Legislature(2005 - 2006)SENATE FINANCE 532

05/08/2006 01:00 PM FINANCE


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01:31:55 PM Start
01:32:23 PM HB109
01:56:31 PM HB190
02:10:15 PM Rfp 432 Executive Session
02:27:11 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+ HB 109 SCREENING NEWBORN FOR HEARING/AUDIOLOGIST TELECONFERENCED
Moved SCS CSHB 109(FIN) Out of Committee
Testimony by Invitation Only
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL
Moved SCS CSHB 190(FIN) Out of Committee
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 190(JUD)                                                                               
     "An Act relating to the  purchase of alcoholic beverages and                                                               
     to access to licensed  premises; relating to civil liability                                                               
     for certain  persons accessing licensed  premises; requiring                                                               
     driver's licenses  and identification cards to  be marked if                                                               
     a person  is restricted  from consuming  alcoholic beverages                                                               
     as a  result of  a conviction or  condition of  probation or                                                               
     parole  and relating  to fees  for the  marked license;  and                                                               
     requiring  the   surrender  and  cancellation   of  driver's                                                               
     licenses under certain circumstances."                                                                                     
                                                                                                                                
                                                                                                                                
This was the  second hearing for this bill in  the Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Green  noted that  following the  first hearing  on this                                                               
bill,  several Committee  members discussed  their concerns  with                                                               
Duane  Bannock,  Director,  Division  of  Motor  Vehicles  (DMV),                                                               
Department of  Administration. To that  point, she asked  how the                                                               
remedies to the concerns would be presented.                                                                                    
                                                                                                                                
Senator Bunde  expressed he would be  offering several amendments                                                               
for Committee consideration.                                                                                                    
                                                                                                                                
Co-Chair  Green clarified  that SCS  CS HB  190(JUD) Version  24-                                                               
LS0617\U was before the Committee.                                                                                              
                                                                                                                                
1:56:31 PM                                                                                                                    
                                                                                                                                
PAUL LABOLLE, Staff to Representative  Richard Foster, the bill's                                                               
sponsor,  informed  the Committee  the  sponsor  worked with  Mr.                                                               
Bannock  to resolve  several technical  issues. The  issues could                                                               
either  be addressed  via the  amendment process  or through  the                                                               
adoption  of a  committee substitute  [copy not  provided], which                                                               
incorporated the amendments.                                                                                                    
                                                                                                                                
Co-Chair Green preferred the amendment process.                                                                                 
                                                                                                                                
Amendment #1:  This amendment inserts  new language in  Sec. 2(a)                                                               
page 2, line 11 following "jurisdiction" as follows.                                                                            
                                                                                                                                
     The privilege to purchase  alcoholic beverages is restricted                                                               
     during the  period that  the person  is required  to refrain                                                               
     from  consuming alcoholic  beverages under  the sentence  or                                                               
     condition of probation or parole.                                                                                          
                                                                                                                                
In  addition, new  language is  inserted following  "section." in                                                               
Sec. 4(h) page 2 line 29 as follows.                                                                                            
                                                                                                                                
     A cancellation under this subsection remains in effect only                                                                
     during the period of time that the privilege to purchase                                                                   
     alcoholic beverages is restricted under AS 04.16.160.                                                                      
                                                                                                                                
Furthermore, this  amendment deletes  "has been" and  replaces it                                                               
with "is"  in Sec. 4(i)  page 2 line 31  and Sec. 6(a)(5)  page 4                                                               
line 1.                                                                                                                         
                                                                                                                                
The   amendment  also   inserts   new   language  following   "AS                                                               
28.15.111." in Sec. 4(i) page 3 line 1 as follows.                                                                              
                                                                                                                                
     A person who has received a marked identification card                                                                     
     under this subsection may apply for an unmarked card when                                                                  
     the period of restriction under AS 04.16.160 has expired.                                                                  
                                                                                                                                
Finally,   this   amendment   inserts  language   following   "AS                                                               
28.15.111" in Sec. 6(a)(5) page 4 line 4 as follows.                                                                            
                                                                                                                                
     if the period of restriction under AS 04.16.160 is still in                                                                
     effect                                                                                                                     
                                                                                                                                
Senator Bunde moved Amendment #1 and objected for explanation.                                                                  
                                                                                                                                
