Legislature(1993 - 1994)

04/11/1994 04:15 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         April 11, 1994                                        
                            4:15 P.M.                                          
                                                                               
  TAPE HFC 94 - 121, Side 2, #000 - end.                                       
  TAPE HFC 94 - 122, Side 1, #000 - #664.                                      
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson  called the House  Finance Committee meeting                 
  to order at 4:15 P.M.                                                        
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson               Representative Hoffman                         
  Co-Chair MacLean              Representative Martin                          
  Vice-Chair Hanley             Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
  Representative Foster                                                        
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative Jeannette James; Representative Brian Porter;                 
  Representative  Jim  Nordlund;  Representative   Joe  Green;                 
  Representative David Finkelstein;  Representative Al  Vezey;                 
  Jeffery  Logan,  Staff,  Representative  Joe  Green;  Arthur                 
  Snowden,  Administrative  Director, Alaska  Judicial System;                 
  Dean  Guaneli, Chief,  Assistant Attorney  General, Criminal                 
  Division, Department of Law.                                                 
                                                                               
  SUMMARY                                                                      
  HB 222    An  Act  relating  to  landlords and  tenants,  to                 
            termination  of tenancies  and recovery  of rental                 
            premises, to tenant responsibilities, to the civil                 
            remedies  of  forcible  entry  and  detainer   and                 
            nuisance  abatement, and  to  the duties  of peace                 
            officers to notify landlords  of arrests involving                 
            certain illegal activity on rental premises.                       
                                                                               
            HB  222   was  HELD   in  Committee  for   further                 
            consideration.                                                     
  HB 334    An  Act  relating  to   criminal  sentencing;  and                 
            relating to mandatory  life imprisonment,  parole,                 
            good time credit, pardon, commutation of sentence,                 
            reprieve, furlough, and  service of sentence at  a                 
            correctional restitution center for offenders with                 
            at least three serious felony convictions.                         
                                                                               
                                                                               
                                1                                              
                                                                               
                                                                               
            CS HB 334 (FIN) was reported out of Committee with                 
            "no recommendations" and with fiscal notes  by the                 
            Department  of  Administration,  the Alaska  Court                 
            System and  the Department of Law and  with a zero                 
            fiscal note by the Department of Corrections.                      
  HB 351    An Act relating to the issuance of permits for the                 
            carrying of a concealed weapon.                                    
                                                                               
            CS HB 351 (FIN) was reported out of Committee with                 
            "do pass" recommendation and with fiscal notes  by                 
            the Department of Public Safety, the Office of the                 
            Governor and a zero fiscal  note by the Department                 
            of Law dated 3/25/94.                                              
  HB 400    An  Act  relating  to  administrative  proceedings                 
            involving  a determination  of  eligibility for  a                 
            permanent fund  dividend or authority  to claim  a                 
            dividend on behalf of another.                                     
                                                                               
            HB  400  was reported  out  of Committee  with "no                 
            recommendations"  and with  a fiscal  note  by the                 
            Department of Revenue.                                             
  HB 430    An Act requiring certain applicants for a driver's                 
            license to take a driver training course.                          
                                                                               
            CS HB 430 (FIN) was reported out of Committee with                 
            "no recommendations" and with a fiscal note by the                 
            Department of Public Safety.                                       
  HB 490    An  Act  allowing  a  local  bidder  preference in                 
            certain contracts for school construction.                         
                                                                               
            HB  490  was reported  out  of Committee  with "no                 
            recommendations"  and with  a fiscal  note  by the                 
            Department of Education dated 3/18/94.                             
  HOUSE BILL 351                                                               
                                                                               
       "An  Act relating  to the  issuance of permits  for the                 
       carrying of a concealed weapon."                                        
                                                                               
  Representative Martin called for the  question on a previous                 
  pending MOTION to  report CS HB  351 (FIN) out of  Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal notes.                                                                
                                                                               
  Representative Brown questioned if the restrictions proposed                 
  by the  Department of Public  Safety on unsafe  firearms had                 
  been addressed.                                                              
                                                                               
