Legislature(1993 - 1994)

04/05/1993 08:35 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                          April 5, 1993                                        
                            8:35 a.m.                                          
                                                                               
  TAPE HFC 93-93, Side 1, #000 - end.                                          
  TAPE HFC 93-93, Side 2, #000 - 193.                                          
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called the House  Finance Committee to order                 
  at 8:35 a.m.                                                                 
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson             Representative Hoffman                           
                                Representative Martin                          
  Vice-Chair Hanley           Representative Navarre                           
  Representative Brown        Representative Parnell                           
  Representative Foster       Representative Therriault                        
  Representative Grussendorf                                                   
                                                                               
  Co-Chair MacLean was absent from the meeting.                                
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative Mackie;  Max Gifford,  Staff, Senator  Kelly;                 
  Juanita  Hensely,  Chief,  Driver's  Safety,  Department  of                 
  Public Safety; Geron Bruce,  Legislative Liaison, Department                 
  of Fish and Game;  Pat O'Brien, Division of Family  of Youth                 
  Services, Department of Health and Social Services.                          
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  HB 3 "An Act  relating to  public home  care providers;  and                 
       providing for an effective date."                                       
                                                                               
            HB  3 was  reported out  of Committee  with  a "do                 
            pass" recommendation  and with a zero  fiscal note                 
            by the Department of Administration, dated 3/10/93                 
            and with a fiscal impact note by the Department of                 
            Health and Social Services and  with a zero fiscal                 
            note  by  the  Department  of  Health  and  Social                 
            Services.                                                          
                                                                               
  HB 172    "An Act relating to  the wildlife conservation tag                 
            and  to   entry  onto  state   game  and  wildlife                 
            sanctuaries,  state  game  refuges,   state  range                 
            areas, and fish  and game critical  habitat areas;                 
            and providing for an effective date."                              
                                                                               
            CSHB 172 (FIN) was reported  out of Committee with                 
            "no recommendation" and with  a fiscal impact note                 
            by the Department of Fish and Game, dated 3/5/93.                  
                                                                               
                                                                               
  SB 47     "An Act relating to equipment for and registration                 
            of custom collector vehicles; and providing for an                 
            effective date."                                                   
                                                                               
            SSSB 47  was reported  out of  Committee with  "no                 
            recommendation" and with  a fiscal impact  note by                 
            the Department of Public Safety, dated 1/27/93.                    
                                                                               
  HJR 9     Proposing an amendment to the Constitution  of the                 
            State  of  Alaska  prohibiting  the imposition  of                 
            state personal  income taxation, state  ad valorem                 
            taxation on  real property, or state  retail sales                 
            taxation without the approval of the voters of the                 
            state.                                                             
                                                                               
            HJR 9 was HELD in Committee.                                       
  HOUSE JOINT RESOLUTION NO. 9                                                 
                                                                               
       Proposing an amendment to the Constitution of the State                 
       of Alaska prohibiting the imposition  of state personal                 
       income  taxation,  state  ad valorem  taxation  on real                 
       property,  or state retail  sales taxation  without the                 
       approval of the voters of the state.                                    
                                                                               
  Representative Martin noted  that the issue has  been around                 
  about 10 years.  He stressed  that most other states require                 
  that taxes  are approved  by two-thirds  of the  legislative                 
  body.  He asserted that voters generally allow new taxes for                 
  education and highways.  He asserted that Alaska is the only                 
  state where a simple majority of the legislature can  impose                 
  a tax on residents.                                                          
                                                                               
  Representative  Martin clarified that "ad valorem" taxes are                 
  personal taxes in proportion to value.                                       
                                                                               
  Representative Grussendorf spoke against HJR 9.  He stressed                 
  the  difficulty  the legislative  body  has in  making tough                 
  decisions  regarding the increase of revenues.                               
                                                                               
  Representative  Martin  stated that  HJR  9 does  not affect                 
  local  taxes.    Representative  Grussendorf  asserted  that                 
  revenue  decisions  by  the State  affects  municipal fiscal                 
  policies.                                                                    
                                                                               
  Representative Martin MOVED to report HJR 9 out of Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal notes.  Representative Grussendorf  OBJECTED.  A roll                 
  call vote was taken on the motion.                                           
                                                                               
