envisions a DMV where  most of the business is done on                                                               
line.   People would set  up an  account where they  could manage                                                               
the  registration and  other payments  on  their vehicles,  using                                                               
PayPal or a credit card.  He  said statutes need to be updated to                                                               
facilitate  the  use of  current  technology,  which he  said  he                                                               
believes would  reduce costs.   He said the  proposed legislation                                                               
would allow  the DMV to  use e-mail notification, would  put into                                                               
statute the current process of waiving  the $10 fee for using the                                                               
web  site  to  renew  registrations,  and  would  allow  accident                                                               
reports to be submitted electronically.                                                                                         
                                                                                                                                
SENATOR MICCICHE emphasized that the  only licenses that would be                                                               
affected  under  CSSB  206(STA)  would be  those  of  school  bus                                                               
drivers.   He named the following  crimes as allowed in  the past                                                               
history  of school  bus drivers:    murder, assault,  kidnapping,                                                               
indecent  exposure,  and  felony   prostitution.    The  proposed                                                               
legislation would give a 10-year  "look back" for existing school                                                               
bus license  holders and  require a  background check  every five                                                               
years  at  renewal.   It  would  give  [the DMV]  discretion  for                                                               
licensing a  person convicted of  a misdemeanor within  the prior                                                               
two years, if the crime did not involve a child.                                                                                
                                                                                                                                
8:09:54 AM                                                                                                                    
                                                                                                                                
SENATOR MICCICHE  said he  likes the common  sense aspect  of the                                                               
proposed  legislation,  as  well   as  the  focus  on  increasing                                                               
efficiency.   He  asked  the  committee to  think  about a  fleet                                                               
manager  and how  easily he/she  could manage  stock in  a couple                                                               
hours  a year  by using  on  line resources.   He  asked for  the                                                               
committee's support of  CSSB 206(STA), and noted  that there were                                                               
representatives  available from  the  DMV and  the Department  of                                                               
Administration (DOA) to answer questions.                                                                                       
                                                                                                                                
8:10:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES noted that  some people change their e-mail                                                               
addresses frequently.  She asked  if, under CSSB 206(STA), people                                                               
would have the  option of being notified by e-mail  or the United                                                               
States Postal Service (USPS), or if  the DMV would use the e-mail                                                               
option if it had the person's e-mail address.                                                                                   
                                                                                                                                
SENATOR  MICCICHE  responded that  the  purpose  of the  proposed                                                               
legislation was to make it legal  for the DMV to make the change;                                                               
it would not  set up the details for the  department.  He offered                                                               
his understanding that the DMV would  not rely on just one method                                                               
of communication; it  would ensure that people are  notified.  He                                                               
said he  envisions a box that  could be checked to  indicate that                                                               
the individual wants to receive  notifications by e-mail, and the                                                               
person would periodically  go the web site and  update his/her e-                                                               
mail notification.   He said  it would  be similar to  people who                                                               
get mailed  notifications and  notify the DMV  when they  have an                                                               
address change.                                                                                                                 
                                                                                                                                
REPRESENTATIVE HUGHES  said she supports  paperless transactions,                                                               
but  knows that  sometimes spam  filters "catch"  e-mails so  the                                                               
intended recipient  does not see  them.  She indicated  she would                                                               
hear what the DMV's plans would  be.  She explained that she does                                                               
not want people to  have to pay a penalty if  they do not receive                                                               
an e-mail.                                                                                                                      
                                                                                                                                
SENATOR  MICCICHE, in  response to  Vice Chair  Keller, clarified                                                               
that the  language in the  bill relating to  criminal convictions                                                               
relates  solely  to the  licensing  of  school bus  drivers,  but                                                               
Section 8 addresses licensing in general.                                                                                       
                                                                                                                                
8:14:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON said,  "So,  Section 3  starts with  the                                                               
school bus drivers."                                                                                                            
                                                                                                                                
SENATOR MICCICHE said, "Right."                                                                                                 
                                                                                                                                
REPRESENTATIVE ISAACSON  thanked the  bill sponsor  for proposing                                                               
the improvements  under CSSB 206(STA).   He asked him  to confirm                                                               
that under  the proposed legislation, all  actions currently made                                                               
with  the  DMV would  be  available  electronically or  would  be                                                               
omitted.                                                                                                                        
                                                                                                                                