                                                                               
                                2                                              
                                                                               
                                                                               
  REPRESENTATIVE  JEANNETTE  JAMES  responded  that  there  is                 
  protection included in  the bill which would  guarantee that                 
  the permittee must take a safety  training class.  She added                 
  that Representative Brown's concerns would not be  addressed                 
  in the legislation.                                                          
                                                                               
  Co-Chair MacLean OBJECTED to  the motion to report  the bill                 
  from Committee.                                                              
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Parnell,  Therriault,   Foster,  Hanley,                 
                      Martin, Larson.                                          
       OPPOSED:       Brown, MacLean.                                          
                                                                               
  Representatives Grussendorf,  Hoffman and  Navarre were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  CS HB 351 (FIN) was reported out of Committee with "do pass"                 
  recommendation and  with a fiscal note by  the Department of                 
  Public Safety, the Office of the  Governor and a zero fiscal                 
  note by the Department of Law dated 3/25/94.                                 
  HOUSE BILL 400                                                               
                                                                               
       "An   Act   relating   to  administrative   proceedings                 
       involving  a   determination  of   eligibility  for   a                 
       permanent  fund  dividend  or  authority  to   claim  a                 
       dividend on behalf of another."                                         
                                                                               
  Representative  Hanley  MOVED  to  report   HB  400  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:      Therriault,  Hanley,  Martin,   Navarre,                 
                      Parnell, Larson.                                         
       OPPOSED:       Brown, Foster, Grussendorf, MacLean.                     
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  HB   400   was   reported   out   of  Committee   with   "no                 
  recommendations" and with a fiscal note by the Department of                 
  Revenue.                                                                     
  HOUSE BILL 430                                                               
                                                                               
                                3                                              
                                                                               
                                                                               
       "An Act  requiring  certain applicants  for a  driver's                 
       license to take a driver training course."                              
                                                                               
  JEFFERY LOGAN, STAFF, REPRESENTATIVE  JOE GREEN, pointed out                 
  that the  legislation would  establish new  rules for  young                 
  drivers.  Due to the high incidence of accidents, injury and                 
  death among teenage drivers, many states and other political                 
  jurisdictions  are changing the  rules which grant teenagers                 
  the "license"  to drive.   The  language of  the bill  would                 
  establish conditions during the provisional state  including                 
  restrictions on  night time  driving encouraging  driving in                 
  less dangerous circumstances.   He  added that studies  have                 
  shown that night time restrictions have reduced accidents.                   
                                                                               
  Representative Foster MOVED to adopt work draft #8-LS1608\E,                 
  Ford, 4/07/94  as the version  before the Committee.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
  Representative Grussendorf questioned the reference on  Page                 
  2,  Line  3,  which  states  that  the   permittee  must  be                 
  accompanied by a person at least twenty-five (25) years  old                 
  as opposed to the previous age of nineteen (19).  He thought                 
  that twenty-one would be a more appropriate age.                             
                                                                               
  REPRESENTATIVE JOE GREEN replied  that twenty-five years old                 
  is an  arbitrary  and maturation  number  and an  age  which                 
  insurance companies utilize.   Discussion followed regarding                 
  the maturation age of young adult drivers.                                   
                                                                               
  Co-Chair   MacLean   questioned  the   night   time  driving                 
  restrictions.  Mr.  Logan replied  that the restricted  time                 
  from 1 a.m. to 5 a.m. is found to be the most dangerous time                 
  for young adults to drive.                                                   
  Co-Chair MacLean asked  if the federal grants  referenced in                 
  the fiscal notes  as a funding  source were available.   Mr.                 
  Logan replied that  the federal grants would  be distributed                 
  under S-7.38, federal legislation  which established a grant                 
  program to implement the proposed legislation.                               
                                                                               
  Representative  Brown pointed  out that the  proposed fiscal                 
  note would be deficient  to cover the operating costs.   Mr.                 
  Logan  advised that  the authorizing  grant  legislation has                 
  passed the U.S. Senate  and currently is in the  U.S. House.                 
  Representative Brown reiterated that there will be a cost to                 
  the State of Alaska.                                                         
                                                                               
