Legislature(1993 - 1994)

03/04/1994 01:15 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                          March 4, 1994                                        
                            1:15 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice-Chair                                             
  Rep. Pete Kott                                                               
  Rep. Joe Green                                                               
  Rep. Jim Nordlund                                                            
  Rep. Cliff Davidson                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Gail Phillips                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SB 239:   "An Act relating to evidence of financial                          
            responsibility provided by persons who conduct oil                 
            operations; and providing for an effective date."                  
                                                                               
            CSSB 239 MOVED FROM COMMITTEE                                      
                                                                               
  HB 418:   "An Act extending the termination date of the                      
            Board of Parole; and providing for an effective                    
            date."                                                             
                                                                               
            MOVED FROM COMMITTEE                                               
                                                                               
  HB 299:   "An Act relating to education programs on                          
            consumption of alcohol and to revocation of a                      
            driver's license for illegal consumption of                        
            alcohol; and providing for an effective date."                     
                                                                               
            CSHB 299 MOVED FROM COMMITTEE                                      
                                                                               
  HB 439:   "An Act enacting the Uniform Fraudulent Transfer                   
            Act."                                                              
                                                                               
            NOT HEARD                                                          
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  ANNETTE KREITZER, Committee Aide                                             
  Senate Oil and Gas Committee                                                 
  Alaska State Legislature                                                     
  State Capitol, Room 413                                                      
  Juneau, AK  99801-1182                                                       
  465-3711                                                                     
  Position Statement:  Testified in support of CSSB 239                        
                                                                               
  SEN. BERT SHARP                                                              
  Alaska State Legislature                                                     
  State Capitol, Room 514                                                      
  Juneau, AK  99801-1182                                                       
  465-3005                                                                     
  Position Statement:  Testified in support of HB 239                          
                                                                               
  RAY GILLESPIE, Lobbyist                                                      
  Refined Fuel Dealers                                                         
  9478 Riverbend Court                                                         
  Juneau, AK  99801                                                            
  Position Statement:  Testified in support of HB 239                          
                                                                               
  MIKE CONWAY, Director                                                        
  Division of Spill Prevention and Response                                    
  Department of Environmental Conservation                                     
  410 Willoughby Ave., Suite 302                                               
  Juneau, AK  99801-1795                                                       
  465-5250                                                                     
  Position Statement:  Answered questions on SB 239                            
                                                                               
  RENEE CHATMAN, Legislative Aide                                              
  Rep. Bettye Davis                                                            
  Alaska State Legislature                                                     
  State Capitol, Room 432                                                      
  Juneau, AK  99801-1182                                                       
  465-3875                                                                     
  Position Statement:  Represented prime sponsor of HB 418                     
                                                                               
  RICHARD COLLUM, Executive Director                                           
  Parole Board                                                                 
  Department of Corrections                                                    
  P.O. Box 112000                                                              
  Juneau, AK  99811                                                            
  465-3304                                                                     
  Position Statement:  Testified in support of HB 418                          
                                                                               
  REP. CYNTHIA TOOHEY                                                          
  Alaska State Legislature                                                     
  State Capitol, Room 104                                                      
  Juneau, AK  99801-1182                                                       
  465-4919                                                                     
  Position Statement:  Prime Sponsor of HB 299                                 
                                                                               
  JUANITA HENSLEY, Chief                                                       
  Driver Services                                                              
  Division of Motor Vehicles                                                   
  Department of Public Safety                                                  
  P.O. Box 20020                                                               
  Juneau, AK  99802                                                            
  465-4335                                                                     
  Position Statement:  Testified in support of HB 299                          
                                                                               
  MARGOT KNUTH, Assistant Attorney General                                     
  Criminal Division                                                            
  Department of Law                                                            
  Room 17, Court Bldg.                                                         
  Juneau, AK  99811                                                            
  465-3428                                                                     
  Position Statement:  Answered questions on HB 299                            
                                                                               
