Legislature(2017 - 2018)BARNES 124
04/12/2018 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB410 | |
| HB333 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 333 | TELECONFERENCED | |
| *+ | HB 410 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 12, 2018
8:02 a.m.
MEMBERS PRESENT
Representative Justin Parish, Co-Chair
Representative Tiffany Zulkosky, Co-Chair
Representative John Lincoln
Representative George Rauscher
Representative David Talerico
MEMBERS ABSENT
Representative Harriet Drummond
Representative Dan Saddler
Representative DeLena Johnson (alternate)
Representative Jonathan Kreiss-Tomkins (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 410
"An Act relating to the reinstatement of Native corporations;
and providing for an effective date."
- MOVED HB 410 OUT OF COMMITTEE
HOUSE BILL NO. 333
"An Act authorizing a municipality to adopt an ordinance
prohibiting the use of cellular telephones while driving in
school zones or on school property."
- MOVED CSHB 333(CRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 410
SHORT TITLE: REINSTATEMENT OF NATIVE CORPS
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
04/06/18 (H) READ THE FIRST TIME - REFERRALS
04/06/18 (H) CRA
04/12/18 (H) CRA AT 8:00 AM BARNES 124
BILL: HB 333
SHORT TITLE: MUNI: BAN DRIVER PHONE USE IN SCHOOL ZONE
SPONSOR(s): BIRCH
02/07/18 (H) READ THE FIRST TIME - REFERRALS
02/07/18 (H) CRA, JUD
04/12/18 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
PAUL LABOLLE, Staff
Representative Neal Foster
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 410 on behalf of
Representative Foster, prime sponsor.
JAMIE MCCULLOUGH, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community & Economic Development (DCCED)
Juneau, Alaska
POSITION STATEMENT: Answered a question during the hearing on
HB 410.
REPRESENTATIVE CHRIS BIRCH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 333.
DAVID WIGHT
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 333.
ACTION NARRATIVE
8:02:04 AM
CO-CHAIR TIFFANY ZULKOSKY called the House Community and
Regional Affairs Standing Committee meeting to order at 8:02
a.m. Representatives Talerico, Rauscher, Parish, and Zulkosky
were present at the call to order. Representative Lincoln
arrived as the meeting was in progress.
HB 410-REINSTATEMENT OF NATIVE CORPS
8:02:47 AM
CO-CHAIR ZULKOSKY announced that the first order of business
would be HOUSE BILL NO. 410, "An Act relating to the
reinstatement of Native corporations; and providing for an
effective date."
8:03:03 AM
PAUL LABOLLE, Staff, Representative Neal Foster, Alaska State
Legislature, presented HB 410 on behalf of Representative
Foster, prime sponsor. He indicated this legislation had been
brought before previous legislatures. He said HB 410 would
allow an involuntarily dissolved Native corporation to
reincorporate as the same entity with the same assets rights and
liabilities as the original corporation formed under the Alaska
Native Claims Settlement Act (ANCSA). The corporations would
have until 2020 to do so.
8:03:43 AM
REPRESENTATIVE TALERICO, based on discussion on this legislation
in a prior legislature, recollected that there are not many
corporations to which HB 410 would apply.
MR. LABOLLE said he knows of one corporation, and he
acknowledged that Representative Talerico had told him of
another.
8:04:45 AM
JAMIE MCCULLOUGH, Director, Division of Corporations, Business,
and Professional Licensing, Department of Commerce, Community &
Economic Development (DCCED), related that since 2011, there
have been approximately 19 [unintentionally dissolved Native]
corporations.
8:05:36 AM
CO-CHAIR ZULKOSKY open public testimony on HB 410. After
ascertaining that there was no one who wished to testify, she
closed public testimony.
8:05:57 AM
REPRESENTATIVE RAUSCHER expressed support for HB 410.
8:06:32 AM
CO-CHAIR PARISH moved to report HB 410 out of committee with
individual recommendations.
CO-CHAIR ZULKOSKY announced there being no objection, HB 410 was
reported out of the House Community and Regional Affairs
Standing Committee.
[The House Community and Regional Affairs Standing Committee
subsequently brought HB 410 back before the committee on 4/17/18
in order to move the accompanying fiscal note out of committee.]