  Discussion  followed among  Committee members and  Mr. Logan                 
  regarding   the   provisional  driver's   license   and  the                 
  restrictions on driver's  license issued  to a person  under                 
  21.                                                                          
                                                                               
                                                                               
                                4                                              
                                                                               
                                                                               
  Co-Chair MacLean MOVED to amend Page 3, Section #3, deleting                 
  subsection  (c),   Lines  13-21.     Representative   Martin                 
  OBJECTED.                                                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown,   Foster,   Grussendorf,  Hanley,                 
                      Navarre, Larson, MacLean.                                
       OPPOSED:       Martin, Parnell, Therriault.                             
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (7-3).                                                     
                                                                               
  Representative Martin MOVED to report CS HB 430 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  Representative Navarre OBJECTED.                 
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Foster,    Hanley,   Martin,    Parnell,                 
                      Therriault, Larson.                                      
       OPPOSED:       Grussendorf, Navarre, Brown, MacLean.                    
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  CS  HB  430 (FIN)  was reported  out  of Committee  with "no                 
  recommendations"  and  with  a  zero   fiscal  note  by  the                 
  Department of Public Safety.                                                 
  HOUSE BILL 490                                                               
                                                                               
       "An Act allowing  a local bidder preference  in certain                 
       contracts for school construction."                                     
                                                                               
  Representative Brown pointed  out the  impact of the  fiscal                 
  note.                                                                        
                                                                               
  (Tape Change, HFC 94-122, Side 1).                                           
                                                                               
  REPRESENTATIVE AL VEZEY stated that currently, 4 AASC 31.080                 
  prohibits political subdivisions of the state  from granting                 
  a  local  bidder  preference  on  project  funded  under  AS                 
  13.11.011 - 12.11.020 and AS 14.11.100.   The bill would not                 
  mandate that  a local  bidder preference  be granted  but it                 
  would require that the Department  of Education (DOE) permit                 
  a local bidder preference if  the political subdivision sees                 
  fit to do so.                                                                
                                                                               
  Representative  Foster  MOVED  to  report   HB  490  out  of                 
                                                                               
                                5                                              
                                                                               
                                                                               
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  There  being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  HB   490   was   reported   out   of  Committee   with   "no                 
  recommendations" and with a fiscal note by the Department of                 
  Education.                                                                   
  HOUSE BILL 222                                                               
                                                                               
       "An  Act   relating  to  landlords   and  tenants,   to                 
       termination  of   tenancies  and  recovery   of  rental                 
       premises,  to  tenant  responsibilities,  to the  civil                 
       remedies of forcible  entry and  detainer and  nuisance                 
       abatement,  and  to  the duties  of  peace  officers to                 
       notify landlords of  arrests involving certain  illegal                 
       activity on rental premises."                                           
                                                                               
  Representative Therriault, Subcommittee Chair,  advised that                 
  HB 222 was  amended by  the subcommittee.   He explained  in                 
  detail the changes made to the legislation.                                  
                                                                               
  HB 222 was HELD in Committee for further consideration.                      
  HOUSE BILL 334                                                               
                                                                               
       "An Act relating  to criminal sentencing;  and relating                 
       to  mandatory  life  imprisonment,  parole,  good  time                 
       credit,  pardon,  commutation  of  sentence,  reprieve,                 
       furlough, and  service  of sentence  at a  correctional                 
       restitution center  for offenders  with at  least three                 
       serious felony convictions."                                            
                                                                               
  Representative Hanley MOVED TO RESCIND previous action taken                 
  on HB 334.  Co-Chair MacLean OBJECTED.  Representative Brown                 
  noted her  opposition urging  the Committee to  look at  the                 
  long-range costs of the bill.   She emphasized that the bill                 
  had  not   previously  been   reported  out   of  Committee,                 
  consequently,  amendments to  the  legislation would  be  in                 
  order.                                                                       
                                                                               
