Legislature(2005 - 2006)HOUSE FINANCE 519
03/01/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB338 | |
| HB408 | |
| HB12 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 408 | TELECONFERENCED | |
| + | HB 338 | TELECONFERENCED | |
| + | HB 12 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
March 1, 2006
1:41 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:41:25 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Reggie Joule
Representative Mike Kelly
Representative Beth Kerttula
Representative Carl Moses
Representative Jim Holm
MEMBERS ABSENT
Representative Bruce Weyhrauch
ALSO PRESENT
Lalanya Snyder, Staff, Representative Mike Chenault; Grey
Mitchell, Director, Division of Labor Standards and Safety,
Department of Labor and Workforce Development;
Representative Max Gruenberg; Representative Bob Lynn; Anne
Carpeneti, Assistant Attorney General, Legal Services
Section - Juneau, Criminal Division, Department of Law; Tom
Bryce, Alaska District Council of Laborers
PRESENT VIA TELECONFERENCE
Cliff Hustead, Chief Consultation and Training, Division of
Labor Standards and Safety, Department of Labor and
Workforce Development
SUMMARY
HB 338 "An Act relating to applications, qualifications,
and criminal history and background checks for a
certificate of fitness for explosives handlers;
and providing for an effective date."
CSHB 338 (L&C) was REPORTED out of Committee with
a "do pass" recommendation and with zero fiscal
note #1 by the Department of Public Safety, and
zero fiscal note #2 by the Department of Labor and
Workforce Development.
HB 408 "An Act relating to the definition of 'child abuse
and neglect' for child protection purposes; and
providing for an effective date."
HB 408 was SCHEDULED but not HEARD.
HB 12 "An Act relating to televisions and monitors in
motor vehicles."
CSHB 12 (FIN) was REPORTED out of Committee with a
"no recommendation" and with new zero fiscal notes
by the Department of Administration, the
Department of Law, and the Department of Public
Safety.
1:41:35 PM
HOUSE BILL NO. 338
"An Act relating to applications, qualifications, and
criminal history and background checks for a
certificate of fitness for explosives handlers; and
providing for an effective date."
LALANYA SNYDER, STAFF, REPRESENTATIVE MIKE CHENAULT,
explained that HB 338 is designed to tighten up Alaska
statutes. Currently, the Department of Labor has the
authority to issue a license known as a certificate of
fitness to work with explosives in Alaska. The department
requires that an explosive handler applicant submit to a
criminal background check, but it does not require
fingerprinting. This bill would provide the necessary
authority for the Departments of Labor and Public Safety to
perform a fingerprint-based nationwide criminal history
search to better ensure the safety of Alaskans.
Representative Kelly asked if the bill only changes
requirements for explosives handlers. Co-Chair Meyer said
that is correct.
1:45:16 PM
TOM BRYCE, ALASKA DISTRICT COUNCIL OF LABORERS, whose
organization represents explosives handlers, expressed
support for HB 338.
Representative Stoltze MOVED to REPORT CSHB 338 (L&C) out of
Committee with individual recommendations and the
accompanying zero fiscal notes. There being NO OBJECTION,
it was so ordered.
CSHB 338 (L&C) was REPORTED out of Committee with a "do
pass" recommendation and with zero fiscal note #1 by the
Department of Public Safety and zero fiscal note #2 by the
Department of Labor and Workforce Development.
HOUSE BILL NO. 408
"An Act relating to the definition of 'child abuse and
neglect' for child protection purposes; and providing
for an effective date."
CSHB 408 (HES) was scheduled but not heard.
1:48:19 PM
HOUSE BILL NO. 12
"An Act relating to televisions and monitors in motor
vehicles."
Representative Stoltze MOVED to ADOPT the work draft to HB
12, labeled 24-LS0058\N, Luckhaupt, 2/27/06. Representative
Kerttula OBJECTED. She requested an explanation for the new
CS.
REPRESENTATIVE BOB LYNN, CO-SPONSOR, noted that the bill is
designed to prevent people from watching TV while driving a
car. He explained that the CS adds a provision that
requires the Division of Motor Vehicles (DMV) to inform each
person issued a driver's license about the restrictions
listed in this bill.
1:49:56 PM
Representative Kerttula asked if the DMV could handle this
through regulation. She noted it was her understanding that
the committee did not like to write intent language into a
bill. She opposed changing the title and leaving the bill
too broad.
REPRESENTATIVE MAX GRUENBERG, CO-SPONSOR, stated opposition
to the new CS because it establishes an unwise precedent.
It sets up a situation where every change in traffic
regulations will need a clause like the one in the new CS.
There would also be a need for a fiscal note. Traffic laws
are established all the time without intent clauses. He
insisted that it is not necessary.
Representative Lynn argued that the CS is needed because the
information should appear in a driver's manual.
Representative Stoltze brought up a previous technology
discussion. Representative Lynn noted that the bill at
first appeared to be very simple until one considers all the
types of technology available.
Representative Joule asked if someone from DMV is present.
1:53:44 PM
Representative Joule also asked if the CS could be taken
care of by regulation.
