Legislature(2013 - 2014)BUTROVICH 205

03/20/2014 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 20 MEDICAL DEVICE TAX TELECONFERENCED
Moved HJR 20 Out of Committee
+ HB 262 PROCUREMENT EXEMPTION: PDA, OPA TELECONFERENCED
Moved HB 262 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 206 VEHICLE REGIS/LICENSING/ACCIDENT REPORTS
Heard & Held
        SB 206-VEHICLE REGIS/LICENSING/ACCIDENT REPORTS                                                                     
                                                                                                                                
9:21:40 AM                                                                                                                    
CHAIR DYSON announced the consideration of SB 206.                                                                              
                                                                                                                                
9:21:45 AM                                                                                                                    
SENATOR  GIESSEL  moved that  the  CS  for  SB 206,  version  28-                                                               
LS1531\U, be adopted as the committee's working document.                                                                       
                                                                                                                                
CHAIR DYSON asked if there is an objection.                                                                                     
                                                                                                                                
SENATOR COGHILL objected for discussion purposes.                                                                               
                                                                                                                                
9:22:17 AM                                                                                                                    
SENATOR  PETER   MICCICHE,  Alaska  State   Legislature,  Juneau,                                                               
Alaska, SB 206 sponsor.                                                                                                         
                                                                                                                                
9:22:20 AM                                                                                                                    
LARRY   SEMMENS,   Staff,    Senator   Micciche,   Alaska   State                                                               
Legislature, Juneau, Alaska.                                                                                                    
                                                                                                                                
SENATOR MICCICHE said in response  to previous discussions at the                                                               
last meeting, changes  were made and Mr. Semmens  will review the                                                               
CS.                                                                                                                             
                                                                                                                                
MR. SEMMENS reviewed the CS as follows:                                                                                         
                                                                                                                                
     Page  3,   line  25,   we  changed   the  unconditional                                                                    
     discharge language to conviction.                                                                                          
                                                                                                                                
     On page  4, section 7, line  31, this is a  new section                                                                    
     that  a  license  issued  under  this  section  expires                                                                    
     unless renewed within five years  after the date of its                                                                    
     issuance,  that is  to allow  the department  to review                                                                    
     current  applicants or  current holders  of school  bus                                                                    
     driver  licenses;  currently   that  license  does  not                                                                    
     expire, once  it is  obtained it  stays, so  this would                                                                    
     give the  department an opportunity to  review those at                                                                    
     least every five years.                                                                                                    
                                                                                                                                
     Section J, page  5, line 5, this is a  new section that                                                                    
     requires the holder  of a school bus  driver license to                                                                    
     self-report in the event that  they are convicted under                                                                    
     any of these sections.                                                                                                     
                                                                                                                                
     Section K,  page 5, line  8, this gives  the department                                                                    
     discretion in  situations where persons convicted  of a                                                                    
     misdemeanor, but if the misdemeanor  does not involve a                                                                    
     child, it gives the  department discretion to grant the                                                                    
     license.                                                                                                                   
                                                                                                                                
9:24:26 AM                                                                                                                    
SENATOR COGHILL asked for the  Alaska Department of Law (ADOL) to                                                               
address applicability issues.                                                                                                   
                                                                                                                                
SENATOR MICCICHE replied  that Amy Erickson from  the Division of                                                               
Motor Vehicles  (DMV) and Anne  Carpeneti from ADOL  will address                                                               
applicability.                                                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI asked  for  an explanation  on the  changes                                                               
made in section 7, page 4, line 31.                                                                                             
                                                                                                                                
SENATOR MICCICHE responded that licensing  does not expire in the                                                               
current  statute.  He  explained  that  the  change  provides  an                                                               
expiration and allows DMV to review a driver's background.                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  asked if the  change means  a reapplication                                                               
for a license requires an individual to get another eye exam.                                                                   
                                                                                                                                
SENATOR COGHILL  specified that the section  in question pertains                                                               
to page  4, subsection I.  He noted  that he agrees  with Senator                                                               
Wielechowski's inquiry regarding the  requirement for renewal and                                                               
an eye exam.                                                                                                                    
                                                                                                                                