  Representative Brown MOVED to adopt Amendment #1 which would                 
  maintain limited discretion for Alaska judges for third time                 
  felons.  Under this amendment, there would be no possibility                 
  for parole, suspension or good time credit whereas all other                 
  aspects of the bill would continue to remain.                                
                                                                               
  DEAN  GUANELI, CHIEF,  ASSISTANT ATTORNEY  GENERAL, CRIMINAL                 
  DIVISION,  DEPARTMENT  OF LAW,  testified that  Amendment #1                 
  would be  a policy call of  the Legislature and he  spoke in                 
  support of it.                                                               
                                                                               
                                                                               
                                6                                              
                                                                               
                                                                               
  REPRESENTATIVE CON  BUNDE noted  that he  would support  the                 
  language provided by Amendment #1.                                           
                                                                               
  ARTHUR  SNOWDEN,  ADMINISTRATIVE  DIRECTOR, ALASKA  JUDICIAL                 
  SYSTEM, spoke in support of Amendment #1.                                    
                                                                               
  There being NO OBJECTION to Amendment #1, it was adopted.                    
                                                                               
  Representative Brown MOVED to adopt Amendment #2 which would                 
  remove Class B felonies.  Mr. Bunde explained that the third                 
  strike would be  action resulting from a  more serious crime                 
  than  the two preceding  crimes and  he would  consider that                 
  action to be an indication of a patterned behavior.                          
                                                                               
  Co-Chair  MacLean spoke  in support  of Amendment  #2.   Mr.                 
  Guaneli advised that the amendment would  be a "policy call"                 
  and not a legal question.  The first two strikes can include                 
  a short list of Class B  felonies, whereas, the third strike                 
  would result from a serious offense.                                         
                                                                               
  Mr. Guaneli continued stating that  the proposed legislation                 
  would result in much litigation to pursue a case.  The scope                 
  has been broadened making  the third strike more serious  to                 
  pursue  the sentencing  option.   Discussion followed  among                 
  Committee members and Mr. Guaneli regarding the restrictions                 
  proposed  by Amendment  2.   Representative Brown  proceeded                 
  providing the Committee  with a  full description of  crimes                 
  included in HB  334 without  the protection granted  through                 
  Amendment #2.                                                                
                                                                               
  Representative Parnell OBJECTED to adopting Amendment #2.                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Martin,   Therriault,   Brown,   Foster,                 
                      Larson, MacLean.                                         
       OPPOSED:       Hanley, Parnell.                                         
                                                                               
  Representative  Grussendorf, Navarre  and  Hoffman were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Co-Chair   MacLean  MOVED  TO   WITHDRAW  Amendment  #3  and                 
  Amendment  #4.     There  being  NO  OBJECTION,   they  were                 
  withdrawn.                                                                   
                                                                               
  Representative Hanley MOVED TO RESCIND  action on failure to                 
  pass HB 334 out  of Committee.  There being NO OBJECTION, it                 
  was so ordered.                                                              
                                                                               
  Representative Hanley MOVED to report CS HB 334 (FIN) out of                 
                                                                               
                                7                                              
                                                                               
                                                                               
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal  notes.   Representative Brown  OBJECTED                 
  stating  the legislation would  keep felons in  prison for a                 
  longer length,  an effect which  would substantially  impact                 
  the Department of Corrections.                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Hanley,  Martin,   Parnell,  Therriault,                 
                      Foster, Larson.                                          
       OPPOSED:       Brown, MacLean.                                          
                                                                               
  Representative  Hoffman,  Navarre and  Grussendorf  were not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  CS  HB  334 (FIN)  was reported  out  of Committee  with "no                 
  recommendations" and with fiscal notes  by the Department of                 
  Administration, the Alaska  Court System, the  Department of                 
  Law and a zero fiscal note by the Department of Corrections.                 
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 5:50 P.M.                                           
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         April 11, 1994                                        
                            4:15 P.M.                                          
                                                                               
