Legislature(2003 - 2004)

04/22/2003 03:49 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 22, 2003                                                                                           
                         3:49 P.M.                                                                                              
                                                                                                                                
 TAPE HFC 03 - 60, Side A                                                                                                       
                                                                                                                                
 CALL TO ORDER                                                                                                                
                                                                                                                                
 Co-Chair Williams called the House Finance Committee  meeting                                                                  
 to order at 3:49 P.M.                                                                                                          
                                                                                                                                
 MEMBERS PRESENT                                                                                                              
                                                                                                                                
 Representative Bill Williams, Co-Chair                                                                                         
 Representative Kevin Meyer, Vice-Chair                                                                                         
 Representative Mike Chenault                                                                                                   
 Representative Eric Croft                                                                                                      
 Representative Richard Foster                                                                                                  
 Representative Mike Hawker                                                                                                     
 Representative Reggie Joule                                                                                                    
 Representative Bill Stoltze                                                                                                    
 Representative Jim Whitaker                                                                                                    
                                                                                                                                
 MEMBERS ABSENT                                                                                                               
                                                                                                                                
 Representative John Harris, Co-Chair                                                                                           
 Representative Carl Moses                                                                                                      
                                                                                                                                
 ALSO PRESENT                                                                                                                 
                                                                                                                                
 Kevin  Jardell,   Assistant   Commissioner,   Department   of                                                                  
 Administration;  Joanne   Gibbens,   Program  Administrator,                                                                   
 Division of Family and  Youth Services, Department of  Health                                                                  
 and Social  Services;  Jack  Shay,  Former  Mayor,  Ketchikan                                                                  
 Assembly, Borough of Ketchikan                                                                                                 
                                                                                                                                
 PRESENT VIA TELECONFERENCE                                                                                                   
                                                                                                                                
 Duane  Bannock,   Director,  Division   of  Motor  Vehicles,                                                                   
 Department  of  Administration;  Chuck  Hosack,  Division  of                                                                  
 Motor Vehicles, Anchorage                                                                                                      
                                                                                                                                
 SUMMARY                                                                                                                      
                                                                                                                                
 HB 170    An   Act   increasing    certain   motor    vehicle                                                                  
           registration fees; and providing for an effective                                                                    
           date.                                                                                                                
                                                                                                                                
           HB 170 was reported out of Committee with                                                                            
           "individual recommendations" and with fiscal note                                                                    
          #1 by the Department of Administration.                                                                               
                                                                                                                                
 SB 123am  An  Act relating  to  adoptions  and guardianships                                                                   
           that include a subsidy payment by the state;                                                                         
           eliminating annual  review of the  subsidy paid  by                                                                  
           the state after  adoption of a hard-to-place  child                                                                  
           has  occurred or  a  court has  appointed  a  legal                                                                  
           guardian for a hard- to-place child; and providing                                                                   
           for an effective date.                                                                                               
                                                                                                                                
           SB 123am was reported out of Committee with                                                                          
           "individual recommendations" and with fiscal note                                                                    
           #1 by the Department of Health & Social Services.                                                                    
                                                                                                                                
 HOUSE BILL NO. 170                                                                                                           
                                                                                                                                
      An Act increasing certain motor vehicle registration                                                                      
      fees; and providing for an effective date.                                                                                
                                                                                                                                
DUANE  BANNOCK,  (TESTIFIED  VIA  TELECONFERENCE),  DIRECTOR,                                                                   
DIVISION  OF MOTOR  VEHICLES,  DEPARTMENT  OF ADMINISTRATION,                                                                   
ANCHORAGE, explained  that the bill would adjust and  increase                                                                  
most of the fees  associated with motor vehicle registration.                                                                   
Mr. Bannock offered to answer questions from the Committee.                                                                     
                                                                                                                                
Representative  Stoltze asked  if a  leased vehicle  would  be                                                                  
considered  a commercial  vehicle for  purposes of licensing.                                                                   
Mr. Bannock  replied that  they would be  considered for  rate                                                                  
and   fee    schedule   purposes    a   commercial    vehicle.                                                                  
Representative Stoltze  pointed out that  a person who  leases                                                                  
a vehicle would pay  a substantially higher fee than a  person                                                                  
buying  the same  vehicle.   Mr.  Bannock indicated  that  was                                                                  
accurate.                                                                                                                       
                                                                                                                                