  IN FAVOR: Hanley, Martin, Parnell, Therriault, Larson                        
  OPPOSED:  Foster, Grussendorf, Hoffman, Navarre                              
                                                                               
  Co-Chair MacLean  and Representative Brown were  absent from                 
                                                                               
                                                                               
  the vote.                                                                    
                                                                               
  HJR 9 was HELD in Committee.                                                 
  SENATE BILL NO. 47                                                           
                                                                               
       "An Act relating  to equipment for and  registration of                 
       custom  collector   vehicles;  and  providing   for  an                 
       effective date."                                                        
                                                                               
  MAX GIFFORD,  STAFF, SENATOR  KELLY explained  that SSSB  47                 
  provides that pre  1949 vehicles can  be driven if they  met                 
  safety  and  regulatory  requirements.   Cars  must  also be                 
  registered as a "custom classic vehicle" with the Department                 
  of Public Safety.   There is a $50 dollar  registration fee.                 
  Approximately 200 vehicles would be  eligible.  Cars without                 
  bumpers, fenders  and hoods are  not allowed  on the  street                 
  under current law.    Sponsor Substitute for Senate  Bill 47                 
  would  allow  exceptions   for  registered  custom   classic                 
  vehicle.                                                                     
                                                                               
  Representative Navarre  noted that  some older vehicles  are                 
  considered classics.   Mr. Gifford  obsevered that 1948  was                 
  the last year  that side boards were  built.  Representative                 
  Navarre suggested the date be changed  to 1959.  Mr. Gifford                 
  stressed that the legislation is based on programs developed                 
  in other states.   He  added that the  Department of  Public                 
  Safety supports the 1948 cut off date.                                       
                                                                               
  Representative  Navarre emphasized that  the lack  of safety                 
  elements; such as  bumpers and hoods would  place additional                 
  safety hazardous on roads.                                                   
                                                                               
  Mr. Gifford noted  that classic  cars are  insured for  less                 
  than  regular  vehicles   due  to  their  low   incident  of                 
  accidents.                                                                   
                                                                               
  Representative  Navarre  asked  if  the  sponsor  considered                 
  basing eligibility on the age of the vehicle.  For instance,                 
  cars  over 35 years  of age would be  included.  Mr. Gifford                 
  stated that  the sponsor  did consider  this  approach.   He                 
  concluded that the  statutes could be amended  in the future                 
  to allow an age approach.                                                    
                                                                               
  JUANITA  HENSLEY,  CHIEF,  DRIVER'S  SAFETY,  DEPARTMENT  OF                 
  PUBLIC  SAFETY  stated  that  the  Department's  position is                 
  neutral in  regards to  SSSB 47.   She noted  that only  200                 
  vehicles would be  affected by SSSB  47.  She observed  that                 
  the average  of age  of classic  car drivers  is in the  mid                 
  forties.  She stressed  that the average worth of  a classic                 
  vehicle is $15,000 thousand dollars.                                         
                                                                               
  Representative  Grussendorf  noted  that  he  had   received                 
  correspondence questioning  SSSB 47.   Ms.  Hensley observed                 
                                                                               
                                                                               
  that an Anchorage police officer has expressed his concerns.                 
                                                                               
                                                                               
  Ms. Hensley pointed out that the Department would reconsider                 
  its position on SSSB  47 if the eligibility date  is changed                 
  to 1959.  She stressed  that older vehicles containing hoods                 
  and  bumpers  could  be  modified  under  if  the  dated  is                 
  extended.                                                                    
                                                                               
  Representative  Foster  MOVED  to  report  SSSB  47  out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.   Representative Navarre OBJECTED.                 
                                                                               
                                                                               
  Representative Navarre MOVED  to Amend  SSSB 47 by  deleting                 
  "1949"  and   inserting  "1959".     Representative   Hanley                 
  OBJECTED.  A roll call vote was taken on the motion.                         
                                                                               
  IN FAVOR: Navarre, Hoffman                                                   
  OPPOSED:  Grussendorf,  Foster,  Hanley,   Martin,  Parnell,                 
                 Therriault, Larson                                            
                                                                               
  Co-Chair  MacLean and Representative  Brown were absent from                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (2-7).                                                     
                                                                               