9:27:05 AM                                                                                                                    
AMY ERICKSON, Director, Division  of Motor Vehicles (DMV), Alaska                                                               
Department  of Administration,  Anchorage, Alaska,  answered that                                                               
having  a  five year  renewal  allows  DMV to  review  background                                                               
checks to determine disqualification if  SB 206 passes. She noted                                                               
that  DMV  does not  store  background  records. She  added  that                                                               
finger prints  are forwarded to  the Department of  Public Safety                                                               
and all  background records are  destroyed. She pointed  out that                                                               
DMV  has  no  way  of  going   back  to  review  School  Bus  "S"                                                               
endorsements to determine disqualification if SB 206 passes.                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  to  verify  that  the  change  only                                                               
applies to people who have bus driver licenses.                                                                                 
                                                                                                                                
MS. ERICKSON answered correct.                                                                                                  
                                                                                                                                
SENATOR MICCICHE  added that the  entire section only  relates to                                                               
bus driver licenses.                                                                                                            
                                                                                                                                
CHAIR  DYSON confirmed  that the  section applies  to school  bus                                                               
drivers and not tour, city, or senior citizen bus drivers.                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI asked  if a person has to pay  for their eye                                                               
exam or background check.                                                                                                       
                                                                                                                                
MS. ERICKSON replied yes.                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI asked what the fees are.                                                                                   
                                                                                                                                
MS. ERICKSON  replied that fees  will range between $10  and $50.                                                               
She added that DMV does not charge for eye exams.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked  if SB 206 has a zero  fiscal note and                                                               
will DMV incur any charges.                                                                                                     
                                                                                                                                
MS. ERICKSON replied that DMV does not incur any charges.                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  asked to  clarify that  DMV does  not incur                                                               
charges in the entire bill.                                                                                                     
                                                                                                                                
MS. ERICKSON  answered that  the bill will  allow DMV  to realize                                                               
savings from online transactions.                                                                                               
                                                                                                                                
CHAIR DYSON  asked if  a mechanism  exists in  the state  where a                                                               
licensing  agency   is  notified   when  an  individual   with  a                                                               
professional  license   is  convicted  of  a   crime  that  would                                                               
disqualify them.                                                                                                                
                                                                                                                                
9:30:07 AM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
State  of  Alaska  Department  of  Law  (ADOL),  Juneau,  Alaska,                                                               
replied that  she did  not know. She  addressed a  situation with                                                               
licensed  lawyers  and  surmised  that  a  mechanism  for  agency                                                               
notification must be in place.                                                                                                  
                                                                                                                                
CHAIR  DYSON added  that  there must  be  an agency  notification                                                               
process for doctors as well.                                                                                                    
                                                                                                                                
MS.  CARPENETI  offered that  she  would  have  to check  on  the                                                               
notification process and get back to the committee.                                                                             
                                                                                                                                
CHAIR DYSON  remarked that he  believes there is  no notification                                                               
process.                                                                                                                        
                                                                                                                                
MS. CARPENETI noted that she did  not recall, but she may have to                                                               
submit  a  disclosure statement  when  paying  her annual  lawyer                                                               
dues.                                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI addressed page 4,  line 31 and asked how bus                                                               
drivers in  rural Alaska  will be  impacted if  they do  not have                                                               
access to a local DMV office.                                                                                                   
                                                                                                                                
MS. ERICKSON replied that she does  not know where the bus driver                                                               
licensees  reside. She  said she  will  have to  see if  licensee                                                               
locations can be determined.                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI noted that  Senator Olson or Senator Hoffman                                                               
will ask about the bill's impact on rural Alaska.                                                                               
                                                                                                                                
SENATOR COGHILL suggested asking  the Anchorage-DMV on the bill's                                                               
effect on rural Alaska.                                                                                                         
                                                                                                                                
SENATOR MICCICHE  stated that there  currently is no way  to look                                                               
back  once someone  has a  school  bus endorsement  to address  a                                                               
prior conviction. He said SB 206 will allow the following:                                                                      
                                                                                                                                
     At least what this bill does  is the longest you can go                                                                    
     is  five years  without  someone  having knowledge,  if                                                                    
     this  were to  pass, without  someone having  knowledge                                                                    
     that you are someone that would be a risk to children.                                                                     
                                                                                                                                