Representative Croft  inquired the amount of profit currently                                                                   
generated  by  the Division  of  Motor Vehicles  (DMV).    Mr.                                                                  
Bannock  replied,  last year,  current  revenues  totaled  $46                                                                  
million  dollars against  a $10  million dollar  budget.   The                                                                  
2004  projections  are  expenditures  of  approximately   $9.5                                                                  
million dollars and  if HB 170 passes, revenues received  will                                                                  
total nearly $59 million dollars.                                                                                               
                                                                                                                                
Representative  Hawker asked  the last  date that  a revision                                                                   
had been made to  the fee schedule.  Mr. Bannock advised  that                                                                  
the  lien  and title  fee  have  never been  increased.    The                                                                  
commercial  fees were  adjusted  slightly  in 1997;  prior  to                                                                  
that,  two changes  were made  in non-commercial  fees  dating                                                                  
back to the '70's and middle '80's.                                                                                             
                                                                                                                                
Representative  Stoltze  remembered  that  there  had  been  a                                                                  
revision made  in 2000.   Mr. Bannock  acknowledged that  2000                                                                  
had  been "a  little before  his time",  however,  he did  not                                                                  
know of any changes  made then and that the last major  change                                                                  
was made in 1997.                                                                                                               
                                                                                                                                
Representative  Stoltze discussed  the  bill on  the trucking                                                                   
industry, which had  lowered fees on trailers to a set fee  of                                                                  
$10  dollars   and  had  a  corresponding   change  to   cover                                                                  
commercial  tractors  and trucks.    Mr.  Bannock interjected                                                                   
that  structure  was changed  in  1997  and then  had  been  a                                                                  
decrease  in   commercial  trailer   costs  from  a   biannual                                                                  
registration to a one-time permanent registration charge.                                                                       
                                                                                                                                
Representative  Croft asked if  there was anything  in HB  170                                                                  
that shifted  the one-time  fee.  Mr.  Bannock responded  that                                                                  
the only thing  specific in HB 170  was a small change to  the                                                                  
commercial rate  and a then  a change on  the commercial  fees                                                                  
for trailers.  That  language is indicated on Page 3, Line  5.                                                                  
The  other change  to commercial  fees is  listed  on Page  2,                                                                  
Line 8, and ending on Page 3, Line 3.                                                                                           
                                                                                                                                
CHUCK  HOSACK, (TESTIFIED  VIA  TELECONFERENCE),  DIVISION  OF                                                                  
MOTOR  VEHICLES, ANCHORAGE,  noted that  he was  available  to                                                                  
answer questions of the Committee.                                                                                              
                                                                                                                                
JACK SHAY,  FORMER KETCHIKAN MAYOR,  CURRENT ASSEMBLY  MEMBER,                                                                  
BOROUGH  OF  KETCHIKAN,   voiced  his  appreciation  for   the                                                                  
proposed  bill  and  any  legislation  that  would   help  the                                                                  
community's revenue sharing.                                                                                                    
                                                                                                                                
 Representative Croft MOVED to ADOPT Amendment #1.                                                                              
                                                                                                                                
 Co-Chair Williams OBJECTED.                                                                                                    
                                                                                                                                
 Representative  Croft  explained  that  the  effect   of  the                                                                  
 amendment would lower  the fees implemented  by the  Division                                                                  
 of Motor Vehicles.   The yearly cost  of running that  agency                                                                  
 is approximately  $10  million  dollars and  that  the  State                                                                  
 currently makes  nearly  $40-$45 million  dollars  from  fees                                                                  
 collected.  Representative  Croft stated  that the fees  that                                                                  
 he pays to  DMV should be  used to support  that agency.   HB
 170 changes  from  that purpose  to  one  of being  a  "money                                                                  
 maker", and  claimed that  was inappropriate.   Costs  should                                                                  
 amount more  closely  to  the actual  costs  of  running  the                                                                  
 agency.  He acknowledged that other states have attempted  to                                                                  
 use this type-funding source to help budget gaps, irritating                                                                   
 constituents statewide.                                                                                                        
                                                                                                                                
 Representative Croft advised  that Amendment #1 would cut  in                                                                  
 half the  fees  proposed in  HB 170.    That would  bring  in                                                                  
 approximately  $20  million   dollars  State  revenue.     He                                                                  
 stressed that the proposed  legislation no longer would be  a                                                                  
 "user fee" but instead a "tax".                                                                                                
                                                                                                                                
 Mr. Bannock commented that  regardless of the rate  schedule,                                                                  
 DMV will  continue to do  their work  and that  the fee  rate                                                                  
 should be decided by the Legislature.                                                                                          
                                                                                                                                
 Representative  Hawker spoke  against  Amendment  #1,  noting                                                                  
 that there  are  many  services impacted  by  motor  vehicles                                                                  
 within the State.   If the State were  to factor in the  cost                                                                  
 of highway patrol  and the State  Troopers and other  aspects                                                                  
 directly related, the proposed fees would not be enough.                                                                       
                                                                                                                                
