Legislature(1993 - 1994)
04/05/1993 08:35 AM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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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