Legislature(1993 - 1994)
03/24/1994 08:35 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
March 24, 1994
8:35 A.M.
TAPE HFC 94 - 81, Side 2, #000 - end.
TAPE HFC 94 - 82, Side 1, #000 - #336.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 8:35 A.M.
PRESENT
Co-Chair Larson Representative Foster
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Hoffman was not present for the meeting.
ALSO PRESENT
Representative Bill Hudson; Representative Gail Phillips;
Laddie Shaw, Executive Director, Alaska Police Standards
Council, Department of Public Safety; Clark Gruening, Alaska
Visitor's Association, Juneau; Ken Erickson, Staff to
Senator Drue Pearce; Paul Rusanowski, Director, Division of
Governmental Coordination, Office of Governor.
SUMMARY
SB 238 An Act establishing a procedure for review of
proposed projects under the Alaska coastal
management program, and relating to petitions for
compliance with and enforcement of district
coastal management programs under that program and
to the disposition of those petitions.
SB 238 was HELD in Committee for further
consideration.
HB 300 An Act relating to civil liability for commercial
recreational activities; and providing for an
effective date.
CS HB 300 (JUD) was reported out of Committee with
a "do pass" recommendation and with zero fiscal
notes by the Department of Administration and the
Department of Commerce and Economic Development.
1
HB 302 An Act excluding certain recreational activities
sponsored by an employer from coverage provided
under workers' compensation, unless participation
is required as a condition of employment; and
providing for an effective date.
HB 302 was HELD in Committee for further
consideration.
HB 319 An Act relating to the training of law enforcement
and corrections officers; to the establishment of
surcharges to be assessed for violations of
certain traffic offenses; creating the Alaska
Police Standards Training Fund; and providing for
an effective date.
CS HB 319 (FIN) was reported out of Committee with
"no recommendations" and with a fiscal note by the
Department of Public Safety and zero fiscal notes
by the Alaska Court System and the Department of
Law.
HOUSE BILL 319
"An Act relating to the training of law enforcement and
corrections officers; to the establishment of
surcharges to be assessed for violations of certain
traffic offenses; creating the Alaska Police Standards
Training Fund; and providing for an effective date."
LADDIE SHAW, EXECUTIVE DIRECTOR, ALASKA POLICE STANDARDS
COUNCIL, DEPARTMENT OF PUBLIC SAFETY, updated the Committee
stating that the fiscal notes had been changed and that the
effective date would become January 1, 1996. An RSA
adjustment had been made to the Alaska Court System note
under the contractual component. Discussion followed among
Committee members regarding the fiscal needs for police and
officer training.
Co-Chair MacLean advised that during the interim the
Governor had established a Contract Jail Task Force which
summarized the need for statewide correction and peace
officer training. Representative MacLean suggested that the
funds generated from the surcharge could be used for
training needs.
Representative Brown inquired how the program could be
introduced to rural areas. Mr. Shaw noted that currently
there are a number of satellite dishes which are not used
during the entire day. The Department could use those
satellite dishes effectively for a small cost. The
2
intention initially, would be to coordinate with the
distance learning base through software programs.
Co-Chair MacLean MOVED to adopt work draft 8-LS1237\R,
Luckhaupt, 3/16/94 for HB 319. There being NO OBJECTION, it
was adopted.
Representative Brown MOVED to adopt Amendment #1 which would
delete the $10 dollar surcharge while keeping the $25 dollar
surcharge for the more serious violations. [Copy on file].
Co-Chair MacLean OBJECTED.
A roll call vote was taken on the MOTION.
IN FAVOR: Brown
OPPOSED: Hanley, Martin, Navarre, Parnell,
Therriault, Foster, Larson, MacLean
Representatives Grussendorf and Hoffman were not present for
the vote.
The MOTION FAILED (1-8).
Co-Chair MacLean MOVED to report CS HB 319 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTIONS, it
was so ordered.
CS HB 319 (FIN) was reported out of Committee with "no
recommendations" and with a fiscal note by the Department of
Public Safety and zero fiscal notes by the Alaska Court
System and the Department of Law.
HOUSE BILL 302
"An Act excluding certain recreational activities
sponsored by an employer from coverage provided under
workers' compensation, unless participation is required
as a condition of employment; and providing for an
effective date."