  DANIELLA LOPER, Staff Counsel                                                
  House Judiciary Committee                                                    
  State Capitol, Room 122                                                      
  Juneau, AK  99801-1182                                                       
  465-4930                                                                     
  Position Statement:  Addressed HB 299                                        
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  SB 239                                                                
  SHORT TITLE: OIL OPERATIONS:FINANCIAL RESPONSIBILITY                         
  SPONSOR(S): SPECIAL COMMITTEE ON OIL AND GAS                                 
  JRN-DATE    JRN-PG                     ACTION                                
  01/10/94      2457    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2457    (S)   O&G, JUD                                         
  01/25/94              (S)   O&G AT 03:00 PM BUTROVICH                        
                              ROOM 205                                         
  01/25/94              (S)   MINUTE(O&G)                                      
  02/04/94      2681    (S)   O&G RPT  CS  3DP 2NR                             
                              NEW TITLE                                        
  02/04/94      2681    (S)   ZERO FISCAL NOTE TO SB &                         
                              CS (DEC)                                         
  02/02/94              (S)   MINUTE(O&G)                                      
  02/04/94              (S)   JUD AT 01:30 PM BELTZ RM 211                     
  02/04/94              (S)   MINUTE(JUD)                                      
  02/07/94      2718    (S)   JUD RPT  2DP O&G(CS) 2NR                         
  02/07/94      2719    (S)   PREVIOUS ZERO FN (DEC)                           
  02/08/94              (S)   RLS AT 01:00 PM FAHRENKAMP                       
                              ROOM 203                                         
  02/09/94              (S)   RLS AT 01:00 PM FAHRENKAMP                       
                              ROOM 203                                         
  02/09/94              (S)   MINUTE(RLS)                                      
  02/11/94      2786    (S)   3 RLS TO CALENDAR  1NR 2/11/94                   
  02/11/94      2799    (S)   READ THE SECOND TIME                             
  02/11/94      2800    (S)   O&G  CS ADOPTED Y14 N5 E1                        
  02/11/94      2800    (S)   ADVANCED TO THIRD READING UNAN                   
                              CONSENT                                          
  02/11/94      2800    (S)   READ THE THIRD TIME  CSSB
                              239(O&G)                                         
  02/11/94      2801    (S)   PASSED Y14 N5 E1                                 
  02/11/94      2801    (S)   EFFECTIVE DATE  SAME AS PASSAGE                  
  02/11/94      2801    (S)   Zharoff  NOTICE OF                               
                              RECONSIDERATION                                  
  02/14/94      2841    (S)   RECON TAKEN UP - IN THIRD                        
                              READING                                          
  02/14/94      2841    (S)   PASSED ON RECONSIDERATION Y18                    
                              N- E2                                            
  02/14/94      2841    (S)   EFFECTIVE DATE  SAME AS PASSAGE                  
  02/14/94      2843    (S)   TRANSMITTED TO (H)                               
  02/15/94      2400    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/15/94      2401    (H)   JUDICIARY                                        
  03/04/94              (H)   JUD AT 02:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 418                                                                
  SHORT TITLE: EXTEND BOARD OF PAROLE                                          
  SPONSOR(S): REPRESENTATIVE(S) B.DAVIS                                        
  JRN-DATE    JRN-PG                     ACTION                                
  01/31/94      2205    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/31/94      2205    (H)   HES, JUDICIARY, FINANCE                          
  02/17/94              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/17/94              (H)   MINUTE(HES)                                      
  02/18/94      2454    (H)   HES RPT  5DP                                     
  02/18/94      2454    (H)   DP: G.DAVIS,BUNDE,TOOHEY,                        
                              B.DAVIS,BRICE                                    
  02/18/94      2454    (H)   -ZERO FISCAL NOTE (CORR) 2/18/94                 
  03/04/94              (H)   JUD AT 02:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 299                                                                
  SHORT TITLE: DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS                           
  SPONSOR(S): REPRESENTATIVE(S) TOOHEY,Bunde,Mulder                            
  JRN-DATE    JRN-PG                     ACTION                                
  05/06/93      1664    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  05/06/93      1664    (H)   HES, JUDICIARY, FINANCE                          
  02/17/94              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/17/94              (H)   MINUTE(HES)                                      
  02/18/94      2450    (H)   HES RPT  CS(HES) NEW TITLE  6DP                  
  02/18/94      2451    (H)   DP:  G.DAVIS, BUNDE, TOOHEY,                     
                              B.DAVIS                                          
  02/18/94      2451    (H)   DP:  NICHOLIA, BRICE                             
  02/18/94      2451    (H)   -FISCAL NOTE (DPS) 2/18/94                       
  02/18/94      2451    (H)   -ZERO FISCAL NOTE (LAW) 2/18/94                  
  03/04/94              (H)   JUD AT 02:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 439                                                                
  SHORT TITLE: UNIFORM FRAUDULENT TRANSFER ACT                                 
  SPONSOR(S): JUDICIARY                                                        
  JRN-DATE    JRN-PG                     ACTION                                
  02/04/94      2256    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/04/94      2256    (H)   LABOR & COMMERCE, JUDICIARY                      
  03/01/94              (H)   L&C AT 03:00 PM CAPITOL 17                       
  03/01/94              (H)   MINUTE(L&C)                                      
  03/02/94      2575    (H)   L&C RPT  5DP                                     
  03/02/94      2575    (H)   DP: PORTER,GREEN,WILLIAMS,                       
                              MULDER,HUDSON                                    
  03/02/94      2575    (H)   -ZERO FISCAL NOTE (LAW) 3/2/94                   
  03/04/94              (H)   JUD AT 02:00 PM CAPITOL 120                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-32, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Standing Committee was called to order                   
  at 2:10 p.m. on March 23, 1994.  A quorum was present.                       
  Chairman Porter announced that the committee would take up                   
  CSSB 239 first, then HB 418, HB 299, and HB 334.                             
  SB 239 - OIL OPERATIONS:FINANCIAL RESPONSIBILITY                             
                                                                               