 KEVIN  JARDELL,   ASSISTANT   COMMISSIONER,   DEPARTMENT   OF                                                                  
 ADMINISTRATION, commented  that the  Administration would  be                                                                  
 opposed to  the proposed  amendment.   He  echoed sentiments                                                                   
 voiced by Representative Hawker  noting that there are  costs                                                                  
 associated beyond registration fees collected and that  those                                                                  
 fees can  be  designated for  service  funds related  to  the                                                                  
 Division of Motor Vehicles.                                                                                                    
                                                                                                                                
 Representative Joule  understood  that  revenues need  to  be                                                                  
 raised, however, he  pointed out that  last year the  alcohol                                                                  
 tax was raised and  at this time, the  State is reluctant  to                                                                  
 place that  money into alcohol  related programs.   He  added                                                                  
 that there  is no way  to dedicate  funds unless  it is  done                                                                  
 through  a  constitutional  amendment.    The  money   raised                                                                  
 through this  legislation  would be  going into  the  general                                                                  
 fund  and  would  not   be  used  for  highway  maintenance.                                                                   
 Representative  Joule  recommended  that  a  discussion  take                                                                  
 place regarding  the long-term  health of  the State  budget.                                                                  
 Through the proposed  legislation, the  public will not  know                                                                  
 where  their user  fee  costs  are  used.    He  agreed  that                                                                  
 revenues need to  be raised, however,  discussion must  occur                                                                  
 regarding the whole plan.                                                                                                      
                                                                                                                                
 Co-Chair Williams asked how  much general fund money is  used                                                                  
 for  highway maintenance.    Mr.  Hosack  did  not  know  the                                                                  
 figures  regarding  the   Department's  highway  maintenance                                                                   
 expenditures.                                                                                                                  
                                                                                                                                
 Mr. Jardell  guaranteed  that the  revenue generated  by  the                                                                  
 proposed fees would  not generate enough  funds to cover  the                                                                  
 Department  of Transportation  &  Public  Facilities  highway                                                                  
 maintenance fees.                                                                                                              
                                                                                                                                
 Representative  Foster commented  that  the  budget  for  the                                                                  
 Northern  Region,   which   consists  of   approximately   50                                                                  
 villages, totals nearly $10  million dollars a year.  At  the                                                                  
 current price of  eight cents per  gallon, those areas  raise                                                                  
 approximately $100  thousand dollars.   He  guessed that  the                                                                  
 ratio would  total about  100 to 1  cash back.   He  stressed                                                                  
 that the fees would help  to maintain not only the roads  and                                                                  
 the hubs but also the  runways.  In his district's villages,                                                                   
 which for  the  most part  do  not have  cars,  the  proposed                                                                  
 legislation  would  not  have  any  impact.   Representative                                                                   
 Foster emphasized  that  even if  the money  does not  go  to                                                                  
 roads, it can  go to schools and/or  welfare programs,  which                                                                  
 his district desperately  needs.  He  voiced his support  for                                                                  
 the bill and against the amendment.                                                                                            
                                                                                                                                
 A roll call vote was taken  on the motion to adopt Amendment                                                                   
 #1.                                                                                                                            
                                                                                                                                
 IN FAVOR:      Croft                                                                                                           
 OPPOSED:       Hawker, Joule, Meyer, Stolze, Whitaker,                                                                         
                Chenault, Foster, Williams                                                                                      
                                                                                                                                
 Co-Chair Harris  and Representative  Moses  were not  present                                                                  
 for the vote.                                                                                                                  
                                                                                                                                
 The MOTION FAILED (1-8).                                                                                                       
                                                                                                                                
 Representative  Foster  MOVED   to  report  HB  170  out   of                                                                  
 Committee  with  individual  recommendations  and  with   the                                                                  
 accompanying fiscal note.                                                                                                      
                                                                                                                                
 Representative Croft OBJECTED.                                                                                                 
                                                                                                                                
 Representative  Croft  cautioned  the  Committee  about   the                                                                  
 legislation.    He  noted   that  the  general  fund   budget                                                                  
 allocation for  the  Department of  Transportation  &  Public                                                                  
 Facilities totals  approximately $100 million  dollars.   The                                                                  
 State should not  pretend that  the proposed fees  in HB  170                                                                  
 would   close   the   budget.     The   legislation    raises                                                                  
 approximately  $12 million  dollars.    He  warned  that  the                                                                  
 proposed fee  structure  could carry  too  much weight.    He                                                                  
 emphasized that  raising  fees high  and avoiding  a  general                                                                  
 long-range fiscal plan should  be avoided.  The proposed  fee                                                                  
 is not the way to fund  schools and the general road  system.                                                                  
 DMV fees should be used only to fund that program.                                                                             
                                                                                                                                