8:06:49 AM
The committee took an at-ease from 8:06 a.m. to 8:08 a.m.
HB 333-MUNI: BAN DRIVER PHONE USE IN SCHOOL ZONE
8:08:57 AM
CO-CHAIR ZULKOSKY announced that the final order of business
would be HOUSE BILL NO. 333, "An Act authorizing a municipality
to adopt an ordinance prohibiting the use of cellular telephones
while driving in school zones or on school property."
8:09:19 AM
REPRESENTATIVE CHRIS BIRCH, Alaska State Legislature, as prime
sponsor, presented HB 333. He said the proposed legislation
would allow local control over traffic ordinances relating to
school zones. He said the idea for HB 333 came from a
constituent who volunteers as a crossing guard in a south
Anchorage school district and routinely has witnessed dangerous
situations involving children near schools. He indicated
involvement in this issue for many years, starting at the local
level. He asked the committee to support the proposed bill.
8:11:26 AM
REPRESENTATIVE RAUSCHER remarked that children walking to school
seem "oblivious to traffic."
REPRESENTATIVE BIRCH said municipalities could make assessments
[as to the type of ordinance needed]. He noted there is a
distinction between driving and operating a motor vehicle.
8:12:35 AM
CO-CHAIR PARISH expressed support for HB 333.
8:12:42 AM
CO-CHAIR ZULKOSKY asked about the feasibility of smaller hub
communities opting in.
REPRESENTATIVE BIRCH responded that the legislature is sitting
as the assembly for unorganized boroughs. He said Bethel is
considered a municipality; therefore, under HB 333, the City of
Bethel could opt in.
8:13:57 AM
REPRESENTATIVE TALERICO stated, "Out in the unorganized borough
we don't necessarily have the municipal government to do that."
He said his hometown is Healy, Alaska. He remarked on the
increased traffic there is in bigger cities. He expressed
appreciation for HB 333 and the ability of local governments to
have control.
8:15:05 AM
REPRESENTATIVE BIRCH listed the following supporters of HB 333:
statewide school boards, the Anchorage School District, the
American Automobile Association (AAA), and the Alaska Municipal
League (AML).
8:15:55 AM
REPRESENTATIVE RAUSCHER referred to the mention of electronic
devices in HB 333 and asked if that would affect the use of
radar equipment in law enforcement vehicles.
REPRESENTATIVE BIRCH answered that he does not think HB 333
would affect the ability of law officers to perform their
duties.
8:17:19 AM
CO-CHAIR PARISH asked Representative Birch to put on the record
the distinction between driving and operating a motor vehicle.
REPRESENTATIVE BIRCH answered that driving is a more restrictive
term that means someone is behind the wheel. He offered his
understanding that operating a vehicle could include someone who
is drunk and passed out in the passenger's seat. He said under
HB 333, municipalities could decide on which term their
ordinances would apply.
CO-CHAIR PARISH offered his understanding that if a municipality
enacted a broad restriction, then a teacher who got in his/her
vehicle after school and used a cell phone while running the
motor to warm up the vehicle could be in violation of an
ordinance. He speculated that a law enforcement officer would
most likely give the person the benefit of the doubt.
Notwithstanding that, he said he would encourage municipalities
to use the more restrictive driving definition.
REPRESENTATIVE BIRCH replied, "I'm a big believer in reasonable
people."
8:19:51 AM
CO-CHAIR ZULKOSKY said the committee would hear invited
testimony.
8:20:06 AM
DAVID WIGHT relayed that he has spent five years working the
intersection of Chinook and Gregory, the entrance to Bowman
Elementary School. He said the school has crowded approaches to
traffic patterns, and he must pay close attention not only for
the safety of the school children, but also for his own safety.
He emphasized that he favors the "while driving" distinction.
He said he thinks parents, including himself, need the
opportunity to find their children. He said, "Operating might
throw a wrinkle into that, whereas driving should not. All you
have to do is park your car in a school zone or on the side of
the road and talk to them, whereas driving you need to pull
attention in a school zone to be safe."