  Number 030                                                                   
                                                                               
  ANNETTE KREITZER, Legislative Aide to the Senate Special                     
  Committee on Oil and Gas, Prime Sponsor of CSSB 239, gave a                  
  brief history of SB 239 and read from a sectional analysis,                  
  which follows:                                                               
                                                                               
  Section 1.                                                                   
                                                                               
       Subsection (b)(1)  The OFFSHORE exploration or                          
  production financial responsibility requirement of $50                       
  million is UNAFFECTED by this amendment.                                     
                                                                               
       Subsection (b)(2)  The amended language clarifies that                  
  financial responsibility should be greater for an onshore                    
  facility producing more than 10,000 barrels per day of oil,                  
  than for an onshore facility producing 2,5000 barrels or                     
  less per day.                                                                
                                                                               
       Subsection (b)(3)  Limits the financial responsibility                  
  for an onshore exploration facility to $1,000,000.                           
                                                                               
  Section 2.                                                                   
                                                                               
       Chapter 102, SLA 1992 gives the Department of                           
  Environmental Conservation the authority to waive its                        
  requirement that financial responsibility instruments                        
  provide for a direct action and appointment of an agent for                  
  service of process.  The direct action provision is NOT                      
  AVAILABLE in marine pollution insurance, and has not been                    
  available since about 1989.                                                  
                                                                               
       Section 6 of Ch. 102, SLA 1992 repealed this temporary                  
  law effective June 1, 1994.  Rather than grant another two-                  
  year exemption, the Committee Substitute repeals the                         
  repealer and allows the DEC to grant waivers until direct                    
  action again becomes available.                                              
                                                                               
  Section 3.                                                                   
                                                                               
       Makes certain there is no gap between the effective                     
  date and the date of the repeal of the former temporary                      
  waiver.                                                                      
                                                                               
  Section 4.                                                                   
                                                                               
       Immediate effective date.                                               
                                                                               
                                                                               
  In summary, MS. KREITZER said, SB 239 repeals the temporary                  
  provision to waive mandatory insurance requirements.                         
  Instead, the waiver would be established in statute.  In                     
  addition, Section 1 would reduce the mandatory liability                     
  limits to a more reasonably available level.                                 
                                                                               
  Number 158                                                                   
                                                                               
  SEN. BERT SHARP, member of the Senate Special Committee on                   
  Oil and Gas, said the current insurance requirements were                    
  prohibitively high for onshore exploration.  He said SB 239                  
  would reduce the mandatory liability limits to a more                        
  reasonable level.  He read the sponsor statement for CSSB
  239(O&G), which follows:                                                     
                                                                               
  The Oil and Gas CS for SB 239 recognizes that existing                       
  statutes mandates levels of proof of financial                               
  responsibility liability that are so unrealistic that                        
  coverage is not available and have has been.                                 
                                                                               
  This is true as much for AS 46.04.040(b) onshore oil and gas                 
  exploration activity as it is for moving refined products                    
  along the waterways of Alaska.                                               
                                                                               
