Legislature(2005 - 2006)HOUSE FINANCE 519
04/04/2006 09:00 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB218 | |
| HB384 | |
| HB419 | |
| HB403 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 384 | TELECONFERENCED | |
| + | HB 403 | TELECONFERENCED | |
| + | HB 419 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 218 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
April 4, 2006
9:10 a.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 9:10:54 AM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Reggie Joule
Representative Mike Kelly
Representative Beth Kerttula
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
Representative Bill Stoltze, Vice-Chair
ALSO PRESENT
Senator Con Bunde; Representative Mark Neuman; Senator
Gretchen Guess; Heath Hilyard, Staff, Representative Tom
Anderson; Dean Guaneli, Chief Assistant Attorney General,
Department of Law; Ian Fisk, Staff, Representative Bill
Thomas; Representative John Coghill; Karen Lidster, Staff,
Representative John Coghill
PRESENT VIA TELECONFERENCE
Michael Catsi, Executive Director, Skagway Development
Center, Skagway; Duane Bannock, Director, Division of Motor
Vehicles, Department of Administration
SUMMARY
CSSB 218 (FIN)
"An Act relating to sex offenders and child
kidnappers; relating to reporting of sex offenders
and child kidnappers; relating to periodic
polygraph examinations for sex offenders released
on probation or parole; relating to sexual abuse
of a minor; relating to the definitions of
'aggravated sex offense' and 'child kidnapping';
relating to penalties for failure to report child
abuse or neglect; relating to sentencing for sex
offenders and habitual criminals; and providing
for an effective date."
HCS CSSB 218 (FIN) was REPORTED out of Committee
with a "do pass" recommendation and with a new
fiscal note by the Department of Corrections, a
new zero note by the Department of Public Safety,
zero note #1 by the Department of Public Safety,
indeterminate note #4 by the Department of Law,
indeterminate note #5 by the Court System,
indeterminate note #6 by the Department of
Administration, indeterminate note #7 by the
Department of Corrections, and fiscal note #8 by
the Department of Corrections.
HB 384 "An Act relating to fines and offenses; amending
Rule 8(b), Alaska District Court Rules of Criminal
Procedure; and providing for an effective date."
CSHB 384 (JUD) was REPORTED out of Committee with
a "no recommendation" and with a new indeterminate
fiscal note by the Office of the Governor.
HB 419 "An Act repealing the Board of Storage Tank
Assistance, the underground storage tank revolving
loan fund, and the tank cleanup loan program;
repealing certain reporting requirements relating
to underground petroleum storage tank systems;
making conforming amendments; and providing for an
effective date."
HB 419 was REPORTED out of Committee with a "do
pass" recommendation and with zero fiscal note #1
by the Department of Environmental Conservation.
HB 403 "An Act relating to registration and operation of
neighborhood electric vehicles."
HB 403 was heard and HELD in Committee for further
consideration.
9:11:07 AM
CS FOR SENATE BILL NO. 218(FIN)
"An Act relating to sex offenders and child kidnappers;
relating to reporting of sex offenders and child
kidnappers; relating to periodic polygraph examinations
for sex offenders released on probation or parole;
relating to sexual abuse of a minor; relating to the
definitions of 'aggravated sex offense' and 'child
kidnapping'; relating to penalties for failure to
report child abuse or neglect; relating to sentencing
for sex offenders and habitual criminals; and providing
for an effective date."
SENATOR CON BUNDE, related that the only change since the
last hearing of the bill is that two more offenders have
moved to Alaska, one from Canada, and another came to join
the state troopers. He stressed that it is time to stop
Alaska from being the sexual predator magnet of America.
REPRESENTATIVE MARK NEUMAN, pointed out the costs to society
by these offenders, and the costs to the state for
rehabilitation programs for the victims equaling about $45
million. He spoke about the idea that these offenders often
commit other crimes. Putting sex offenders away for a
longer period of time, means taking criminals off the
streets.
Representative Hawker MOVED to ADOPT Amendment 11, which
reads as follows:
Page 1, lines 1 - 2:
Delete "relating to reporting of sex offenders and
child kidnappers;"
Page 3, lines 10 -23
Delete all material.
Renumber the following bill sections accordingly.