CHAIR DYSON  offered that SB  206 may  not solve the  more global                                                               
problem, but may make an improvement.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  asked how SB  206 will impact  rural Alaska                                                               
if  an  eye  exam  and  background  check  is  required  when  an                                                               
individual does not have access to a DMV office.                                                                                
                                                                                                                                
9:33:27 AM                                                                                                                    
JOANNE  OLSEN, Operations  Manager, Division  of Motor  Vehicles,                                                               
Alaska Department  of Administration, Anchorage,  Alaska, replied                                                               
that DMV  does accept  eye exams  from physicians  to accommodate                                                               
people in rural areas.                                                                                                          
                                                                                                                                
SENATOR GIESSEL  addressed Chair  Dyson's question  pertaining to                                                               
self-disclosure  in other  professions.  She  noted that  medical                                                               
professionals have a biennial application that requires self-                                                                   
disclosure which may result in a judgment against one's license.                                                                
                                                                                                                                
SENATOR COGHILL  noted that  "unconditional discharge"  was taken                                                               
out  of  section  4,  pages  3   and  4.  He  asked  if  removing                                                               
"unconditional  discharge" and  leaving the  applicant's date  of                                                               
first  conviction  was a  good  moment  in  history to  make  the                                                               
judgment call on.                                                                                                               
                                                                                                                                
MS. CARPENETI replied  that date of conviction  should be defined                                                               
because the date  of conviction can be several  things under law.                                                               
She offered that date of conviction  could be the date of finding                                                               
of guilt  in a jury  trial or it could  be the date  the sentence                                                               
was  imposed. She  set  forth  that the  date  of conviction  was                                                               
generally  defined  as the  date  the  sentence is  imposed.  She                                                               
continued as follows:                                                                                                           
                                                                                                                                
     You can  make that as  a statement of your  intent here                                                                    
     in this committee  that that is what  you are intending                                                                    
     that  date   to  be,  or  you   could,  maybe  possibly                                                                    
     considering down  the line, writing that  down what the                                                                    
     conviction  means  in  this  context.  For  example  in                                                                    
     theft,  your  third theft  conviction  in  a five  year                                                                    
     period is  a one  jump up from  what it  would normally                                                                    
     be.  In Title  11 we  say  the date  of conviction  for                                                                    
     purposes of  these statutes is  the date  that sentence                                                                    
     was imposed.                                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI addressed the  applicability section on page                                                               
7.  He  asked  if  there   were  constitutional  implications  by                                                               
applying the  changes to offenses committed  before the effective                                                               
date.                                                                                                                           
                                                                                                                                
9:36:30 AM                                                                                                                    
MS. CARPENETI  answered that  she does not  think so  because the                                                               
statutes promote  the health  and safety  of children.  She noted                                                               
that   Senator   Wielechowski's   question   was   good   because                                                               
constitutional issues will arise in terms of ex post facto.                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI inquired if the  U.S. Supreme Court said you                                                               
could go  back and require  sex offenders to register  before the                                                               
date the law passed.                                                                                                            
                                                                                                                                
MS. CARPENETI  answered that  the U.S.  Supreme Court  ruled that                                                               
registering  prior to  the date  a  law passes  was allowed.  She                                                               
countered that  the Alaska Supreme Court  stated that registering                                                               
prior  to a  law going  into effect  was a  violation of  ex post                                                               
facto and the state does not go back before 1994.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked if the same applies to SB 206.                                                                       
                                                                                                                                
MS. CARPENETI answered that she  did not think so because dealing                                                               
with school bus drivers was in the interest of child safety.                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  DMV  about  the  practicability  of                                                               
applying section 7 and the impact on 1000 bus drivers.                                                                          
                                                                                                                                
MS.  ERICKSON replied  that  DMV  would need  to  run a  computer                                                               
search to identify "S" endorsements.  She said DMV would create a                                                               
process  to notify  licensees that  endorsements will  expire and                                                               
the requirements for renewal.                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI asked  if there is a fiscal  note to address                                                               
what Ms. Erickson described.                                                                                                    
                                                                                                                                