  Section 1 only reduces the mandatory liability limits to                     
  more reasonably available levels.  The reduced levels are                    
  still approximately 10 times higher than other oil producing                 
  states.                                                                      
                                                                               
  The 20 million dollar requirement for onshore production                     
  facilities remains intact for facilities producing over                      
  10,000 barrels of oil per day.  Requirements are stair                       
  stepped down from over 10,000 B/P/D/, to 5,000 - 10,000,                     
  2,500 - 5,000 and 2,500 and under.  It seems to make sense                   
  that producers handling less daily volumes would create less                 
  of a spill potential.                                                        
                                                                               
  This bill provides for reductions for onshore oil and gas                    
  exploration activities that in nine out of 10 cases, never                   
  involve an exposure to on site crude oil.  If the activity                   
  is successful, the safety devices and their operations                       
  required are highly developed and effective.                                 
                                                                               
  There has never been an onshore crude spill in Alaska caused                 
  by an exploration rig.                                                       
                                                                               
  This bill is an attempt to open the door of opportunity a                    
  little bit.  This would create a more realistic environment                  
  for small independent exploration firms to operate in                        
  Alaska.                                                                      
                                                                               
  Let me point out that AS 46.04.040(b) is not the only proof                  
  of financial liability required of onshore exploration.                      
  It's only one of many.                                                       
                                                                               
  The Division of Oil and Gas requires the posting of a bond                   
  in paragraph 23 of their lease contract as well as satisfy                   
  requirements in 11 AAC 83.160.                                               
                                                                               
  The Division of Oil and Gas can also require supplemental                    
  bonding if it believes the nature of the surface and its                     
  uses or the degree of risk justifies an increased bond.                      
                                                                               
  The Alaska Oil and Gas Conservation Commission also requires                 
  a lessee to post a separate bond of at least $100,000                        
  dollars prior to any drilling activity.                                      
                                                                               
  With many of the major oil companies now redirecting their                   
  exploration efforts overseas, it would only seem prudent to                  
  remove impossible liability requirements presently required                  
  which virtually shuts out independent exploration and                        
  producers in our state.                                                      
                                                                               
  I believe this legislation is a reasonable move to correct                   
  this situation.                                                              
                                                                               
  This bill, along with a balanced "exploration licensing"                     
  bill, may well stimulate renewed exploration activity in our                 
  state, thereby creating not only new jobs for Alaskans, but                  
  new revenue sources to the state treasury.                                   
                                                                               
  I ask for your support of this bill.                                         
                                                                               
  Number 340                                                                   
                                                                               
  There was general discussion of the resolution passed in                     
  both houses of congress regarding offshore exploration,                      
  drilling, and transportation of oil.                                         
                                                                               
  Number 380                                                                   
                                                                               
  RAY GILLESPIE, Representing the Trade Association - Refined                  
  Fuel Distributors, testified in support of SB 239.  He noted                 
  the difficulty for companies to provide the mandatory                        
  insurance.                                                                   
                                                                               
  Number 436                                                                   
                                                                               
  MIKE CONWAY, Director, Division of Spill Prevention and                      
  Response, Department of Environmental Conservation, made                     
  himself available to answer any questions the committee had                  
  regarding SB 239.                                                            
                                                                               
  Number 468                                                                   
                                                                               
  REP. NORDLUND asked what would happen in the event there is                  
  a spill and the cost of cleanup is higher than the company's                 
  insurance coverage.                                                          
                                                                               
  Number 470                                                                   
                                                                               
  MR. CONWAY responded by saying the department would ensure                   
  the company had up to one million dollars of resources to                    
  cover costs.  In the event that the damage caused by the                     
  company exceeded their means to pay, the state would fund a                  
  cleanup from the 470 Fund.                                                   
                                                                               
                                                                               
  REP. KOTT moved CSSB 239 with individual recommendations and                 
  zero fiscal note.                                                            
                                                                               
  REP. DAVIDSON objected.  A roll call vote was taken.  Voting                 
  yes:  Reps. James, Kott, Green, Nordlund and Porter.  Voting                 
  no:  Rep. Davidson.  CSSB 239 passed from committee.                         
  HB 418 - EXTEND BOARD OF PAROLE                                              
                                                                               