MR. WIGHT said he worked hard with principals to get voluntary
compliance. He said, "We got 90-plus percent compliance. But
the remaining group just didn't see the need to do it, and
they're the ones that had some of the dangerous activities, both
by lack of attention and some by just being independent and
feeling that they can do what they want to despite of the risk
presented to people in the school zone." He said he has seen
people driving over the curb where children were standing
because they were talking on their mobile phones. Further, he
has seen people run stop signs and has had people almost run
into him in the intersection a number of times because they were
not paying attention. He said the worst incident was when he
had thought quickly to avoid a child getting hit and he ended up
getting hit from behind. The person who hit him said it was an
important phone call. Mr. Wight said he feels it is important
for people to take a break [from their phone] for the five or
ten minutes they are in a school zone, because the safety of
children is paramount.
MR. WIGHT said he has worked "with the schools and through
legislative funding" to improve traffic patterns. He opined
that he has done all he can without removing the hazard of
distraction while driving through a school zone or on school
property.
8:24:23 AM
CO-CHAIR PARISH relayed he was a crossing guard two years ago,
and it can be scary with little kids and adults not paying
attention. He offered his understanding that Mr. Wight had
indicated his preference for the term "driving" a motor vehicle
rather than "operating" one.
MR. WIGHT answered that is correct. He expressed that his
experience has shown that the risk is in [using a device] while
driving. He said people need to be able to pull over and call
their children from their mobile phones; therefore, he opposes
the inclusion of "operating" the motor vehicle.
8:26:20 AM
REPRESENTATIVE RAUSCHER asked if talking on a mobile phone while
in a car is "illegal now" or could be "considered illegal by the
municipality in light of this legislation."
8:26:56 AM
REPRESENTATIVE BIRCH answered that talking on a mobile phone
while driving currently is legal in Alaska; it is illegal to
watch video while driving. He said HB 333 would relate to
school zones and give municipalities the option to "make that
against the law in a school zone or on school property."
REPRESENTATIVE RAUSCHER asked if it is legal to pull over in a
vehicle to use a mobile phone.
REPRESENTATIVE BIRCH answered yes. He added, "Depending on the
municipal determination."
8:28:19 AM
CO-CHAIR PARISH moved to adopt Amendment 1, as follows:
On page 1, line 7:
Following "person"
Delete "operating"
Insert "driving"
8:29:07 AM
CO-CHAIR ZULKOSKY objected for the purpose of discussion. She
asked the bill sponsor if he had a position on whether or not
the language should state "driving" or "operating".
REPRESENTATIVE BIRCH answered, "It's just a matter of getting
the maximum flexibility to the communities. But based on the
testimony and the discussion, yeah, I mean, if somebody pulls
off to the side of the road and is having a conversation in an
operating mode, I think that would be reasonable."
8:29:48 AM
CO-CHAIR ZULKOSKY removed her objection.
8:30:13 AM
REPRESENTATIVE RAUSCHER objected for the purpose of discussion.
He noted that the bill title states "while driving in school
zones", while the language in the body states "operating a motor
vehicle". He asked for an explanation.
REPRESENTATIVE BIRCH answered as follows:
The legal assessment is to have, basically, the full
flexibility for the municipalities that are actually
going to ultimately do that. And so, if you have ...
kind of a broad description, ... then the local
communities can decide how constrained they want to
make that."
8:30:56 AM
REPRESENTATIVE RAUSCHER removed his objection.
8:31:14 AM
The committee took a brief at-ease at 8:31 a.m.
8:31:58 AM
REPRESENTATIVE RAUSCHER again objected to Amendment 1 for the
purpose of discussion. He indicated that he understands the
intent of Amendment 1, but he questioned whether it would overly
constrain the municipalities.
CO-CHAIR ZULKOSKY asked, "If we were to provide an opportunity
to have greater latitude, as the bill before us would allow, how
would municipalities, upon opting in, be able to further define
that for clarity?"
8:33:30 AM
REPRESENTATIVE BIRCH stated his understanding that
municipalities have the latitude to construct a description as
broad or narrow as they choose. He indicated that he has no
problem with Amendment 1; however, it would constrain what local
governments can do. He said the intent [of HB 333] was to give
the most latitude to the local governments.