  TAPE HFC 94 - 121, Side 2, #000 - end.                                       
  TAPE HFC 94 - 122, Side 1, #000 - #664.                                      
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called the  House Finance Committee  meeting                 
  to order at 4:15 P.M.                                                        
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson               Representative Hoffman                         
  Co-Chair MacLean              Representative Martin                          
  Vice-Chair Hanley             Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
  Representative Foster                                                        
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative Jeannette James; Representative Brian Porter;                 
  Representative  Jim  Nordlund;  Representative   Joe  Green;                 
  Representative David Finkelstein;  Representative Al  Vezey;                 
                                                                               
                                8                                              
                                                                               
                                                                               
  Jeffery  Logan,  Staff,  Representative  Joe  Green;  Arthur                 
  Snowden,  Administrative  Director, Alaska  Judicial System;                 
  Dean  Guaneli, Chief,  Assistant Attorney  General, Criminal                 
  Division, Department of Law.                                                 
                                                                               
  SUMMARY                                                                      
                                                                               
  HB 222    An  Act relating  to  landlords  and  tenants,  to                 
            termination  of tenancies  and recovery  of rental                 
            premises, to tenant responsibilities, to the civil                 
            remedies  of  forcible  entry  and  detainer   and                 
            nuisance  abatement, and  to the  duties of  peace                 
            officers to notify landlords  of arrests involving                 
            certain illegal activity on rental premises.                       
                                                                               
            HB   222  was  HELD   in  Committee   for  further                 
            consideration.                                                     
                                                                               
  HB 334    An  Act  relating  to   criminal  sentencing;  and                 
            relating to mandatory  life imprisonment,  parole,                 
            good time credit, pardon, commutation of sentence,                 
            reprieve, furlough, and service  of sentence at  a                 
            correctional restitution center for offenders with                 
            at least three serious felony convictions.                         
                                                                               
            CS HB 334 (FIN) was reported out of Committee with                 
            "no  recommendations" and with fiscal notes by the                 
            Department  of  Administration,  the Alaska  Court                 
            System and the  Department of Law and  with a zero                 
            fiscal note by the Department of Corrections.                      
                                                                               
  HB 351    An Act relating to the issuance of permits for the                 
            carrying of a concealed weapon.                                    
                                                                               
            CS HB 351 (FIN) was reported out of Committee with                 
            "do pass"  recommendation and with fiscal notes by                 
            the Department of Public Safety, the Office of the                 
            Governor and a zero fiscal  note by the Department                 
            of Law dated 3/25/94.                                              
                                                                               
  HB 400    An  Act  relating  to  administrative  proceedings                 
            involving  a determination  of  eligibility for  a                 
            permanent fund  dividend or  authority to claim  a                 
            dividend on behalf of another.                                     
                                                                               
            HB  400  was reported  out  of Committee  with "no                 
            recommendations"  and with  a fiscal  note by  the                 
            Department of Revenue.                                             
                                                                               
  HB 430    An Act requiring certain applicants for a driver's                 
            license to take a driver training course.                          
                                                                               
                                                                               
                                9                                              
                                                                               
                                                                               
            CS HB 430 (FIN) was reported out of Committee with                 
            "no recommendations" and with a fiscal note by the                 
            Department of Public Safety.                                       
                                                                               
  HB 490    An  Act  allowing  a local  bidder  preference  in                 
            certain contracts for school construction.                         
                                                                               
            HB  490  was reported  out  of Committee  with "no                 
            recommendations" and  with  a fiscal  note by  the                 
            Department of Education dated 3/18/94.                             
                                                                               
  HOUSE BILL 351                                                               
                                                                               
       "An  Act relating  to the  issuance of permits  for the                 
       carrying of a concealed weapon."                                        
                                                                               
  Representative Martin called for the  question on a previous                 
  pending MOTION to  report CS HB  351 (FIN) out of  Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal notes.                                                                
                                                                               