  Number 510                                                                   
                                                                               
  CHAIRMAN PORTER announced that HB 418 would be taken up                      
  next.                                                                        
                                                                               
  Number 515                                                                   
                                                                               
  RENEE CHATMAN, Legislative Aide to Rep. Bettye Davis, Prime                  
  Sponsor of HB 418, spoke on behalf of Rep. Davis and read a                  
  sponsor statement.  In summary, the bill would simply extend                 
  the Board of Parole.  She noted that there was a zero fiscal                 
  note.  The sponsor statement follows:                                        
                                                                               
  HB 418 would extend the Board of Parole for the customary                    
  four-year period un A.S. 44.66.010(c).  Under current law,                   
  and without passage of this legislation, the Board is                        
  scheduled to sunset on June 30, 1994.                                        
                                                                               
  The State Board of Parole was created in 1960 and has been                   
  an essential component of Alaska's criminal justice system.                  
  There are currently 70 felons on parole supervision.  EAch                   
  year, about 400 prisoners are eligible to be released to                     
  discretionary parole supervision for a portion of their                      
  sentence.  In addition, 500 prisoners are released to                        
  mandatory parole supervision for a period equal to one-third                 
  of their sentence.                                                           
                                                                               
  Expiration of the Parole Board will not alter the state's                    
  responsibility under Title 33, Chapter 16, which provides                    
  for prisoners to be eligible for and supervised on                           
  discretionary and mandatory parole.  The State will almost                   
  certainly be a party to costly litigation to determine the                   
  legal status of prisoners, parolees and victims.                             
                                                                               
  The Board of Parole has been an effective vehicle in                         
  administering the parole process.  I urge your support of HB
  418.                                                                         
                                                                               
  Number 547                                                                   
                                                                               
  RICHARD COLUMN, Executive Director, Parole Board, Department                 
  of Corrections, testified in support of HB 418.  He made                     
  himself available for questions.                                             
                                                                               
  Number 564                                                                   
                                                                               
  REP. JAMES motioned to move HB 418 from committee with                       
  individual recommendations and a zero fiscal note.                           
                                                                               
  With no objection, HB 418 was moved from committee.                          
                                                                               
  HB 299 - DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS                               
                                                                               
  CSHB 299(JUD):  "An Act relating to revocation of a driver's                 
  license for illegal possession or use of a controlled                        
  substance or illegal possession or consumption of alcohol;                   
  to fees for reinstatement of a driver's license; and                         
  providing for an effective date."                                            
                                                                               
  Number 575                                                                   
                                                                               
  CHAIRMAN PORTER announced that HB 299 would be heard next                    
  and introduced Rep. Toohey.                                                  
                                                                               
  Number 580                                                                   
                                                                               
  REP. CYNTHIA TOOHEY, Prime Sponsor of HB 299, read from a                    
  sponsor statement.  She said the intent of HB 299 is to                      
  deter teens from engaging in the use and abuse of a                          
  controlled substance.  The bill would provide the Department                 
  of Public Safety with a tool to help discourage youth from                   
  starting the dangerous and often fatal association of                        
  controlled substances and alcohol with driving.  She said an                 
  individual who is at least 14, but not yet 21, who has                       
  illegally consumed or possessed alcohol or a controlled                      
  substance, would have their license revoked.  If that                        
  individual did not have a license at that time, the                          
  privilege to attain a driver's license would be temporarily                  
  withheld.                                                                    
                                                                               
  Number 626                                                                   
                                                                               
  REP. GREEN motioned to adopt CSHB 299.  Without objection                    
  CSHB 299 was adopted.                                                        
                                                                               
  Number 630                                                                   
                                                                               
  REP. DAVIDSON asked Rep. Toohey how the teenagers would know                 
  the consequences of their actions.                                           
                                                                               
  Number 668                                                                   
                                                                               
  JUANITA HENSLEY, Division of Motor Vehicles, Department of                   
  Public Safety, responded to Rep. Davidson's concerns by                      
  stating the division of Alaska State Troopers has a                          
  community service bureau.  That bureau would provide                         
  information to the public of the provisions outlined in the                  
  bill.                                                                        
                                                                               
  Number 687                                                                   
                                                                               
  REP. DAVIDSON said he would like to have something in the                    
  testing booklet for when an individual is taking the permit                  
  test that pertains to the provision of HB 299.                               
                                                                               