Page 10, line 28:
Delete "Sections 1 - 3, 5 - 8, and 12"
Insert "Sections 1 - 2, 4 - 7, and 11"
Page 10, line 30
Delete "secs. 5 and 7"
Insert "secs. 4 and 6"
Page 10, line 31:
Delete "Sections 4 and 11"
Insert "Sections 3 and 10"
Page 11, line 2:
Delete "Sections 4 and 11"
Insert "Sections 3 and 10"
Page 11, line 3:
Delete "sec. 15"
Insert "sec. 14"
Co-Chair Meyer OBJECTED for discussion purposes.
9:15:24 AM
Representative Hawker explained that the amendment would
allow for prosecution for those who would shelter a sex
offender. It is an important issue and is not a part of the
original bill. It would delete Section 3 of the bill, which
is not clearly written. That section could be addressed
later as separate legislation.
Representative Kerttula agreed with Representative Hawker.
She noted that the intent of the bill is for people to
report where sex offenders are, but the bill is not clear on
this area, nor is it integral to the bill.
SENATOR GRETCHEN GUESS stated no objection to withdrawing
Section 3 from the bill.
Co-Chair Meyer WITHDREW his objection. There being NO
further OBJECTION, Amendment 11 was adopted.
Representative Hawker WITHDREW Amendments 12 and 13.
9:19:34 AM
Co-Chair Meyer listed the fiscal notes accompanying the
bill: new fiscal note by the Department of Corrections, a
new zero note by the Department of Public Safety, zero note
#1 by the Department of Public Safety, indeterminate note #4
by the Department of Law, indeterminate note #5 by the Court
System, indeterminate note #6 by the Department of
Administration, indeterminate note #7 by the Department of
Corrections, and fiscal note #8 by the Department of
Corrections.
Co-Chair Chenault commented that even though the program
would cost money, it would be wrong not to approve this
bill. He emphasized that these offenders need to be put
away. He stated that he was going to offer an amendment
adding the death penalty to the bill. He shared a personal
experience involving a child who was kidnapped. He stated
strong support for the bill.
9:23:37 AM
Representative Kelly related that the bill attempts to place
Alaska on a "do not go there" list and will result in a
reduction of costs in the end. It raises the bar and says
Alaska means business. He stated strong support for the
bill.
9:25:16 AM
Representative Hawker noted a concern when operation costs
for the state are increased. He spoke in support of the
intent of the bill and of the investment in the court system
to support it. He agreed with Representative Kelly that the
bill would create a deterrent. He stated that it is an
investment he is willing to make.
Representative Holm voiced concern about fiscal note #8. He
opined that rehabilitation is rare and incarceration is a
better solution. He suggested that less money be spent on
counseling programs.
9:29:10 AM
Senator Guess shared that this is a "best practices"
situation. Polygraphs are used to try to stop offenders
before they offend. The probation section of the bill
allows for the correction system to rein in those who break
conditions of probation. Second and third degree assaults
have stronger sentences. She agreed that it is not a cure-
all, but right now it is best practices.
Senator Bunde described a typical offender and stated that
the polygraph is a good tool to have. He gave an example of
an offender who was exposed by a polygraph.
Representative Hawker asked if it was an Alaskan. Senator
Bunde replied that it was.
9:32:43 AM
Representative Foster MOVED to REPORT SB 218 out of
Committee with an accompanying title change resolution and
with individual recommendations and the accompanying fiscal
notes. There being NO OBJECTION, it was so ordered.
HCS CSSB 218 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with a new fiscal note by the
Department of Corrections, a new zero note by the Department
of Public Safety, zero note #1 by the Department of Public
Safety, indeterminate note #4 by the Department of Law,
indeterminate note #5 by the Court System, indeterminate
note #6 by the Department of Administration, indeterminate
note #7 by the Department of Corrections, and fiscal note #8
by the Department of Corrections.
9:35:10 AM
HOUSE BILL NO. 384
"An Act relating to fines and offenses; amending Rule
8(b), Alaska District Court Rules of Criminal
Procedure; and providing for an effective date."
Heath Hilyard, Staff, Representative Tom Anderson, explained
that CSHB 384 (JUD), Version I, is before the committee
today. The bill amends the fines and fee structure for a
number of criminal statutes. It was brought to the sponsor
by the Department of Public Safety. The Department of Fish
and Game also was interested in including appropriate
references to fines for misdemeanors. It was important to
draft the bill to address both. He noted that there were
two changes made by the Judiciary Committee to two sections
in the original bill that referred to fines and fees with
regard to violations by orders by the Labor Relations Board.