SENATOR MICCICHE  offered his understanding  that none  were left                                                               
out; however, he deferred to the  director of the DMV.  He stated                                                               
his assumption that  there are some documents  that would require                                                               
an applicant to be physically present to sign his/her name.                                                                     
                                                                                                                                
8:15:12 AM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER opened public testimony.                                                                                      
                                                                                                                                
8:15:35 AM                                                                                                                    
                                                                                                                                
BARBARA HUFF  TUCKNESS, Director, Teamsters Local  959, testified                                                               
in support of CSSB 206(STA).   She assured the committee that she                                                               
trusts the  hundreds of school  bus drivers that  Teamsters Local                                                               
959  hires,  because of  the  due  diligence  of the  DMV,  which                                                               
currently    runs    background    checks   on    the    drivers.                                                               
Notwithstanding  that,  she  said Teamsters  Local  959  supports                                                               
"cleaning up  that effort."   She  said she  has spoken  with the                                                               
staff of the  bill sponsor and the director of  the DMV regarding                                                               
language on page 5, lines 1-3, which read as follows:                                                                           
                                                                                                                                
     A person may renew a  license under this section within                                                                    
     one   year   before    its   expiration   upon   proper                                                                    
     application,  payment  of  the required  fee,  and  the                                                                    
     completion of  a background check under  (b)(4) of this                                                                    
     section.                                                                                                                   
                                                                                                                                
8:18:27 AM                                                                                                                    
                                                                                                                                
MS. HUFF TUCKNESS  said this is new language,  and she questioned                                                               
whether the language  needs to be clarified.   She explained that                                                               
the understanding  of Teamsters  Local 959  is that  "the current                                                               
practice  shall  continue  to  apply," which  is:  a  bus  driver                                                               
applies for a  license from the DMV, in  conjunction with his/her                                                               
commercial driver's license (CDL); a  background check is done by                                                               
the State of Alaska once the  bus driver has applied for the job;                                                               
the application is  made directly to the school district  or to a                                                               
contractor with  the school district;  once awarded the  job, the                                                               
bus  driver goes  through the  DMV licensure  process.   Ms. Huff                                                               
Tuckness said  in addition to  the state background  check, there                                                               
is  a  federal  background  check   done;  however,  the  federal                                                               
government  is not  as quick  with  the results.   She  expressed                                                               
concern  with  allowing bus  drivers  to  start work  before  the                                                               
federal  results   are  reported   and  then   terminating  their                                                               
employment  if and  when  the federal  background  check finds  a                                                               
criminal record.  She explained that  it is difficult to hire and                                                               
retain  school  bus  drivers  because  of  the  number  of  hours                                                               
available, the  unusual schedule, and the  nine-month duration of                                                               
the school  term.  She  stated that Teamsters Local  959 supports                                                               
all the  other changes in CSSB  206(STA), but wants to  make sure                                                               
that  an   already  difficult  hiring  process   is  not  further                                                               
complicated.   She added, "Because  if they are awarded  and then                                                               
they  have to  wait  six  months, they're  probably  going to  be                                                               
looking for other employment."                                                                                                  
                                                                                                                                
8:19:36 AM                                                                                                                    
                                                                                                                                
MS.  HUFF  TUCKNESS,  in  response  to  Representative  Isaacson,                                                               
clarified  that under  the  proposed  legislation, a  prospective                                                               
employee would have  to wait until the federal  response had been                                                               
received before being  allowed to go to work.   She said that has                                                               
not been the  practice.  She indicated concern  that the proposed                                                               
legislation may  negatively impact  current practice  of clearing                                                               
someone for hire  through the state background check.   She said,                                                               
"Once they've actually been cleared  through the state background                                                               
check -  and those new provisions  that they will be  checked for                                                               
will be  included in that  - then  they are actually  awarded the                                                               
job,   pending  anything   negative  coming   from  the   federal                                                               
background check.                                                                                                               
                                                                                                                                