Mr. LaBolle stated  Amendment #1 would address the  timing of the                                                               
revocation of driver's licenses in  that a license would be "only                                                               
cancelled  for   the  duration  for  which   the  prohibition  on                                                               
consumption"  was  issued.  Upon   conclusion  of  that  time,  a                                                               
person's driver's  license would be revalidated,  had the license                                                               
not been "surrendered to the Court".                                                                                            
                                                                                                                                
Co-Chair Green asked whether the  entirety of sections referenced                                                               
in  the  amendment pertained  to  the  revocation period  of  the                                                               
driver's license.                                                                                                               
                                                                                                                                
Mr. LaBolle affirmed; the exception  being the replacement of the                                                               
term "has been" with "is" for grammatical correctness.                                                                          
                                                                                                                                
Senator Bunde removed his objection.                                                                                            
                                                                                                                                
There being no further objection, Amendment #1 was ADOPTED.                                                                     
                                                                                                                                
1:59:14 PM                                                                                                                    
                                                                                                                                
Amendment  #2:  This  amendment  deletes  "law  or  ordinance  of                                                               
another jurisdiction" and replaces  it with "municipal ordinance"                                                               
in three areas of  the bill: Sec. 2(a) page 2,  line 9; Sec. 2(a)                                                               
page 2, line 11; and Sec. 7(g) page 4 line 8.                                                                                   
                                                                                                                                
In addition  the amendment  deletes ",  laws, or  ordinances" and                                                               
replaces it with "or a  similar municipal ordinance" in Sec. 7(g)                                                               
page 4 line 9.                                                                                                                  
                                                                                                                                
Senator Bunde moved Amendment #2 and objected for explanation.                                                                  
                                                                                                                                
Mr. LaBolle  explained the  amendment would  serve to  "limit the                                                               
[jurisdictional] scope to other  municipal ordinances rather than                                                               
all laws and ordinances of a similar nature".                                                                                   
                                                                                                                                
Senator Bunde removed his objection.                                                                                            
                                                                                                                                
Without further objection, Amendment #2 was ADOPTED.                                                                            
                                                                                                                                
2:00:08 PM                                                                                                                    
                                                                                                                                
Amendment  #3:   This  amendment  deletes  ""ROC""   and  inserts                                                               
""COAR"" in Sec. 5(a) page 3, line 18.                                                                                          
                                                                                                                                
In addition, the amendment deletes  ""ROC" is an abbreviation for                                                               
"restriction on  consumption"." and  replaces it with  ""COAR" is                                                               
an  abbreviation for  "court  ordered  alcohol restriction"."  in                                                               
Sec. 5(a) page 3 line 23.                                                                                                       
                                                                                                                                
Senator Bunde moved amendment #3 and objected for explanation.                                                                  
                                                                                                                                
Mr. LaBolle explained this amendment  would change the applicable                                                               
markings on a driver's license  or State identification card from                                                               
"ROC"  (restriction  on  consumption) to  "COAR"  (court  ordered                                                               
alcohol restriction).                                                                                                           
                                                                                                                                
Senator Bunde removed his objection.                                                                                            
                                                                                                                                
There being no further objection, Amendment #3 was ADOPTED.                                                                     
                                                                                                                                
2:00:58 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilken understood Mr.  LaBolle had recently communicated                                                               
with Mr. Bannock.                                                                                                               
                                                                                                                                
Mr. Bannock affirmed.                                                                                                           
                                                                                                                                
Co-Chair Wilken  asked how Mr.  Bannock "would  characterize that                                                               
conversation".                                                                                                                  
                                                                                                                                
Mr.  LaBolle  stated  the  conversation  was  "probably  somewhat                                                               
uncomfortable for both of us".                                                                                                  
                                                                                                                                
Co-Chair Wilken asked whether Mr.  Bannock might be available via                                                               
teleconference,  as   he  had  expressed   "significant  concerns                                                               
yesterday".                                                                                                                     
                                                                                                                                
Co-Chair  Green communicated  that Mr.  Bannock was  unavailable.                                                               
However, Carrie Hennings with DMV was available for questions.                                                                  
                                                                                                                                
AT EASE 2:01:45 PM / 2:03:14 PM                                                                                             
                                                                                                                                
Co-Chair  Wilken asked  to  hear DMV's  position  on the  amended                                                               
bill.                                                                                                                           
                                                                                                                                