He spoke of confusion by the Department of Labor and the
Board, which resulted in those sections being removed. The
title was also tightened.
Co-Chair Meyer pointed out that there are no fiscal impact
notes. Mr. Hilyard deferred to the departments to answer
that question.
9:38:46 AM
Representative Hawker asked about a section that is no
longer in statute. Mr. Hilyard offered to amend the bill to
deal with that section, but said he would leave it in for
now.
Representative Hawker asked if the death penalty would be
within the scope of the single subject rule. Mr. Hilyard
said he could not say.
9:41:19 AM
Representative Weyhrauch asked if those who are charged for
crimes prior to the effective date in this bill are subject
to penalties in the bill or to penalties in the law in
effect before July 2006.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, DEPARTMENT
OF LAW, answered that they would be subject to the existing
penalties, before the effective date of the Act.
Representative Weyhrauch asked if it would apply even if
they have only been charged and not convicted. Mr. Guaneli
replied that is correct.
Representative Hawker asked if something in a felony class
would fit within the subject of this bill with a change of
title. Mr. Guaneli replied that a single subject of fines
certainly describes the bill as a whole. He thought if the
penalty were limited to fines, a felony would fit.
Representative Hawker asked about previous testimony on SB
218 and a situation where a penalty is increased within the
child abuse statutes and is now greater than the penalty for
Murder II. He wondered if the bill would be a vehicle to
correct that imbalance by raising the penalty on Murder II.
Mr. Guaneli responded that Alaska Courts give the
legislature broad authority to include, within bills,
matters that fit within fairly broad subjects. He addressed
the single subject of the bill. He stated if that new
language were to be included, it would read "fines and
criminal penalties", which would be sufficiently broad and
be upheld by the courts. A clear title such as in this bill
would not be a problem for the courts.
9:45:43 AM
Representative Holm took issue with the statement that the
court system gives the legislature authority. He maintained
that the legislature has its own constitutionally mandated
authority.
Co-Chair Meyer asked Mr. Guaneli to address the fiscal
notes. Mr. Guaneli responded that the fiscal notes are all
fines imposed by the court system upon conviction of some
offense. Many are infractions for violations or misdemeanor
offenses. These are fines imposed by the court system that
ordinarily go into the general fund and no particular agency
receives them. The Department of Fish and Game has some
authority to receive funds from fines, subject to
legislative appropriation. The fiscal notes are accurate
and the money does not go to the departments.
Representative Hawker noted that he does not see an
indication that there would be a change in state revenues
due to these fines. He suggested that the revenues be
indeterminate rather than zero. Mr. Guaneli said he could
not argue with that. He agreed that there might be an
increase in the general fund.
Co-Chair Meyer agreed that it would be more accurate to have
indeterminate notes.
9:50:28 AM
Co-Chair Meyer asked if Representative Hawker was referring
earlier to another bill's passage, HB 380. Representative
Hawker reiterated that if HB 380 passes, Section 3 would no
longer be in effect.
Representative Hawker MOVED to CHANGE the fiscal notes, as
appropriate, to indeterminate notes. There being NO
OBJECTION, it was so ordered.
9:52:02 AM
Representative Foster MOVED to REPORT CSHB 384 out of
Committee with individual recommendations and with the
accompanying indeterminate fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 384 (JUD) was REPORTED out of Committee with a "no
recommendation" and with a new indeterminate fiscal note by
the Office of the Governor.
9:53:06 AM
HOUSE BILL NO. 419
"An Act repealing the Board of Storage Tank Assistance,
the underground storage tank revolving loan fund, and
the tank cleanup loan program; repealing certain
reporting requirements relating to underground
petroleum storage tank systems; making conforming
amendments; and providing for an effective date."