MS. ERICKSON  replied that  because SB 206  was not  adopted, she                                                               
did not look deeper and does not currently have an answer.                                                                      
                                                                                                                                
SENATOR  COGHILL  asked  Ms.  Carpeneti   to  address  the  self-                                                               
reporting applicability in section 7, subsection J.                                                                             
                                                                                                                                
MS.  CARPENETI surmised  that  the section  appears  to refer  to                                                               
convictions in  the future due to  having a timeline for  30 days                                                               
from the date of conviction. She explained as follows:                                                                          
                                                                                                                                
     You can't  expect somebody  to report  that if  the law                                                                    
     was  now in  effect  at  the time  30  days after  that                                                                    
     person's  conviction.  I  think this  was  intended  to                                                                    
     apply to convictions in the future.                                                                                        
                                                                                                                                
9:39:56 AM                                                                                                                    
SENATOR COGHILL replied as follows:                                                                                             
                                                                                                                                
     I  took  that  the  same  way  too  until  I  read  the                                                                    
     applicability section  that says on, before,  or after.                                                                    
     So then,  certainly I think  probably would be  quite a                                                                    
     cleanup  thing if  anybody  had  any convictions  under                                                                    
     some of these new laws, they  would now have to know it                                                                    
     and report it.                                                                                                             
                                                                                                                                
He asked if his previous statement was true.                                                                                    
                                                                                                                                
MS. CARPENETI answered yes.                                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI asked  what would  happen if  a bus  driver                                                               
with 30  years of experience  reports something from 31  years in                                                               
the  past. He  inquired  if the  bus driver  would  be fired  for                                                               
something that occurred prior to being a bus driver.                                                                            
                                                                                                                                
MS.  ERICKSON replied  that DMV  would  be able  to cancel  their                                                               
license.                                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if DMV  would  "be able  to" or  "be                                                               
required to."                                                                                                                   
                                                                                                                                
MS. ERICKSON responded that DMV would "be required to."                                                                         
                                                                                                                                
SENATOR COGHILL remarked that the look-back is indefinite.                                                                      
                                                                                                                                
CHAIR DYSON asked  Ms. Carpeneti to explain  her previous comment                                                               
where the committee might want to put in its intent.                                                                            
                                                                                                                                
MS. CARPENETI replied as follows:                                                                                               
                                                                                                                                
     In terms  of your  intent, in subsection  J on  page 5,                                                                    
     line  5,  the  30   day  requirement  for  reporting  a                                                                    
     conviction  would be,  I am  assuming, for  convictions                                                                    
     that  are happening  after the  effective  date of  the                                                                    
     act, but  it is  important that whatever  intention you                                                                    
     have, it  is on the  record and  or even better  in the                                                                    
     legislation.                                                                                                               
                                                                                                                                
9:42:09 AM                                                                                                                    
SENATOR COGHILL addressed  pages 3 and 4, line 25.  He noted that                                                               
the "day  of conviction"  replaced "unconditional  discharge." He                                                               
detailed that a conviction would  be either sentencing or the day                                                               
of  conviction.  He set  forth  that  judgment of  conviction  is                                                               
reasonable,  but noted  that sentencing  really  tells the  whole                                                               
story  if there  are mitigating  factors. He  said the  committee                                                               
needs to decide on conviction  upon sentencing or judgment before                                                               
sentencing.                                                                                                                     
                                                                                                                                
MS.  CARPENETI replied  that Senator  Coghill's statement  is the                                                               
reason why  the date of  sentencing is  the one chosen  for look-                                                               
backs. She asserted that a date  of sentencing is the moment when                                                               
an individual undergoes a program for society.                                                                                  
                                                                                                                                
CHAIR DYSON stated  that no matter what happens  in a sentencing,                                                               
the conviction has  already happened. He added  that a conviction                                                               
does not  get bargained down  to a  lesser offense. He  asked why                                                               
the sentencing date would be more significant.                                                                                  
                                                                                                                                
MS. CARPENETI  replied that the  date of sentencing  is generally                                                               
used for look-backs similar to the one proposed in SB 206.                                                                      
                                                                                                                                