CLIFF HUSTEAD, CHIEF CONSULTATION AND TRAINING, DIVISION OF
LABOR STANDARDS AND SAFETY, DEPARTMENT OF LABOR AND
WORKFORCE DEVELOPMENT, responded that the division could
immediately prepare a pamphlet handout of this issue for the
driver's handbook. He said he couldn't speak to the
question of statute vs. regulation. He pointed out that the
department is prepared to not send a fiscal note if that is
the committee's wish.
Representative Kerttula asked when the next scheduled
driver's manual is coming out. Mr. Hustead said it is in
the process right now. After that, one is printed in July
and on the shelf in September. Representative Kerttula
noted that the effective date of the bill is September 1.
She inquired, if the bill passes, if it could go into the
booklet. Mr. Hustead said it could.
1:56:06 PM
Representative Kelly inquired if there is something broader
based in statute that would cover this issue. Mr. Hustead
replied that the question would be better answered by the
Department of Public Safety because DMV does not have
enforcement authority.
Representative Gruenberg reported that currently it is a
violation to watch a DVD while driving. HB 12 would make it
a felony, which must be adopted by statute, not regulation.
He voiced concern about the title, "An Act relating to
driver's licenses …". He maintained that there are a number
of laws that already address driver's licenses. He said he
does not want this to be a "predatory fish" bill. The
provision at the end is only for a couple of months and will
not make any difference. He predicted that the bill would
be drastically changed throughout the process.
Co-Chair Meyer wondered if an amendment could be made if the
CS were adopted.
Representative Kerttula suggested a letter of intent be
written. She MAINTAINED her OBJECTION.
A roll call vote was taken on the motion.
IN FAVOR: Kelly, Stoltz, Foster, Holm, Meyer, Chenault
OPPOSED: Kerttula, Moses, Hawker, Joule
The MOTION PASSED (6-4).
Co-Chair Chenault asked for an explanation of the exclusion
of the use of a GPS in a vehicle. Representative Lynn
explained that GPS devices serve to determine location and
are no different than a speedometer or a fuel gauge. They
are just another instrument and are not similar to a TV or
DVD.
2:04:29 PM
Representative Holm requested more information about Section
1(2). He opined there is nothing wrong with having visual
information such as a GPS in the car.
Representative Stoltze noted that there is ever-evolving
technology. He thanked the sponsor for the notification-of-
public clause. Representative Lynn replied that it is only
fair.
Representative Joule asked if adding Section 2 would create
a fiscal note. Mr. Hustead replied that the department
would not be submitting a fiscal note for Section 2.
Representative Kelly commented that the word "monitor" is
too broad. He suggested "television or similar
entertainment device" might be more appropriate.
2:08:40 PM
Representative Gruenberg noted that was the intent of the
bill. The industry suggested the words "video monitor". He
suggested inserting the word "entertainment" before video.
Representative Kelly expressed discomfort with the
definitions. Representative Gruenberg and Representative
Lynn both agreed that inserting "entertainment" would be ok.
Representative Stoltze countered that he is not sure it
solves the problem. He pointed out that it is difficult to
predict technology.
Representative Hawker echoed Representative Kelly's
sentiments. He expressed concern about generic terms such
as "or any other similar means" to create a visual display.
He noted that his watch is a visual display. He wondered if
an iPod is ok. He questioned if the crime is worth a class
A felony. He stressed that the bill is problematic. He
concurred with Representative Kelly's concerns.
2:12:51 PM
Representative Kerttula requested a legal opinion.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW, spoke
to the question about iPods with video screens. She
suggested that the bill must look closely at each technology
separately and consider if it is a video monitor.
Representative Kerttula summarized that if there is no video
screen, there is no problem. She suggested that a criminal
court would look at each situation carefully and strictly.
Ms. Carpeneti agreed that the court would favor the
defendant.
Representative Hawker asked why cell phones aren't included.
Ms. Carpeneti pointed out that these are policy questions,
not legal questions.
Representative Kerttula MOVED to ADOPT Amendment 1:
Page 1, line 1: Delete "To driver's licenses and"
Page 1, line 2, following "vehicles;":
Insert "requiring that persons issued a driver's
license be informed of certain restrictions and
requirements concerning televisions, monitors, portable
computers, and similar devices in motor vehicles;"
Representative Stoltze OBJECTED for discussion purposes.
Representative Kerttula explained that the amendment changes
the title and has the direction to the DMV in it. She
deemed it necessary because the CS has been adopted.
2:17:54 PM
Co-Chair Meyer noted the difference in opinion by the two
sponsors regarding the title.
Representative Stoltz MAINTAINED his OBJECTION.
A roll call vote was taken on the motion.
IN FAVOR: Kerttula, Moses, Foster, Hawker, Joule
OPPOSED: Stoltze, Holm, Kelly, Chenault, Meyer
The MOTION FAILED (5-5).
2:20:09 PM
Representative Foster MOVED to REPORT CSHB 12 (FIN) out of
Committee with individual recommendations and the
accompanying zero fiscal notes. There being NO OBJECTION,
it was so ordered.
CSHB 12 (FIN) was REPORTED out of Committee with a "no
recommendation" and with new zero fiscal notes by the
Department of Administration, the Department of Law, and the
Department of Public Safety.
ADJOURNMENT
The meeting was adjourned at 2:22 PM
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