  Representative Brown questioned if the restrictions proposed                 
  by the  Department of Public  Safety on unsafe  firearms had                 
  been addressed.                                                              
                                                                               
  REPRESENTATIVE  JEANNETTE  JAMES  responded  that  there  is                 
  protection included in  the bill which would  guarantee that                 
  the permittee must take a safety  training class.  She added                 
  that Representative  Brown's concerns would not be addressed                 
  in the legislation.                                                          
                                                                               
  Co-Chair MacLean OBJECTED to  the motion to report the  bill                 
  from Committee.                                                              
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Parnell,  Therriault,  Foster,   Hanley,                 
                      Martin, Larson.                                          
       OPPOSED:       Brown, MacLean.                                          
                                                                               
  Representatives Grussendorf,  Hoffman and  Navarre were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  CS HB 351 (FIN) was reported out of Committee with "do pass"                 
  recommendation and with  a fiscal note by  the Department of                 
  Public Safety, the Office of the  Governor and a zero fiscal                 
  note by the Department of Law dated 3/25/94.                                 
                                                                               
  HOUSE BILL 400                                                               
                                                                               
                                                                               
                               10                                              
                                                                               
                                                                               
       "An   Act   relating   to  administrative   proceedings                 
       involving  a   determination  of   eligibility  for   a                 
       permanent  fund  dividend  or   authority  to  claim  a                 
       dividend on behalf of another."                                         
                                                                               
  Representative  Hanley  MOVED  to  report   HB  400  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:      Therriault,  Hanley,  Martin,   Navarre,                 
                      Parnell, Larson.                                         
       OPPOSED:       Brown, Foster, Grussendorf, MacLean.                     
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  HB   400   was   reported   out   of  Committee   with   "no                 
  recommendations" and with a fiscal note by the Department of                 
  Revenue.                                                                     
                                                                               
  HOUSE BILL 430                                                               
                                                                               
       "An Act  requiring certain  applicants  for a  driver's                 
       license to take a driver training course."                              
                                                                               
  JEFFERY LOGAN, STAFF, REPRESENTATIVE JOE GREEN,  pointed out                 
  that the  legislation would  establish new  rules for  young                 
  drivers.  Due to the high incidence of accidents, injury and                 
  death among teenage drivers, many states and other political                 
  jurisdictions are changing  the rules which  grant teenagers                 
  the "license"  to drive.   The  language of  the bill  would                 
  establish conditions during  the provisional state including                 
  restrictions  on night time  driving encouraging  driving in                 
  less dangerous circumstances.   He  added that studies  have                 
  shown that night time restrictions have reduced accidents.                   
                                                                               
  Representative Foster MOVED to adopt work draft #8-LS1608\E,                 
  Ford, 4/07/94  as the version  before the Committee.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
  Representative Grussendorf questioned  the reference on Page                 
  2,  Line  3,   which  states  that  the  permittee  must  be                 
  accompanied by a person at  least twenty-five (25) years old                 
  as opposed to the previous age of nineteen (19).  He thought                 
  that twenty-one would be a more appropriate age.                             
                                                                               
  REPRESENTATIVE JOE GREEN replied that twenty-five  years old                 
  is  an  arbitrary and  maturation  number and  an  age which                 
                                                                               
                               11                                              
                                                                               
                                                                               
  insurance companies utilize.   Discussion followed regarding                 
  the maturation age of young adult drivers.                                   
                                                                               
  Co-Chair   MacLean   questioned  the   night   time  driving                 
  restrictions.  Mr.  Logan replied  that the restricted  time                 
  from 1 a.m. to 5 a.m. is found to be the most dangerous time                 
  for young adults to drive.                                                   
  Co-Chair MacLean asked  if the federal grants  referenced in                 
  the fiscal notes  as a funding  source were available.   Mr.                 
  Logan replied that  the federal grants would  be distributed                 
  under S-7.38, federal legislation which established a  grant                 
  program to implement the proposed legislation.                               
                                                                               