8:34:41 AM
CO-CHAIR PARISH related that a friend had had too much to drink
and was "sleeping it off" on the passenger side of the vehicle,
which was not running, and that was considered operating a motor
vehicle. He said that does not seem reasonable, but it is the
way the law was interpreted. He said he does not like
ambiguity, and "operating a motor vehicle" seems more
ambiguous." He said it seems reasonable to him for someone to
pull off the road, turn off the vehicle, and then use his/her
mobile phone while in the car. He indicated he would like to
"spare" elected local officials "the unnecessary ambiguity of
'operating' versus 'driving'." He said he thinks "driving" gets
to "the substance of the safety issue."
8:36:27 AM
REPRESENTATIVE RAUSCHER removed his objection.
CO-CHAIR ZULKOSKY [objected to Amendment 1], because the intent
[of HB 333] was to give as much latitude to municipalities to
make their own determination.
8:37:54 AM
REPRESENTATIVE TALERICO said that at one school in Anchorage,
there is a pass-through lane and a parking lane to get to the
gymnasium. He said the last time he was there, several
occupants [of vehicles] were on their mobile phones, which he
said distracted them from watching what was happening, and they
would pull out at any moment. He said he thinks he understands
[Co-Chair Zulkowsky's] point and agrees with her; therefore, he
said he thinks it is important to ensure that municipalities
have the latitude "to make those decisions."
8:39:32 AM
REPRESENTATIVE RAUSCHER related that he would likely vote
against Amendment 1 in order to give the latitude to the
municipalities.
8:40:16 AM
CO-CHAIR PARISH offered his understanding that the only people
not "captured by this amendment" are those who are actually
parked, because "even if you've got your foot on your break you
are still driving your vehicle." He said the question is
whether limitation of mobile phone use will apply to those
driving or those operating a vehicle.
8:41:03 AM
REPRESENTATIVE LINCOLN suggested there is good reason for the
state to maintain uniform rules regarding traffic laws, because
without them, people could inadvertently break the law. He said
he likes Amendment 1. He expressed support for Mr. Wight's work
protecting children, but "it does seem like the actual risk is
around driving while on phone."
CO-CHAIR ZULKOSKY asked Representative Rauscher if he maintained
his objection.
8:42:14 AM
REPRESENTATIVE RAUSCHER said he thinks he agrees with
Representative Lincoln.
8:42:26 AM
REPRESENTATIVE BIRCH noted that there was another committee of
referral, and he offered to do some additional research between
now and then to address some of the concern that had been
expressed. He reiterated his intent to give the maximum
flexibility to local governments.
8:43:01 AM
The committee took an at-ease from 8:43 a.m. to 8:45 a.m.
8:45:34 AM
REPRESENTATIVE RAUSCHER removed his objection to the motion to
adopt Amendment 1.
CO-CHAIR ZULKOSKY removed her objection to the motion to adopt
Amendment 1. There being no further objection, Conceptual
Amendment 1 was adopted.
8:46:15 AM
CO-CHAIR ZULKOSKY opened public testimony on HB 333. After
ascertaining that there was no one who wished to testify, she
closed public testimony.
8:46:54 AM
CO-CHAIR PARISH moved to report HB 333, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 333(CRA) was
reported out of the House Community and Regional Affairs
Standing Committee.
8:47:24 AM
The committee took an at-ease from 8:47 a.m. to 8:49 a.m.
8:49:13 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 8:49 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 410 Certificate of Compliance Additional Document 4.12.2018.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 410 |
| HB 410 Certification Dissolution Additional Document 4.12.2018.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 410 |
| HB 410.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 410 |
| HB333 Additional Documents-AAA Letter 4.12.2018.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 333 |
| HB333 Additional Documents-Uniform Traffic Laws Title 28 4.12.18.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 333 |
| HB333 Additional Documents-February 2018 Legal Services Memo 4.12.18.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 333 |
| HB333 Fiscal Note DPS-AST 4.12.18.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 333 |
| HB333 Sponsor Statement 4.12.18.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 333 |
| HB333 Supporting Document-ASD Resolution 2 4.12.18.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 333 |
| HB333 Supporting Document-ASD Resolution 4.12.18.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 333 |
| HB333 ver A 4.12.18.pdf |
HCRA 4/12/2018 8:00:00 AM |
HB 333 |