  Representative  Foster  MOVED  to  report  SSSB  47  out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  There being NO  OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  SSSB   47   was   reported  out   of   Committee   with  "no                 
  recommendation"  and  with  a  fiscal  impact  note  by  the                 
  Department of Public Safety, dated 1/27/93.                                  
  HOUSE BILL NO. 3                                                             
                                                                               
       "An Act  relating to  public home  care providers;  and                 
       providing for an effective date."                                       
                                                                               
  REPRESENTATIVE MACKIE  noted that HB  3, An Act  relating to                 
  public home care providers, restricts the  ability of a home                 
  care  provider  to  assume power  of  attorney  and requires                 
  criminal background checks on  any individual providing home                 
  care services paid  for by  public funds for  an elderly  or                 
  disabled person.                                                             
                                                                               
  Representative Mackie stressed  that HB 3 will  provide some                 
  protection  to  elderly  and  disabled  persons  from  those                 
  responsible for their  care.  He asserted  that these groups                 
  are  particularly  vulnerable  to   abuse  because  of  age,                 
  illness,  disability  and the  isolation  of being  alone in                 
  their home with a care giver.                                                
                                                                               
                                                                               
  Representative Mackie  emphasized  that it  is important  to                 
  take  these steps now,  while Alaska is  on the brink  of an                 
  explosion  in  home care  services.   He  stressed  that the                 
  state's senior  citizen population is rapidly  expanding and                 
  the state has  just received approval for  a Medicaid Waiver                 
  to  provide  home   and  community  based  services   as  an                 
  alternative  to institutionalization.    He maintained  that                 
  once  the  Medicaid Waiver  is  effective,  and  there is  a                 
  payment system  available for expanded home  based services,                 
  the home care services industry will  see rapid growth.  The                 
  bill also requires background checks  on home care providers                 
  paid through Older  Alaskans Commission grants,  and respite                 
  care providers paid through the Division of Family and Youth                 
  Services.                                                                    
                                                                               
  Representative Mackie  noted that  the Department  of Health                 
  and  Social Services  is  required to  implement regulations                 
  identifying actions to  be taken upon  reports of harm by  a                 
  home care provider; it also  protects the due process rights                 
  of the provider.   The companion  bill, HB 4, provides  that                 
  conviction of a person licensed, certified or regulated by a                 
  board or the Department of Commerce, for abuse of an elderly                 
  or disabled person may be considered ground for disciplinary                 
  proceedings or sanctions.                                                    
                                                                               
  Representative Mackie pointed  out that  30 percent of  back                 
  ground checks made by the Department of Public Safety have a                 
  criminal history.  He provided  members with a letter citing                 
  abuses of elderly nursing patients (Attachment 1).                           
                                                                               
  Representative  Parnell asked  if a  family member can  be a                 
  home care provider under state contract.                                     
                                                                               
  PAT O'BRIEN, FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH                 
  AND SOCIAL SERVICES clarified that it would be unusual for a                 
  family member to be a contract care provider.                                
                                                                               
  Representative  Hanley asked  if  "held jointly"  means that                 
  both   powers   of   attorney   would   have   to   execute.                 
  Representative    Mackie    replied    that   they    would.                 
  Representative Hanley noted  that the spouse of  the primary                 
  power of attorney could be the second power of attorney.  He                 
  asserted that it  would be easy  for couples to abuse  their                 
  charge.  He suggested that the  second power of attorney not                 
  be the spouse.                                                               
                                                                               
  Representative  Martin  expressed  concern with  the  fiscal                 
  cost.  Representative Mackie clarified  that no new programs                 
  would be created.   He pointed out that the  current program                 
  is funded through federal Medicaid funds.  He noted that the                 
  legislation    only    changes    employment   requirements.                 
  Representative Martin stresssed that background checks would                 
  be  mandated.  The  funding source of  background checks was                 
                                                                               
                                                                               
  not specified.                                                               
                                                                               
  Representative Parnell MOVED to report HB 3 out of Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal notes.  There being NO OBJECTION, it was so ordered.                  
                                                                               
  HB  3  was  reported  out  of  Committee with  a  "do  pass"                 
  recommendation and with a zero fiscal note by the Department                 
  of Administration, dated  3/10/93 and  with a fiscal  impact                 
  note by  the Department  of Health  and Social Services  and                 
  with a  zero fiscal  note by  the Department  of Health  and                 
  Social Services.                                                             
  HOUSE BILL NO. 172                                                           
                                                                               