KAREN LIDSTER, STAFF, REPRESENTATIVE JOHN COGHILL, related
that over the interim, Representative Coghill sent out a
memo asking any department to determine if they had statutes
or regulations that were no longer necessary. The
Department of Environmental Conservation brought forward a
request to repeal the Board of Storage Tank Assistance and
the accompanying loan program. The sponsor statement
provides the history of that program. The Board was created
in 1990 by HB 220 to oversee the grant that was also
created. In 1999, the Storage Tank Assistance Fund was
converted to an Underground Storage Tank Revolving Loan
Fund. Since that time there have been no applications for
loans. HB 419 will modify the end date for the Board in
order to be consistent with the end date for formal
termination of the loan program. The sunset date was June
30, 2007. HB 419 also lifts out the statutes that relate to
the Board, the reporting, the regulations, fees, the
program, definitions, administrative codes, and the orderly
completion of the board's obligation, and renumbering
instructions related to those statutes that will be
repealed.
Representative Holm asked if there is a loan fund amount
that is being recaptured.
LAURA BEASON, ADMINISTRATION MANAGER, DIVISION OF
INFORMATION AND ADMINISTRATIVE SERVICES, DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, responded that there is zero
available fund balance in the loan.
9:57:35 AM
Representative Weyhrauch asked what happens if someone needs
assistance.
REPRESENTATIVE JOHN COGHILL replied that the loan program
would go away, but DEC would still deal with underground
storage tanks. They still have a fee for registering
underground storage tanks. There has not been any use of
this fund for many years.
9:59:09 AM
Representative Foster recalled that he voted for the HB 220
in 1999. He MOVED to REPORT HB 419 out of committee with
individual recommendations and the accompanying fiscal note.
There being NO OBJECTION, it was so ordered.
HB 419 was REPORTED out of Committee with a "do pass"
recommendation and with zero fiscal note #1 by the
Department of Environmental Conservation.
10:00:35 AM
HOUSE BILL NO. 403
"An Act relating to registration and operation of
neighborhood electric vehicles."
Representative Foster MOVED to ADOPT the work draft for HB
403, labeled 24-LS1229\I, Mischel/Luckhaupt, 3/31/06. There
being NO OBJECTION, it was so ordered.
IAN FISK, STAFF, REPRESENTATIVE BILL THOMAS, related that
the bill is about low-speed vehicles. He explained that HB
403 was amended in the House State Affairs Committee to
eliminate all references to electric vehicles in order to
conform to federal law. Mr. Fisk referred to a handout that
describes the vehicle (copy on file.) These vehicles are
not golf carts. It is defined in federal law that they must
have four wheels and be capable of a minimum speed of 20
mph, and a top speed of 25 mph. The National Highway
Transportation Safety Administration requires equipment such
as taillights, break lights, headlights, automotive quality
windshield, turn signals, mirrors, parking breaks, and they
must meet testing requirements. The federal regulations for
these vehicles were developed in 1998 and they are now legal
in 36 states. They offer fuel efficiency and zero emissions
and are popular in retirement communities. DMV would like
the authority, which this bill provides, to regulate this
class of vehicle.
Co-Chair Meyer asked about speed limitations. Mr. Fisk
related that they can go no more than 25 mph. They cannot
be used on a road where the posted speed limit is 35 mph or
faster. They are limited to neighborhood roads, but
permitted to cross roads with higher speed limits. Co-Chair
Meyer asked how they operate in snow and ice. Mr. Fisk said
he does not know.
10:05:10 AM
Co-Chair Meyer stated that he tested electric vehicles in
Fairbanks and they have limited experience in northern
climates. He expressed support for this legislation.
Representative Holm asked about the occasional use
provision. Farm equipment can go on highways for occasional
use. There are roads with varying speed limits. Under this
law these vehicles could not be used on them. Mr. Fisk said
that is correct. Representative Holm spoke of limited roads
available for these vehicles in his neighborhood. He noted
a provision that allows a municipality to modify the bill.
10:08:29 AM
Co-Chair Chenault pointed out that they do not require a
valid driver's license. Mr. Fisk said that is corrected in
Section 5 of the bill, subject to all laws.
Co-Chair Chenault asked if there are any specific
communities where these can be used. Mr. Fisk responded
that Skagway has requested the use of this type of vehicle.
Representative Weyhrauch pointed out that the word
"electric" does not appear anywhere in the bill. Mr. Fisk
said that federal regulation terms them "low-speed
vehicles". Representative Weyhrauch wondered why, in
subsection (e) on page 1, the wording "or by this state" is
needed. Fisk said that was not caught in previous hearings.