 Co-Chair Williams  pointed  out that  a proposed  long  range                                                                  
 fiscal "plan" has  been discussed for years  and that in  the                                                                  
 long run, the money  generated from passage  of HB 170  would                                                                  
 help cover services needed now.                                                                                                
                                                                                                                                
 Representative Joule noted that he had not voted against  the                                                                  
 amendment because he did not agree in taking funds away  from                                                                  
 the current  structure.   However, he  stated  that he  would                                                                  
 vote against moving the  bill from Committee because it  does                                                                  
 not fit into  a long-range  fiscal plan.   The House  Finance                                                                  
 Committee  must "collect"  the  pieces  of  that  puzzle  and                                                                  
 address that  long-range concern.   He pointed  out that  the                                                                  
 Ways and  Means Committee  was  attempting to  address  these                                                                  
 concerns and  urged that HB  170, which  will raise  revenue,                                                                  
 sits in Committee  while the plan is  being "molded" and  all                                                                  
 options are considered.                                                                                                        
                                                                                                                                
 A roll call vote was taken on the motion to move HB  170 from                                                                  
 Committee.                                                                                                                     
                                                                                                                                
 IN FAVOR:      Meyer, Stolze, Whitaker, Chenault, Foster,                                                                      
                Hawker, Williams                                                                                                
 OPPOSED:       Joule, Croft                                                                                                    
                                                                                                                                
 Co-Chair Harris  and Representative  Moses  were not  present                                                                  
 for the vote.                                                                                                                  
                                                                                                                                
 The MOTION PASSED (7-2).                                                                                                       
                                                                                                                                
 HB  170  was  reported  out  of Committee   with "individual                                                                   
 recommendations" and  with fiscal note  #1 by the Department                                                                   
 of Administration.                                                                                                             
                                                                                                                                
 SENATE BILL NO. 123 am                                                                                                       
                                                                                                                                
      An Act  relating  to adoptions  and  guardianships  that                                                                  
      include a  subsidy  payment by  the  state; eliminating                                                                   
      annual review  of the subsidy  paid by  the state  after                                                                  
      adoption of  a hard-to-place  child  has occurred  or  a                                                                  
      court has appointed a legal guardian for a hard- to-                                                                      
     place child; and providing for an effective date.                                                                          
                                                                                                                                
 JOANNE GIBBENS,  PROGRAM  ADMINISTRATOR, DIVISION  OF  FAMILY                                                                  
 AND  YOUTH  SERVICES,   DEPARTMENT  OF   HEALTH  AND   SOCIAL                                                                  
 SERVICES, advised that SB 123 differs from the House  version                                                                  
 HB 166 in two ways:                                                                                                            
                                                                                                                                
   ·    SB 123 adds guardianships to the title in addition                                                                      
        to adoptions;                                                                                                           
   ·    SB 123 does put into law the requirement that upon                                                                      
        the  request of the person  caring for the child,  the                                                                  
        Department  "shall"  review  whether  the  subsidy  is                                                                  
        appropriate  or  not.    Elimination   of  the  annual                                                                  
        review  of the subsidy amount  does not eliminate  the                                                                  
        right  of the adoptive parent  or guardian to ask  for                                                                  
        a review of the subsidy amount.                                                                                         
                                                                                                                                
 Representative  Croft  asked   if  that  distinction  was   a                                                                  
 difference between using  the language "shall" and/or  "may".                                                                  
 Ms. Gibbens  noted that  the language  was added  on Page  1,                                                                  
 Line 12.    Representative  Croft understood  that  from  her                                                                  
 testimony.                                                                                                                     
                                                                                                                                
 Representative  Foster  MOVED  to  report  SB  123am  out  of                                                                  
 Committee  with  individual  recommendations  and  with   the                                                                  
 attached fiscal note.                                                                                                          
                                                                                                                                
 There being NO OBJECTION, it was so ordered.                                                                                   
                                                                                                                                
 SB 123am  was  reported  out of  Committee  with "individual                                                                   
 recommendations" and  with fiscal note  #1 by the Department                                                                   
 of Health and Social Services.                                                                                                 
                                                                                                                                
 ADJOURNMENT                                                                                                                  
                                                                                                                                
 The meeting was adjourned at 4:25 P.M.                                                                                         
                                                                                                                                

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