       "An Act relating  to the wildlife conservation  tag and                 
       to  entry onto  state  game  and wildlife  sanctuaries,                 
       state game  refuges, state  range areas,  and fish  and                 
       game  critical  habitat  areas; and  providing  for  an                 
       effective date."                                                        
                                                                               
  Representative  Foster  provided  members  with a  Committee                 
  Substitute for HB 172, Work Draft 8-LS0650\K (Attachment 2).                 
  Representative Foster explained  amendments to HB 172.   The                 
  first amendment deletes  the ability of the  Commissioner of                 
  Department  of  Fish and  Game  to designate  by regulation,                 
  areas of the state  where the tag would  be mandatory.   The                 
  Commissioner  may  request  the   legislature  to  designate                 
  additional areas where the tag would be required.                            
                                                                               
  Representative Foster observed that the second amendment was                 
  requested by Co-Chair MacLean.  The second amendment exempts                 
  Alaskan residents from  the tag requirement.   The tag would                 
  be required  for nonresidents  visiting, or  applying for  a                 
  permit to  visit the McNeil  river Sanctuary  or the  Walrus                 
  Island Sanctuary.                                                            
                                                                               
  Representative Foster  MOVED to ADOPT,  Committee Substitute                 
  for  HB  172,  Work  Draft  8-LS0650\K.     There  being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Representative Brown asked  if all  state game and  wildlife                 
  sanctuaries are included.                                                    
                                                                               
  GERON  BRUCE, LEGISLATIVE  LIAISON, DEPARTMENT  OF FISH  AND                 
  GAME  clarified  that  areas  other  than the  McNeil  river                 
  Sanctuary and Walrus Island Sanctuary would not be included.                 
  The  Commissioner  may request  the  legislature to  include                 
  other areas through additional legislation.                                  
                                                                               
  (Tape Change, HFC 93-93, Side 2)                                             
                                                                               
  Representative  Parnell  expressed concerns  regarding equal                 
  protection  provisions.   Representative Hanley  assured him                 
                                                                               
                                                                               
  that Legal Counsel advised that  equal protection should not                 
  create a problem with the legislation.                                       
                                                                               
  Mr. Bruce commented  that the second amendment  would reduce                 
  revenues  to support  the program.   He emphasized  that the                 
  program may take  longer to reach fruition  with the reduced                 
  funding.                                                                     
                                                                               
  Mr.  Bruce  clarified,   in  response   to  a  question   by                 
  Representative Martin, that  a permit is  needed to land  on                 
  Walrus Island.                                                               
                                                                               
  Representative Hanley noted  that tag purchases will  not in                 
  all  cases  be voluntary.    Representative Hanley  MOVED to                 
  delete "voluntary"  from page  2, line  5.   There being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Representative  Martin  expressed concern  that out-of-state                 
  visitors will be treated differently.                                        
                                                                               
  Representative Foster MOVED to report CSHB 172  (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  Representative Parnell OBJECTED.                 
  He reiterated  his concern that  the legislation will  be in                 
  conflict with equal protection requirements.  Representative                 
  Grussendorf did felt that CSHB 172 (FIN) would be upheld.                    
                                                                               
  Representative  Brown noted that a  new fiscal note from the                 
  Department of Fish and Game will be needed.  Co-Chair Larson                 
  noted  that  the  bill  will  be  transmitted   with  a  new                 
  Department of Fish and Game fiscal note.                                     
                                                                               
  A roll call  vote was taken on  the motion to move  CSHB 172                 
  (FIN) from committee.                                                        
                                                                               
  IN FAVOR: Brown,  Grussendorf,  Hoffman,   Navarre,  Foster,                 
                 Hanley, Therriault, Larson                                    
  OPPOSED:  Martin, Parnell                                                    
                                                                               
  Co-Chair MacLean was absent from the vote.                                   
                                                                               
  The MOTION PASSED (8-2).                                                     
                                                                               
  CSHB 172  (FIN)  was  reported  out of  Committee  with  "no                 
  recommendation"  and  with  a  fiscal  impact  note  by  the                 
  Department of Fish and Game, dated 3/5/93.                                   
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 9:28 a.m.                                           

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