8:20:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON  said  he   appreciates  that  Ms.  Huff                                                               
Tuckness wants  to put people to  work and does not  want to lose                                                               
good  drivers; however,  he said  there could  be a  situation in                                                               
which a person who had committed  a type of crime that would make                                                               
him/her unfit to  be a school bus driver would  be hired, because                                                               
the  state's  background check  showed  nothing,  but six  months                                                               
later  the  federal  background check  results  would  show  that                                                               
criminal  background.    He  said  that may  not  be  the  normal                                                               
situation, but on the other hand,  for a person looking for work,                                                               
"that's maybe a good place to  hide, unless the word goes out you                                                               
will be found."                                                                                                                 
                                                                                                                                
8:21:37 AM                                                                                                                    
                                                                                                                                
MS. HUFF  TUCKNESS said  she does  not know how  to speed  up the                                                               
federal process,  which she indicated  she had heard can  take up                                                               
to  six months.   She  deferred  to the  director of  the DMV  to                                                               
answer  questions, but  said the  issue concerns  Teamsters Local                                                               
959.   She said  she thinks  Representative Isaacson's  point was                                                               
well taken.                                                                                                                     
                                                                                                                                
8:22:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS said, "If  you don't know your information,                                                               
you do  the best  with what you  have."  She  said if  someone is                                                               
hired  and  information  comes  in  that  shows  the  person  has                                                               
committed an  offense that warrants firing  him/her, then actions                                                               
are taken  at that point  to dismiss  the person.   She expressed                                                               
her  hope that  Teamsters  Local  959 supports  that  idea.   She                                                               
stated, "I  certainly would  not want to  have a  school district                                                               
not  be  able  to  let  that   employee  go  based  on  that  new                                                               
information that they received."                                                                                                
                                                                                                                                
8:23:08 AM                                                                                                                    
                                                                                                                                
MS. HUFF  TUCKNESS emphasized that  Teamsters Local  959 supports                                                               
the  current  practice  wherein  the  school  district  immediate                                                               
terminates the employment  of a school bus driver  if it receives                                                               
a negative  report from the  federal background check.   She said                                                               
Teamsters  Local 959  respects good  bus drivers  and appreciates                                                               
that they drive with up to  85 children behind them and make sure                                                               
these children make it safely to school.                                                                                        
                                                                                                                                
8:24:22 AM                                                                                                                    
                                                                                                                                
VICE CHAIR  KELLER remarked that  rushing the  federal government                                                               
is not  an option.   He said he  would resist giving  the federal                                                               
government precedence  over what  Alaska does, because  the state                                                               
has  a good  system and  the responsibility  to make  that system                                                               
work.                                                                                                                           
                                                                                                                                
8:25:08 AM                                                                                                                    
                                                                                                                                
AMY  ERICKSON,  Director,  Division   of  Motor  Vehicles  (DMV),                                                               
Department  of   Administration,  said  she  believes   Ms.  Huff                                                               
Tuckness was  correct in her outlining  of the DMV process.   She                                                               
said the DMV accepts the  application, takes a check for [payment                                                               
of] the  background check, and  submits the fingerprints.   There                                                               
is a  review of the  applications, at which time  the fingerprint                                                               
cards are  sent to the  Department of Public Safety  (DPS), which                                                               
takes 30-60 days to  deliver a response back to the  DMV.  If the                                                               
background check comes  back with "anything on  the record," then                                                               
the DMV sends an immediate cancellation.                                                                                        
                                                                                                                                
8:25:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  asked how  much of the  background check                                                               
process of the state mirrors that of the federal government.                                                                    
                                                                                                                                
8:26:11 AM                                                                                                                    
                                                                                                                                
MS. ERICKSON said  she is not certain how they  compare, but said                                                               
the DMV reviews  the results of the state's  background check for                                                               
disqualifying offenses.                                                                                                         
                                                                                                                                
REPRESENTATIVE ISAACSON  noted that  the statute under  which the                                                               
DMV  submits the  applicant's information  is AS  12.62.160.   He                                                               
asked if that information is sent to the Alaska State Troopers.                                                                 
                                                                                                                                
MS.  ERICKSON  confirmed that  the  information  is sent  to  the                                                               
Department of Public Safety.                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  offered his  understanding that  much of                                                               
the  information that  the  [federal]  criminal background  check                                                               
would cover  may also be covered  in a more expedited  way by the                                                               
Alaska State  Troopers.  He added  that there are some  gaps, but                                                               
there is a lot of overlap.                                                                                                      
                                                                                                                                