Representative Navarre requested that the House Finance
Committee WAIVE HB 302 from Committee. He advised that the
legislation would exclude certain sport officials and
recreational activities sanctioned by an employer from
coverage provided under worker's compensation. Discussion
followed among Committee members regarding the bill and the
action.
Co-Chair Larson acknowledged the request and offered to
present the recommendation on the House floor the following
day (3/25/94) unless members objected.
3
HB 302 was HELD in Committee for further discussion.
HOUSE BILL 300
"An Act relating to civil liability for commercial
recreational activities; and providing for an effective
date."
REPRESENTATIVE BILL HUDSON stated that the proposed
legislation has the support of the Alaska Visitors
Association and the Alaska Wilderness Recreation
Association. HB 300 was introduced to establish
responsibility of persons who operate and participate in
commercial recreational activities. Representative Hudson
added that similar legislation introduced in Colorado
impacted the state by decreasing insurance premiums fifteen
to twenty percent (15% -20%).
Representative Navarre noted his concern with Sec.
05.45.020, "Contributory Negligence" and asked if the
language was new. Representative Hudson replied that it was
existing language. He added that this section would provide
provisions similar to the ski bill which previously passed
the Committee. Operators have the responsibility to explain
fundamental and inherent risks which are not apparent to an
inexperienced participant. The proposed legislation would
not modify the individuals liability.
Representative Parnell referenced Page 2, Line 17, and asked
if the word "using" would be restrictive. Representative
Hudson clarified that the language suggests control of your
person, children and any equipment or devices and animals
that should engage in the activity must take responsibility.
Representative Navarre stressed that the person maintaining
the operation must be given equal responsibility.
Representative Hudson advised that the legislation would not
eliminate all potential litigations.
CLARK GRUENING, ALASKA VISITOR'S ASSOCIATION, JUNEAU,
informed the Committee members that HB 300 differs from the
ski bill which dealt with the "inherent risk" of skiing. In
that legislation, the attempt was to define "inherent risk".
HB 300 does not attempt to define a bar to recovery which
falls within the risk area. This legislation addresses the
"contributory negligence".
Mr. Gruening continued that the section which deals with
"contributory negligence" is new. That section requires the
operator to explain the risks and to provide instruction in
order to protect the user.
4
Representative Brown asked if "weather" would be considered
an "inherent risk". Mr. Gruening stated it would.
Discussion followed among Committee members regarding
activities which involve weather conditions and guide
operators.
(Tape Change, HFC 94-82, Side 1).
Representative Foster MOVED to report CS HB 300 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 300 (JUD) was reported out of Committee with a "do
pass" recommendation and with zero fiscal notes by the
Department of Commerce and Economic Development and the
Department of Administration.
SENATE BILL 238
"An Act establishing a procedure for review of proposed
projects under the Alaska coastal management program,
and relating to petitions for compliance with and
enforcement of district coastal management programs
under that program and to the disposition of those
petitions."
KEN ERICKSON, STAFF TO SENATOR DRUE PEARCE, stated that the
Coastal Policy Committee (CPC) coordinates State agencies
and local coastal districts in reviewing and issuing State
permits for proposed development projects affecting natural
resources in Alaska's coastal zones. SB 238 would clarify
when and how certain parties can petition the Coastal Policy
Council during an Alaska Coastal Management Program
consistency review.
He added that the bill would correct a problem that occurs
when a petition is brought before the council after a final
commission level decision on a consistency review has been
made. Under the current Alaska Coastal Management Program
statutes and regulations, the State's resource commissioners
cannot delegate their responsibility to participate in an
elevation consistency determination to the commissioner
level, nor may they delegate their authority to decide a
petition in the final consistency determination. The
clarifications would ensure that complaints are heard and
addressed in a timely manner. Mr. Erickson summarized that
the bill would ensure that citizens, State agencies, and
affected projects have a voice in the development policies
of the state's coastal areas.
PAUL RUSANOWSKI, DIRECTOR, DIVISION OF GOVERNMENTAL
5
COORDINATION, OFFICE OF THE GOVERNOR, provided the Committee
with background information on the proposed legislation. In
1977, when the Legislature enacted AS 46.40.100, it created
an ability for certain people to appeal issues to the CPC
through "petitions". In 1984, when the CPC promulgated it's
regulations creating the consistency review process for
consistency determinations in 6 AAC 50, it amended a section
of the regulations that specifically allowed consistency
determinations to be reviewed by the CPC, intending to have
consistency determinations appealed to court rather than to
the CPC.