Co-Chair  Green communicated  that Mr.  Bannock's assistant,  Ms.                                                               
Hennings could testify on behalf of DMV.                                                                                        
                                                                                                                                
2:03:34 PM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken understood  Mr. Bannock  had been  unhappy about                                                               
the conversation he  recently had with Mr. LaBolle,  as he deemed                                                               
it "rude" and "intrusive".                                                                                                      
                                                                                                                                
Co-Chair Wilken declared  that Mr. Bannock or  any State director                                                               
should be  able to present  their opinion  at any time,  and when                                                               
such a person identifies a problem, "we should pay attention".                                                                  
                                                                                                                                
Co-Chair   Wilken  was   sorry  that   this  "not   insignificant                                                               
legislation"  was being  addressed this  late in  the Legislative                                                               
session.                                                                                                                        
                                                                                                                                
2:04:39 PM                                                                                                                    
                                                                                                                                
CARRIE  HENNINGS, Manager,  Driver Licensing,  Division of  Motor                                                               
Vehicles,   Department    of   Administration,    testified   via                                                               
teleconference from an offnet location.  Mr. Bannock was in court                                                               
and therefore  was unavailable to  testify before  the Committee;                                                               
however, he asked  her to communicate that  "the technical issues                                                               
specific to  DMV implementation of  this bill have  been resolved                                                               
and  we  have  no  further  objection on  any  of  the  technical                                                               
issues".                                                                                                                        
                                                                                                                                
Co-Chair Wilken asked  whether DMV had any other  issues with the                                                               
bill.                                                                                                                           
                                                                                                                                
Ms. Hennings responded in the negative.                                                                                         
                                                                                                                                
Senator  Stedman asked  for confirmation  the  Department was  in                                                               
support of the bill.                                                                                                            
                                                                                                                                
Co-Chair  Green understood  the issues  raised by  the Department                                                               
were  addressed.   However,  "philosophical   differences"  might                                                               
exist.                                                                                                                          
                                                                                                                                
2:05:53 PM                                                                                                                    
                                                                                                                                
DUANE BANNOCK,  Director, Division of Motor  Vehicles, Department                                                               
of Administration,  testified via  teleconference from  Kenai, as                                                               
the  court  proceedings  had ended.  He  affirmed  Ms.  Hennings'                                                               
remarks   and  agreed   "100  percent"   with  Co-Chair   Green's                                                               
"assessment" of the situation.                                                                                                  
                                                                                                                                
2:06:45 PM                                                                                                                    
                                                                                                                                
Senator  Bunde  communicated that  he  was  "very interested  and                                                               
concerned about  the technical  aspects" of  issues:   "policy or                                                               
philosophical   discussions"   should   be   addressed   by   the                                                               
Legislature rather than by "the bureaucracy".                                                                                   
                                                                                                                                
Senator  Bunde  moved  to  report  the  bill,  as  amended,  from                                                               
Committee  with   individual  recommendations   and  accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
Co-Chair Wilken objected.                                                                                                       
                                                                                                                                
2:07:19 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilken  suggested the bill could  be reintroduced during                                                               
the next Legislative session, as, while  it might be a good bill,                                                               
more  work on  it is  required. "For  a number  of reasons",  not                                                               
everybody is "on board" with the bill at this time.                                                                             
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN  FAVOR: Senator  Hoffman, Senator  Olson,  Senator Bunde,  and                                                               
Senator Dyson                                                                                                                   
                                                                                                                                
OPPOSED: Senator Stedman, Co-Chair Wilken, and Co-Chair Green                                                                   
                                                                                                                                
The motion PASSED (4-3)                                                                                                         
                                                                                                                                
The motion to report the bill from Committee PASSED.                                                                            
                                                                                                                                
SCS CS HB 190(FIN) was  REPORTED from Committee with two previous                                                               
fiscal notes:  zero fiscal  note #2 dated  February 8,  2006 from                                                               
the Office  of Public Advocacy, Department  of Administration and                                                               
indeterminate fiscal  note #3,  dated February  9, 2006  from the                                                               
Division of Motor Vehicles, Department of Administration.                                                                       
                                                                                                                                

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