VICE CHAIR  KELLER said  that is  a question  that would  be left                                                               
unsatisfactorily  answered   in  order   to  move   the  proposed                                                               
legislation.   He indicated  that he  was comfortable  with that,                                                               
because  there has  been  "no  indication of  a  problem in  this                                                               
area."                                                                                                                          
                                                                                                                                
8:27:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES asked  Ms. Erickson to outline  how the DMV                                                               
would handle the electronic method proposed under CSSB 206(STA).                                                                
                                                                                                                                
MS.  ERICKSON  answered that  the  DMV  envisions that  customers                                                               
would be  able to  opt in [to  electronic communication],  and if                                                               
they do not,  the division would continue to send  notices out by                                                               
mail.   She  said  under statute,  everyone  must update  his/her                                                               
address when it changes, and it  is a good question as to whether                                                               
the DMV should  have the same requirement for  those using e-mail                                                               
addresses.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HUGHES  said  she  thinks  an  update  on  e-mail                                                               
addresses may  be more  important sometimes than  an update  on a                                                               
physical address.                                                                                                               
                                                                                                                                
8:28:40 AM                                                                                                                    
                                                                                                                                
VICE CHAIR  KELLER noted that  Chair Lynn had joined  the meeting                                                               
and had  indicated to him he  would like him to  continue leading                                                               
the discussion.                                                                                                                 
                                                                                                                                
8:28:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS said from  a customer standpoint, she would                                                               
like to access all her vehicle information on line.                                                                             
                                                                                                                                
8:29:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ISAACSON  commended   the  department   for  the                                                               
offerings it has already put in  place on line, and he emphasized                                                               
how much time is saved by doing business with the DMV on line.                                                                  
                                                                                                                                
8:30:31 AM                                                                                                                    
                                                                                                                                
MS. ERICKSON said the DMV is  excited, because it has "borrowed a                                                               
web master" from DOA to "spruce up  our web site and make it even                                                               
easier for customers."                                                                                                          
                                                                                                                                
8:30:44 AM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER closed public testimony.                                                                                      
                                                                                                                                
8:31:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS opined  that CSSB  206(STA) is  a clean-up                                                               
bill that  should have been  passed years ago, and  she expressed                                                               
appreciation for "where DMV is going with this."                                                                                
                                                                                                                                
8:31:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  moved  to  report CSSB  206(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  206(STA)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     

Document Name Date/Time Subjects
01 SJR 26 Resolution.pdf HSTA 4/15/2014 8:00:00 AM
SJR 26
02 SJR 26 - Sponsor Statement.pdf HSTA 4/15/2014 8:00:00 AM
SJR 26
03 SJR 26 - Supporting Document.pdf HSTA 4/15/2014 8:00:00 AM
SJR 26
04 SJR 26 - Fiscal Note.pdf HSTA 4/15/2014 8:00:00 AM
SJR 26
01 HB0356A.pdf HSTA 4/15/2014 8:00:00 AM
HB 356
02 HB356 sponsor statement.pdf HSTA 4/15/2014 8:00:00 AM
HB 356
03 HB356 Background Materials.pdf HSTA 4/15/2014 8:00:00 AM
HB 356
04 HB356 Mayo Clinic vitamin D for health a global perspective.pdf HSTA 4/15/2014 8:00:00 AM
HB 356
05 HB356 Cost Savings per year with vitamin D.pdf HSTA 4/15/2014 8:00:00 AM
HB 356
06 HB356 Support KPBSD.pdf HSTA 4/15/2014 8:00:00 AM
HB 356
07 HB356-DOA-DRB-03-14-14.pdf HSTA 4/15/2014 8:00:00 AM
HB 356
01 SB 206 STA CS Version C.pdf HSTA 4/15/2014 8:00:00 AM
SB 206
02 SB 206 Sponsor Statement.pdf HSTA 4/15/2014 8:00:00 AM
SB 206
03 CS SB 206 Sectional.pdf HSTA 4/15/2014 8:00:00 AM
SB 206
04 CS SB 206 explanation of amendments.pdf HSTA 4/15/2014 8:00:00 AM
SB 206
05 Fiscal Note CSSB206.pdf HSTA 4/15/2014 8:00:00 AM
SB 206