At that time there was no commensurate statutory change to
AS 46.40.100. Since regulations cannot remove a statutory
right, the ability to bring a petition from a final
consistency determination to the COC remains. The situation
has created a dual appeal mechanism, consequently, conflicts
have arisen.
Representative Brown questioned how the legislation would
affect the oil and gas lease sale. Mr. Rusanowski
acknowledged there would be no change in how the system
determination was made for an oil or gas lease sale. The
legislation would provide an opportunity for the public to
comment on the system determination.
Mr. Rusanowski noted that the Commissioner of the Department
of Natural Resources would be prohibited from making a final
determination until disposal of the appeal. He added that
the Coastal Policy Council would have thirty (30) days to
address the consideration of comments which would have to
occur at the regional or director level.
Representative Foster commented on a letter of opposition
from Unalakleet, the Bering Straits Coastal Resource Service
Area Board indicating their concern with the deletion of due
deference to that local coastal district. [Copy on file].
Mr. Rusanowski responded that a representative from the
Bering Straits participated in the meetings which generated
the consensus bill and that they are aware of the process.
The board objects because there has been a petition which
was handled in their district in which the process had been
unsatisfactory in addressing local interest and concerns.
Representative Foster asked if the Bering Straits Coastal
Resource Service Area Board continues to oppose the
legislation. Mr. Rusanowski stated they do.
Representative Hanley MOVED to report CS SB 238 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. Representative Foster OBJECTED.
6
A roll call was taken on the MOTION.
IN FAVOR: Hanley, Martin, Navarre, Therriault,
Brown.
OPPOSED: Foster, Grussendorf, Larson.
Representatives Hoffman, Parnell and MacLean were not
present for the vote.
Lacking six votes to move a bill from Committee, the MOTION
FAILED (5-3).
SB 238 was HELD in Committee for further consideration.
ADJOURNMENT
The meeting adjourned at 9:40 A.M.
HOUSE FINANCE COMMITTEE
March 24, 1994
8:35 A.M.
TAPE HFC 94 - 81, Side 2, #000 - end.
TAPE HFC 94 - 82, Side 1, #000 - #336.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 8:35 A.M.
PRESENT
Co-Chair Larson Representative Foster
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Hoffman was not present for the meeting.
ALSO PRESENT
Representative Bill Hudson; Representative Gail Phillips;
Laddie Shaw, Executive Director, Alaska Police Standards
Council, Department of Public Safety; Clark Gruening, Alaska
Visitor's Association, Juneau; Ken Erickson, Staff to
Senator Drue Pearce; Paul Rusanowski, Director, Division of
Governmental Coordination, Office of Governor.
SUMMARY
7
SB 238 An Act establishing a procedure for review of
proposed projects under the Alaska coastal
management program, and relating to petitions for
compliance with and enforcement of district
coastal management programs under that program and
to the disposition of those petitions.
SB 238 was HELD in Committee for further
consideration.
HB 300 An Act relating to civil liability for commercial
recreational activities; and providing for an
effective date.
CS HB 300 (JUD) was reported out of Committee with
a "do pass" recommendation and with zero fiscal
notes by the Department of Administration and the
Department of Commerce and Economic Development.
HB 302 An Act excluding certain recreational activities
sponsored by an employer from coverage provided
under workers' compensation, unless participation
is required as a condition of employment; and
providing for an effective date.
HB 302 was HELD in Committee for further
consideration.
HB 319 An Act relating to the training of law enforcement
and corrections officers; to the establishment of
surcharges to be assessed for violations of
certain traffic offenses; creating the Alaska
Police Standards Training Fund; and providing for
an effective date.
CS HB 319 (FIN) was reported out of Committee with
"no recommendations" and with a fiscal note by the
Department of Public Safety and zero fiscal notes
by the Alaska Court System and the Department of
Law.
HOUSE BILL 319
"An Act relating to the training of law enforcement and
corrections officers; to the establishment of
surcharges to be assessed for violations of certain
traffic offenses; creating the Alaska Police Standards
Training Fund; and providing for an effective date."
