Legislature(2007 - 2008)BELTZ 211

05/10/2007 09:00 AM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
<Above Item Removed from Agenda>
Moved CSSB 151(HES) Out of Committee
Moved HB 132 Out of Committee
Moved CSHB 159(JUD) Out of Committee
Moved CSHB 75(STA) Out of Committee
Moved SCS CSHB 184(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
    CSHB 184(FIN) - MOTOR VEHICLES-LICENSE/INSURANCE/IMPOUND                                                                
10:09:11 AM                                                                                                                   
CHAIR MCGUIRE announced the consideration  of HB 184. [Before the                                                               
committee was CSHB 184(FIN).]                                                                                                   
REPRESENTATIVE BOB  ROSES, Alaska  State Legislature,  sponsor of                                                               
HB 184, introduced his staff and others that worked on the bill.                                                                
JOSH APPLEBEE, staff to Representative  Roses, said HB 184 brings                                                               
the "Support  Our Troops" commemorative license  plate to Alaska.                                                               
The plate  has an additional  fee attached that is  collected and                                                               
then  may  be appropriated  by  the  legislature to  Support  our                                                               
Troops  (SOT)  for  redistribution  in Alaska.  SOT  Inc.,  would                                                               
establish an  Alaska disbursement board for  determining the best                                                               
manner in  which to  disperse the funds.  Local control  of funds                                                               
dispersement  is  an essential  part  of  the bill.  Support  our                                                               
troops  plates have  been  issued in  twenty  states through  the                                                               
efforts of SOT with several more in process around the country.                                                                 
MR. APPLEBEE noted that committee  members should have a synopsis                                                               
sheet of  changes in  Sections 1,  2, 4, and  6-9 that  have been                                                               
made  as  the  bill  has moved  through  committees.  He  quickly                                                               
summarized the changes.                                                                                                         
10:13:17 AM                                                                                                                   
SENATOR BUNDE noted that there is an amendment.                                                                                 
CHAIR   MCGUIRE  said   she  wants   to  hear   testimony  before                                                               
considering the amendment.  She asked Mr. Applebee  to provide an                                                               
opinion on the amendment.                                                                                                       
MR.  APPLEBEE said  some language  was altered  in House  Finance                                                               
that created a possible constitutional  problem around creating a                                                               
dedicated  fund. Legal  Services  has provided  some language  to                                                               
address  that issue.  Additionally,  there is  a language  change                                                               
that  recognizes the  copyrighted use  of the  term "Support  our                                                               
10:15:02 AM                                                                                                                   
MARTIN  BOIRE,  Chair, Support  our  Troops,  Inc., testified  in                                                               
favor of HB 184. He said the  license plate is a simple means for                                                               
civilians to  "honor our  moral obligation  to our  neighbors" by                                                               
assisting  families  of service  men  and  women deployed  for  a                                                               
natural disaster, a peace keeping mission, or a war.                                                                            
CHAIR MCGUIRE thanked  Mr. Boire for putting  his compassion into                                                               
action. She is  sympathetic towards families who  are impacted by                                                               
relatives deployed for extended duty in Iraq.                                                                                   
10:17:42 AM                                                                                                                   
DUANE BANNOCK,  Director, Division of Motor  Vehicles, Department                                                               
of Administration, Anchorage, said he supports the bill.                                                                        
CHAIR MCGUIRE  asked if  the program set  up for  anatomical gift                                                               
donations was working.                                                                                                          
MR. BANNOCK  said it is  halfway working. He said  the collection                                                               
of the  donations is working  well but  what the state  does with                                                               
the money after collection needs improvement.                                                                                   
CHAIR MCGUIRE asked if the money  is going back to the anatomical                                                               
gift awareness program.                                                                                                         
MR. BANNOCK replied no; the money is not going anywhere.                                                                        
CHAIR MCGUIRE  asked what action  is needed to get  the donations                                                               
to the program.                                                                                                                 
MR. BANNOCK said legislation is  needed to direct the money where                                                               
it needs to go.                                                                                                                 
CHAIR MCGUIRE  asked if the  funding mechanism in this  bill will                                                               
work better than the anatomical gift awareness program.                                                                         
10:19:32 AM                                                                                                                   
MR.  BANNOCK  said  only  the  legislature  has  the  ability  to                                                               
appropriate  money. He  believes this  bill is  written correctly                                                               
and that  a bill will come  forward in the future  to correct the                                                               
problem with anatomical gift money.                                                                                             
CHAIR MCGUIRE asked  if there is a simple sentence  that could be                                                               
included  in  this bill  to  address  the anatomical  gift  money                                                               
MR. BANNOCK said  he was not prepared to address  this issue, but                                                               
would like to pursue it further.                                                                                                
CHAIR  MCGUIRE asked  the  bill  sponsor if  he  was amenable  to                                                               
adding  a floor  amendment.  Hearing agreement  from the  sponsor                                                               
Senator McGuire  asked Mr. Bannock to  work with her staff  on an                                                               
amendment and submit it to her as quickly as possible.                                                                          
10:21:04 AM                                                                                                                   
SENATOR GREEN asked  if Section 9 was added  during the committee                                                               
MR.  APPLEBEE  answered  yes;  it  was  added  in  House  Finance                                                               
SENATOR GREEN  asked if the  legislation passed  on May 9  in the                                                               
Senate dealing with  the accumulation of fines,  is duplicated in                                                               
Section 9 of this bill.                                                                                                         
MR.  APPLEBEE answered  no; the  language in  this bill  adds the                                                               
cost  of towing  to  the accumulation  of fees  when  a crime  is                                                               
CHAIR  MCGUIRE asked  if  the "scofflaw  bill"  was connected  to                                                               
alcohol related crimes.                                                                                                         