9:44:48 AM                                                                                                                    
CHAIR DYSON commented  that using the conviction  date allows for                                                               
a look-back that  goes further back. He said  sentencing is often                                                               
weeks or months after a conviction.                                                                                             
                                                                                                                                
MS.  CARPENETI remarked  that the  offenses  being addressed  are                                                               
misdemeanors. She  asserted that  sentencing is often  not months                                                               
afterwards  and   occurs  much   closer  to   the  time   of  the                                                               
determination of guilt.                                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  addressed page  3, section  4, lines  9 and                                                               
10. He noted a possible scenario  where a bus driver is fired due                                                               
to a  delinquency of minor charge  that occurred 30 years  in the                                                               
past.                                                                                                                           
                                                                                                                                
9:46:12 AM                                                                                                                    
SENATOR MICCICHE  replied that the  section referred to is  not a                                                               
change and is currently in the law.                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI  said  he  believes the  law  is  a  little                                                               
extreme. He  asserted that a  school bus  driver can be  fired if                                                               
convicted 10 to 30 years in the past.                                                                                           
                                                                                                                                
SENATOR  MICCICHE stated  that he  would be  willing to  bring it                                                               
down to  the misdemeanor section,  but insisted that  the section                                                               
in the bill is applicable.                                                                                                      
                                                                                                                                
9:46:49 AM                                                                                                                    
CHAIR DYSON declared that the committee will stand at ease.                                                                     
                                                                                                                                
9:57:28 AM                                                                                                                    
CHAIR  DYSON called  the committee  back to  order. He  announced                                                               
that SB  206 will  be held  in committee and  heard again  at the                                                               
next committee meeting.                                                                                                         
                                                                                                                                
9:57:50 AM                                                                                                                    
CHAIR DYSON declared an initial adjournment.                                                                                    
                                                                                                                                
9:57:59 AM                                                                                                                    
CHAIR  DYSON called  the committee  back to  order and  announced                                                               
that public testimony [for SB 206] is closed.                                                                                   

Document Name Date/Time Subjects
HJR 020 - SPONSOR STATEMENT.pdf SSTA 3/20/2014 9:00:00 AM
HJR 20
HJR 020 - Ver U.pdf SSTA 3/20/2014 9:00:00 AM
HJR 20
HJR 020 - Fiscal Note.pdf SSTA 3/20/2014 9:00:00 AM
HJR 20
HJR 020 - SUPPORTING DOCUMENT Legislative Research Report HJR20 2013-12-27.pdf SSTA 3/20/2014 9:00:00 AM
HJR 20
HJR 020 - SUPPORTING DOCUMENT ARTICLE re-thousands of jobs lost.pdf SSTA 3/20/2014 9:00:00 AM
HJR 20
HB 262 Sponsor Statement.pdf SSTA 3/20/2014 9:00:00 AM
HB 262
HB 262 - Legislation.pdf SSTA 3/20/2014 9:00:00 AM
HB 262
HB 262 Sectional Analyses.pdf SSTA 3/20/2014 9:00:00 AM
HB 262
HB 262- FN 1.pdf SSTA 3/20/2014 9:00:00 AM
HB 262
HB 262 DOA Audit Response.pdf SSTA 3/20/2014 9:00:00 AM
HB 262
SB 206 - Sponsor Statement.pdf SSTA 3/18/2014 9:00:00 AM
SSTA 3/20/2014 9:00:00 AM
SSTA 3/25/2014 9:00:00 AM
SB 206
SB 206 - Legislation Version A.pdf SSTA 3/18/2014 9:00:00 AM
SSTA 3/20/2014 9:00:00 AM
SSTA 3/25/2014 9:00:00 AM
SB 206
SB 206 - Sectional Analysis.pdf SSTA 3/18/2014 9:00:00 AM
SSTA 3/20/2014 9:00:00 AM
SSTA 3/25/2014 9:00:00 AM
SB 206
SB206-DOA-DMV-03-14-14.pdf SSTA 3/18/2014 9:00:00 AM
SSTA 3/20/2014 9:00:00 AM
SSTA 3/25/2014 9:00:00 AM
SB 206
SB 206 Ver. A Offenses.pdf SSTA 3/20/2014 9:00:00 AM
SB 206