LADDIE SHAW, EXECUTIVE DIRECTOR, ALASKA POLICE STANDARDS
COUNCIL, DEPARTMENT OF PUBLIC SAFETY, updated the Committee
stating that the fiscal notes had been changed and that the
8
effective date would become January 1, 1996. An RSA
adjustment had been made to the Alaska Court System note
under the contractual component. Discussion followed among
Committee members regarding the fiscal needs for police and
officer training.
Co-Chair MacLean advised that during the interim the
Governor had established a Contract Jail Task Force which
summarized the need for statewide correction and peace
officer training. Representative MacLean suggested that the
funds generated from the surcharge could be used for
training needs.
Representative Brown inquired how the program could be
introduced to rural areas. Mr. Shaw noted that currently
there are a number of satellite dishes which are not used
during the entire day. The Department could use those
satellite dishes effectively for a small cost. The
intention initially, would be to coordinate with the
distance learning base through software programs.
Co-Chair MacLean MOVED to adopt work draft 8-LS1237\R,
Luckhaupt, 3/16/94 for HB 319. There being NO OBJECTION, it
was adopted.
Representative Brown MOVED to adopt Amendment #1 which would
delete the $10 dollar surcharge while keeping the $25 dollar
surcharge for the more serious violations. [Copy on file].
Co-Chair MacLean OBJECTED.
A roll call vote was taken on the MOTION.
IN FAVOR: Brown
OPPOSED: Hanley, Martin, Navarre, Parnell,
Therriault, Foster, Larson, MacLean
Representatives Grussendorf and Hoffman were not present for
the vote.
The MOTION FAILED (1-8).
Co-Chair MacLean MOVED to report CS HB 319 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTIONS, it
was so ordered.
CS HB 319 (FIN) was reported out of Committee with "no
recommendations" and with a fiscal note by the Department of
Public Safety and zero fiscal notes by the Alaska Court
System and the Department of Law.
HOUSE BILL 302
9
"An Act excluding certain recreational activities
sponsored by an employer from coverage provided under
workers' compensation, unless participation is required
as a condition of employment; and providing for an
effective date."
Representative Navarre requested that the House Finance
Committee WAIVE HB 302 from Committee. He advised that the
legislation would exclude certain sport officials and
recreational activities sanctioned by an employer from
coverage provided under worker's compensation. Discussion
followed among Committee members regarding the bill and the
action.
Co-Chair Larson acknowledged the request and offered to
present the recommendation on the House floor the following
day (3/25/94) unless members objected.
HB 302 was HELD in Committee for further discussion.
HOUSE BILL 300
"An Act relating to civil liability for commercial
recreational activities; and providing for an effective
date."
REPRESENTATIVE BILL HUDSON stated that the proposed
legislation has the support of the Alaska Visitors
Association and the Alaska Wilderness Recreation
Association. HB 300 was introduced to establish
responsibility of persons who operate and participate in
commercial recreational activities. Representative Hudson
added that similar legislation introduced in Colorado
impacted the state by decreasing insurance premiums fifteen
to twenty percent (15% -20%).
Representative Navarre noted his concern with Sec.
05.45.020, "Contributory Negligence" and asked if the
language was new. Representative Hudson replied that it was
existing language. He added that this section would provide
provisions similar to the ski bill which previously passed
the Committee. Operators have the responsibility to explain
fundamental and inherent risks which are not apparent to an
inexperienced participant. The proposed legislation would
not modify the individuals liability.
Representative Parnell referenced Page 2, Line 17, and asked
if the word "using" would be restrictive. Representative
Hudson clarified that the language suggests control of your
person, children and any equipment or devices and animals
that should engage in the activity must take responsibility.
10
Representative Navarre stressed that the person maintaining
the operation must be given equal responsibility.
Representative Hudson advised that the legislation would not
eliminate all potential litigations.
CLARK GRUENING, ALASKA VISITOR'S ASSOCIATION, JUNEAU,
informed the Committee members that HB 300 differs from the
ski bill which dealt with the "inherent risk" of skiing. In
that legislation, the attempt was to define "inherent risk".
HB 300 does not attempt to define a bar to recovery which
falls within the risk area. This legislation addresses the
"contributory negligence".