10:12:22 AM
Representative Kelly asked about line 13-14 on page 3, "may
further restrict". He wondered if a community could allow
for less restriction. Mr. Fisk responded that a community
could not supersede the maximum speed limit of 35 mph. They
could restrict where they can be used. He suggested using
"modify" instead of "restrict". He asked what would prevent
these vehicles from being used now. Mr. Fisk said DMV wants
to clearly allow this new category of car. Representative
Kelly noted that a reason for not including the word
"electric" is because there are many power types. He asked
what is stopping people from using this car now. Mr. Fisk
deferred to Mr. Bannock at DMV.
10:14:58 AM
Representative Hawker related that this bill, as it is
constructed, would empower municipalities to regulate these
vehicles. He wondered if the sponsor had contemplated
making the municipalities "opt in". Mr. Fisk replied that
the opposite approach was taken. Representative Hawker
stated that he preferred to let decisions be made locally,
rather than state mandated. He asked the sponsor to
consider that idea.
Representative Hawker suggested that in Section 1, "or"
should be "and".
Representative Hawker suggested adding a subparagraph (e) to
AS 28.10.041, grounds for refusing registration, and a list
of many reasons why registration could be refused. He
provided examples such as: the application contains a false
statement, the applicant does not give the information, the
applicant is not entitled to the issuance of a certificate
of title, and the vehicle is determined to be mechanically
unsafe. Also added would be a blanket statement that DMV
may not refuse to register a low-speed vehicle that meets
the requirements of a passenger vehicle, the safety and
equipment requirements of a passenger vehicle, and it has to
meet federal motor vehicle safety standards. He suggested
that these requirements would override the rest of the
prohibitions. Mr. Fisk responded that there are federal
safety elements in the statute. He said that the sponsor
would have no problem changing "or" to "and".
10:19:35 AM
Representative Hawker concurred that safety is considered in
the bill, but not the other elements.
MICHAEL CATSI, EXECUTIVE DIRECTOR, SKAGWAY DEVELOPMENT
CENTER, SKAGWAY, emphasized that these vehicles provide an
alternative transportation that is cheaper for short runs.
He requested the opportunity for people to own these
vehicles. They go 25 miles on a single charge and have easy
maintenance. Each municipality should be allowed to decide
on restrictions, but not ban them outright.
10:23:35 AM
DUANE BANNOCK, DIRECTOR, DIVISION OF MOTOR VEHICLES (DMV),
DEPARTMENT OF ADMINISTRATION, testified that DMV supports
the addition of Neighborhood Electric Vehicle (NEV's) or
low-speed vehicle (LSV's), a different class of vehicle.
There is language in the Manufacturer's Statement of Origin
(MSO) that gives direction to DMV and states conformity to
federal regulation. NEV's have an MSO that states that this
low-speed vehicle conforms to federal regulation under Title
49. He explained the title process. He addressed Section
3.
10:27:23 AM
Representative Kelly summarized that Alaskans are currently
prevented from driving these vehicles. He asked if other
states license these vehicles as passenger vehicles. Mr.
Bannock replied that only one state does not have specific
language regarding them.
Representative Weyhrauch spoke to the issue of conforming to
federal standards. He noted that Representative Hawker's
concern was about state supremacy. He asked for
clarification of line 6 on page 1.
Mr. Bannock said Section 1 is not DMV's. He opined that
issues of safety are addressed in the federal definition of
low-speed vehicle. Representative Weyhrauch summarized that
it is complying with federal standards. Mr. Bannock said
yes. Representative Weyhrauch asked if the wording should
say "by federal motor vehicle safety standards". Mr.
Bannock agreed.
10:30:30 AM
Representative Weyhrauch asked if the vehicle should be
limited to "electric" motor vehicle. Mr. Bannock suggested
that "electric" be struck because the name is not
appropriate. "Other powered" vehicles are available.
Representative Weyhrauch asked if it is the sponsor's intent
to limit it to electric vehicle. Mr. Fisk said no.
Mr. Bannock said that there are other vehicles that are
electric, such as hybrids, which are not low-speed vehicles.
10:32:40 AM
Representative Hawker asked about the definition of a low-
speed vehicle and the 4-wheel restriction. Mr. Bannock
agreed that there are other-wheeled vehicles and they would
not meet the definition of a low speed vehicle.
Co-Chair Meyer suggested that a new CS be written to include
today's suggestions.
HB 403 was heard and held in Committee for further
consideration.
ADJOURNMENT
The meeting was adjourned at 10:35 AM.
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