  Representative Brown pointed  out that  the proposed  fiscal                 
  note would be deficient  to cover the operating costs.   Mr.                 
  Logan advised  that  the authorizing  grant legislation  has                 
  passed the U.S. Senate  and currently is in the  U.S. House.                 
  Representative Brown reiterated that there will be a cost to                 
  the State of Alaska.                                                         
                                                                               
  Discussion followed among  Committee members  and Mr.  Logan                 
  regarding   the   provisional  driver's   license   and  the                 
  restrictions on driver's  license issued  to a person  under                 
  21.                                                                          
                                                                               
  Co-Chair MacLean MOVED to amend Page 3, Section #3, deleting                 
  subsection   (c),  Lines   13-21.     Representative  Martin                 
  OBJECTED.                                                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown,   Foster,  Grussendorf,   Hanley,                 
                      Navarre, Larson, MacLean.                                
       OPPOSED:       Martin, Parnell, Therriault.                             
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (7-3).                                                     
                                                                               
  Representative Martin MOVED to report CS HB 430 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  Representative Navarre OBJECTED.                 
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Foster,    Hanley,    Martin,   Parnell,                 
                      Therriault, Larson.                                      
       OPPOSED:       Grussendorf, Navarre, Brown, MacLean.                    
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
                               12                                              
                                                                               
                                                                               
  CS  HB  430 (FIN)  was reported  out  of Committee  with "no                 
  recommendations"  and  with  a  zero   fiscal  note  by  the                 
  Department of Public Safety.                                                 
                                                                               
  HOUSE BILL 490                                                               
                                                                               
       "An Act allowing  a local bidder preference  in certain                 
       contracts for school construction."                                     
                                                                               
  Representative Brown pointed  out the  impact of the  fiscal                 
  note.                                                                        
                                                                               
  (Tape Change, HFC 94-122, Side 1).                                           
                                                                               
  REPRESENTATIVE AL VEZEY stated that currently, 4 AASC 31.080                 
  prohibits political subdivisions of  the state from granting                 
  a  local  bidder  preference  on  project  funded  under  AS                 
  13.11.011 - 12.11.020 and AS 14.11.100.   The bill would not                 
  mandate that  a local  bidder preference  be granted  but it                 
  would require that the Department  of Education (DOE) permit                 
  a local bidder preference if  the political subdivision sees                 
  fit to do so.                                                                
                                                                               
  Representative  Foster  MOVED  to  report   HB  490  out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying  fiscal note.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  HB   490   was   reported   out   of  Committee   with   "no                 
  recommendations" and with a fiscal note by the Department of                 
  Education.                                                                   
                                                                               
  HOUSE BILL 222                                                               
                                                                               
       "An  Act   relating  to   landlords  and  tenants,   to                 
       termination  of  tenancies   and  recovery  of   rental                 
       premises, to  tenant  responsibilities,  to  the  civil                 
       remedies of  forcible entry and  detainer and  nuisance                 
       abatement,  and  to  the duties  of  peace  officers to                 
       notify landlords  of arrests involving  certain illegal                 
       activity on rental premises."                                           
                                                                               
  Representative Therriault, Subcommittee Chair,  advised that                 
  HB 222 was  amended by  the subcommittee.   He explained  in                 
  detail the changes made to the legislation.                                  
                                                                               
  HB 222 was HELD in Committee for further consideration.                      
                                                                               
  HOUSE BILL 334                                                               
                                                                               
       "An Act  relating to criminal sentencing;  and relating                 
                                                                               
                               13                                              
                                                                               
                                                                               
       to  mandatory  life  imprisonment,  parole,  good  time                 
       credit,  pardon,  commutation  of  sentence,  reprieve,                 
       furlough,  and service  of sentence  at a  correctional                 
       restitution center  for offenders with  at least  three                 
       serious felony convictions."                                            
                                                                               
  Representative Hanley MOVED TO RESCIND previous action taken                 
  on HB 334.  Co-Chair MacLean OBJECTED.  Representative Brown                 
  noted her  opposition urging  the Committee to  look at  the                 
  long-range costs of the bill.   She emphasized that the bill                 
  had  not   previously  been  reported   out  of   Committee,                 
  consequently,  amendments to  the  legislation  would be  in                 
  order.                                                                       
                                                                               