Mr. Gruening continued that the section which deals with
"contributory negligence" is new. That section requires the
operator to explain the risks and to provide instruction in
order to protect the user.
Representative Brown asked if "weather" would be considered
an "inherent risk". Mr. Gruening stated it would.
Discussion followed among Committee members regarding
activities which involve weather conditions and guide
operators.
(Tape Change, HFC 94-82, Side 1).
Representative Foster MOVED to report CS HB 300 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 300 (JUD) was reported out of Committee with a "do
pass" recommendation and with zero fiscal notes by the
Department of Commerce and Economic Development and the
Department of Administration.
SENATE BILL 238
"An Act establishing a procedure for review of proposed
projects under the Alaska coastal management program,
and relating to petitions for compliance with and
enforcement of district coastal management programs
under that program and to the disposition of those
petitions."
KEN ERICKSON, STAFF TO SENATOR DRUE PEARCE, stated that the
Coastal Policy Committee (CPC) coordinates State agencies
and local coastal districts in reviewing and issuing State
permits for proposed development projects affecting natural
resources in Alaska's coastal zones. SB 238 would clarify
when and how certain parties can petition the Coastal Policy
Council during an Alaska Coastal Management Program
11
consistency review.
He added that the bill would correct a problem that occurs
when a petition is brought before the council after a final
commission level decision on a consistency review has been
made. Under the current Alaska Coastal Management Program
statutes and regulations, the State's resource commissioners
cannot delegate their responsibility to participate in an
elevation consistency determination to the commissioner
level, nor may they delegate their authority to decide a
petition in the final consistency determination. The
clarifications would ensure that complaints are heard and
addressed in a timely manner. Mr. Erickson summarized that
the bill would ensure that citizens, State agencies, and
affected projects have a voice in the development policies
of the state's coastal areas.
PAUL RUSANOWSKI, DIRECTOR, DIVISION OF GOVERNMENTAL
COORDINATION, OFFICE OF THE GOVERNOR, provided the Committee
with background information on the proposed legislation. In
1977, when the Legislature enacted AS 46.40.100, it created
an ability for certain people to appeal issues to the CPC
through "petitions". In 1984, when the CPC promulgated it's
regulations creating the consistency review process for
consistency determinations in 6 AAC 50, it amended a section
of the regulations that specifically allowed consistency
determinations to be reviewed by the CPC, intending to have
consistency determinations appealed to court rather than to
the CPC.
At that time there was no commensurate statutory change to
AS 46.40.100. Since regulations cannot remove a statutory
right, the ability to bring a petition from a final
consistency determination to the COC remains. The situation
has created a dual appeal mechanism, consequently, conflicts
have arisen.
Representative Brown questioned how the legislation would
affect the oil and gas lease sale. Mr. Rusanowski
acknowledged there would be no change in how the system
determination was made for an oil or gas lease sale. The
legislation would provide an opportunity for the public to
comment on the system determination.
Mr. Rusanowski noted that the Commissioner of the Department
of Natural Resources would be prohibited from making a final
determination until disposal of the appeal. He added that
the Coastal Policy Council would have thirty (30) days to
address the consideration of comments which would have to
occur at the regional or director level.
Representative Foster commented on a letter of opposition
12
from Unalakleet, the Bering Straits Coastal Resource Service
Area Board indicating their concern with the deletion of due
deference to that local coastal district. [Copy on file].
Mr. Rusanowski responded that a representative from the
Bering Straits participated in the meetings which generated
the consensus bill and that they are aware of the process.
The board objects because there has been a petition which
was handled in their district in which the process had been
unsatisfactory in addressing local interest and concerns.
Representative Foster asked if the Bering Straits Coastal
Resource Service Area Board continues to oppose the
legislation. Mr. Rusanowski stated they do.
Representative Hanley MOVED to report CS SB 238 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. Representative Foster OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Hanley, Martin, Navarre, Therriault,
Brown.
OPPOSED: Foster, Grussendorf, Larson.
Representatives Hoffman, Parnell and MacLean were not
present for the vote.
Lacking six votes to move a bill from Committee, the MOTION
FAILED (5-3).
SB 238 was HELD in Committee for further consideration.
ADJOURNMENT
The meeting adjourned at 9:40 A.M.
13
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