MR. BANNOCK replied yes.                                                                                                        
CHAIR  MCGUIRE said  this is  a separate  provision. This  change                                                               
would clarify that  for alcohol related crimes when  a vehicle is                                                               
impounded the person  that committed the crime will  pay the cost                                                               
of towing.                                                                                                                      
10:22:37 AM                                                                                                                   
SENATOR GREEN asked for clarification  of the language on page 4,                                                               
line 9, of the bill.                                                                                                            
CHAIR MCGUIRE called an at-ease at 10:23 AM.                                                                                    
10:24:50 AM.                                                                                                                  
CHAIR MCGUIRE called the committee back to order.                                                                               
CHAIR MCGUIRE said HB  184 would be set aside to  the call of the                                                               
chair to work on a technical point in Section 28.40.080.                                                                        
CHAIR MCGUIRE closed public testimony on HB 184.                                                                                
SENATOR GREEN moved Amendment 1 as follows:                                                                                     
     Page 3, line 1, following "Inc.,":                                                                                         
          Insert "approves the use of the terms and"                                                                            
     Page 3, lines 20 - 21:                                                                                                     
          Delete "solely for the purpose of providing benefits                                                                  
     within the State of Alaska to"                                                                                             
          Insert "to the organization for which the specialty                                                                   
     license plate was purchased for the benefit of Alaska"                                                                     
CHAIR  MCGUIRE  announced  there  were  no  objections  therefore                                                               
Amendment 1 carried.                                                                                                            
CHAIR MCGUIRE set  CSHB 184(FIN) as amended aside to  the call of                                                               
the chair.                                                                                                                      
    CSHB 184(FIN) - MOTOR VEHICLES-LICENSE/INSURANCE/IMPOUND                                                                
4:25:00 PM                                                                                                                    
CHAIR MCGUIRE called  the meeting back to  order. Senators Green,                                                               
French, and McGuire were present at the call to order.                                                                          
CHAIR  MCGUIRE  brought amended  CSHB  184(FIN)  back before  the                                                               
CHAIR MCGUIRE moved  Amendment 2 to CSHB 184(FIN)  referred to as                                                               
version L.3/Luckhaupt as follows:                                                                                               
     Page 1, line 3:                                                                                                            
          Delete "mandatory impoundments of vehicles used in                                                                    
     certain offenses,"                                                                                                         
     Page 1, line 5, following "persons;":                                                                                      
          Insert "relating to the anatomical gift awareness                                                                     
     Page 1, following line 6:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section 1.  AS 13.50.160(d) is amended to read:                                                                      
     (d)   Money appropriated to  or for use  by the fund  may be                                                               
     spent  for   the  purposes  of  the   fund  without  further                                                               
     appropriation. The  annual estimated balance in  the account                                                             
     may be appropriated by the legislature to Life Alaska Inc."                                                              
     Page 1, line 7:                                                                                                            
     Delete "Section 1"                                                                                                         
     Insert "Sec. 2"                                                                                                            
     Renumber the following bill sections accordingly.                                                                          
     Page 4, lines 9 - 17:                                                                                                      
     Delete all material.                                                                                                       
     Renumber the following bill section accordingly.                                                                           
     Page 4, line 18:                                                                                                           
     Delete "Sections 2 - 5"                                                                                                    
     Insert "Sections 3 - 6"                                                                                                    
Senator Green objected for explanation.                                                                                         
CHAIR MCGUIRE said  the amendment addresses the  problem with the                                                               
appropriation  of   money  from  the  anatomical   gift  donation                                                               
program. The amendment also deletes subsection 9.                                                                               
SENATOR GREEN withdrew her objection.                                                                                           
4:26:44 PM                                                                                                                    
SENATOR FRENCH asked why subsection 9 was being deleted.                                                                        
CHAIR MCGUIRE replied that removing  the section would remove the                                                               
cost of towing.                                                                                                                 
SENATOR  FRENCH  clarified  that  28.40.080  was  not  a  current                                                               
statute.  This amendment  would  remove the  subsection so  there                                                               
won't be a provision for impoundment of motor vehicles.                                                                         
CHAIR MCGUIRE said it could be added to the crime package.                                                                      
SENATOR FRENCH said that was a good idea.                                                                                       
CHAIR MCGUIRE  said the intent is  to set up the  anatomical gift                                                               
donation fund the  same way as the support our  troops fund. When                                                               
a person donates to a cause the money should be end up there.                                                                   
Hearing  no  further objection  to  Amendment  2 it  was  adopted                                                               
bringing the bill as amended before the committee.                                                                              
4:28:36 PM                                                                                                                    
SENATOR GREEN  moved to report  HB 184 as amended  from committee                                                               
with  individual recommendations  and accompanying  fiscal notes.                                                               
There  being no  objections,  SCS CSHB  184(STA)  moved from  the                                                               
Senate State Affairs Committee.                                                                                                 
SENATOR GREEN moved  to report the title  change resolution along                                                               
with amended  HB 184 from  committee. There being  no objections,                                                               
the motion carried.                                                                                                             

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