  Representative Brown MOVED to adopt Amendment #1 which would                 
  maintain limited discretion for Alaska judges for third time                 
  felons.  Under this amendment, there would be no possibility                 
  for parole, suspension or good time credit whereas all other                 
  aspects of the bill would continue to remain.                                
                                                                               
  DEAN  GUANELI, CHIEF,  ASSISTANT ATTORNEY  GENERAL, CRIMINAL                 
  DIVISION,  DEPARTMENT OF  LAW, testified  that  Amendment #1                 
  would be a  policy call of the  Legislature and he spoke  in                 
  support of it.                                                               
                                                                               
  REPRESENTATIVE CON  BUNDE noted  that he  would support  the                 
  language provided by Amendment #1.                                           
                                                                               
  ARTHUR  SNOWDEN,  ADMINISTRATIVE  DIRECTOR, ALASKA  JUDICIAL                 
  SYSTEM, spoke in support of Amendment #1.                                    
                                                                               
  There being NO OBJECTION to Amendment #1, it was adopted.                    
                                                                               
  Representative Brown MOVED to adopt Amendment #2 which would                 
  remove Class B felonies.  Mr. Bunde explained that the third                 
  strike would be  action resulting from a more  serious crime                 
  than the  two preceding  crimes and  he would consider  that                 
  action to be an indication of a patterned behavior.                          
                                                                               
  Co-Chair MacLean  spoke in  support  of Amendment  #2.   Mr.                 
  Guaneli advised  that the amendment would be a "policy call"                 
  and not a legal question.  The first two strikes can include                 
  a short list of Class B  felonies, whereas, the third strike                 
  would result from a serious offense.                                         
                                                                               
  Mr. Guaneli continued stating that the proposed  legislation                 
  would result in much litigation to pursue a case.  The scope                 
  has been broadened making the  third strike more serious  to                 
  pursue  the  sentencing option.   Discussion  followed among                 
  Committee members and Mr. Guaneli regarding the restrictions                 
  proposed by  Amendment  2.   Representative Brown  proceeded                 
  providing the Committee  with a  full description of  crimes                 
                                                                               
                               14                                              
                                                                               
                                                                               
  included in HB  334 without  the protection granted  through                 
  Amendment #2.                                                                
                                                                               
  Representative Parnell OBJECTED to adopting Amendment #2.                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Martin,   Therriault,   Brown,   Foster,                 
                      Larson, MacLean.                                         
       OPPOSED:       Hanley, Parnell.                                         
                                                                               
  Representative  Grussendorf, Navarre  and  Hoffman were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Co-Chair  MacLean   MOVED  TO  WITHDRAW  Amendment   #3  and                 
  Amendment  #4.     There  being  NO  OBJECTION,   they  were                 
  withdrawn.                                                                   
                                                                               
  Representative Hanley MOVED TO RESCIND  action on failure to                 
  pass HB 334 out of Committee.   There being NO OBJECTION, it                 
  was so ordered.                                                              
                                                                               
  Representative Hanley MOVED to report CS HB 334 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying  fiscal notes.   Representative  Brown OBJECTED                 
  stating the legislation  would keep felons  in prison for  a                 
  longer length,  an effect  which would substantially  impact                 
  the Department of Corrections.                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Hanley,  Martin,  Parnell,   Therriault,                 
                      Foster, Larson.                                          
       OPPOSED:       Brown, MacLean.                                          
                                                                               
  Representative  Hoffman, Navarre  and  Grussendorf were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  CS  HB  334 (FIN)  was reported  out  of Committee  with "no                 
  recommendations" and with fiscal notes  by the Department of                 
  Administration, the  Alaska Court System, the  Department of                 
  Law and a zero fiscal note by the Department of Corrections.                 
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 5:50 P.M.                                           
                                                                               
                                                                               
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