  Number 696                                                                   
                                                                               
  MS. HENSLEY said that was an option the department could                     
  provide for.                                                                 
                                                                               
  Number 702                                                                   
                                                                               
  REP. NORDLUND asked how long the revocation period was.                      
                                                                               
  MS. HENSLEY said the first offense would be ninety days, the                 
  second offense would be one year.                                            
                                                                               
  Number 720                                                                   
                                                                               
  REP. NORDLUND asked the chairman to explain the differences                  
  in the CSHB 299 and the original bill.                                       
                                                                               
  MS. HENSLEY responded by saying that page 3 of the committee                 
  substitute would allow for the individual to complete an                     
  alcohol education, rehabilitation examination.  She said a                   
  further provision was added to allow a sworn report to be                    
  submitted at a hearing rather than the peace officer being                   
  required to be present.                                                      
                                                                               
  Number 725                                                                   
                                                                               
  CHAIRMAN PORTER clarified the statement Ms. Hensley made                     
  regarding the completion of an alcohol rehabilitation                        
  program.  He noted that not all individuals would have to                    
  complete this program, only those who have been screened and                 
  referred for this type of program.                                           
                                                                               
  Number 757                                                                   
                                                                               
  REP. KOTT asked for clarification of the intent of the bill.                 
                                                                               
  Number 762                                                                   
                                                                               
  MS. HENSLEY said this bill is intended as a deterrent.                       
                                                                               
  Number 780                                                                   
                                                                               
  CHAIRMAN PORTER asked about the provision on page 5, lines                   
  21 and 22, regarding testimony at hearing not being                          
  admissable in criminal trial.  He asked if this was new.                     
                                                                               
  Number 790                                                                   
                                                                               
  MARGOT KNUTH, Assistant Attorney General, Criminal Division,                 
  Department of Law, said it was not new and that it was                       
  modeled after the DWI statute.                                               
                                                                               
  Number 801                                                                   
                                                                               
  DANIELLA LOPER, Staff Counsel, House Judiciary Committee,                    
  asked about the issuance of a temporary license in the case                  
  of an appeal.                                                                
                                                                               
  Number 813                                                                   
                                                                               
  MS. HENSLEY said a temporary license would be issued pending                 
  the outcome of the case.  She said it is the same as in the                  
  case of a DWI appeal.  In conclusion, she said the temporary                 
  driver's license is issued for seven days.                                   
                                                                               
  Number 829                                                                   
                                                                               
  REP. GREEN asked if there were any statistics of a person                    
  who had been granted a temporary license who had been                        
  arrested for the same offense, during the time of which they                 
  have their temporary license.                                                
                                                                               
  Number 828                                                                   
                                                                               
  MS. HENSLEY said she had no statistics on that, but had not                  
  heard of that happening very often.                                          
                                                                               
  Number 855                                                                   
                                                                               
  REP. KOTT asked about federal grants that would provide                      
  funds for the educational pamphlets regarding the provisions                 
  outlined in the bill.                                                        
                                                                               
  MS. HENSLEY noted that at this time congress had not passed                  
  the legislation that would provide the grants.  In addition,                 
  Alaska has qualified for some grant money because of the                     
  passage of some legislation last year.                                       
                                                                               
  Number 010                                                                   
                                                                               
  There was general discussion about the fiscal note and it                    
  was agreed that the program would be funded by program                       
  receipts.                                                                    
                                                                               
  Number 137                                                                   
                                                                               
  CHAIRMAN PORTER asked if there was further discussion                        
  regarding the adoption of CSHB 299.  Being none, CSHB 299                    
  was adopted.                                                                 
                                                                               
  CHAIRMAN PORTER noted there were two amendments before the                   
  committee.  He addressed Amendment 1, which would add a                      
  provision that an individual who was in violation of this                    
  law and was directed to attend a treatment facility would                    
  have to pay that cost.                                                       
                                                                               
  Number 162                                                                   
                                                                               
  REP. JAMES moved Amendment 1.  With no objection, Amendment                  
  1 was adopted.                                                               
                                                                               
  Number 165                                                                   
                                                                               
  CHAIRMAN PORTER addressed Amendment 2.  He said Amendment 2                  
  would raise the reinstatement fee from $100.00 to $250.00.                   
                                                                               
  Number 196                                                                   
                                                                               
  REP. GREEN said he supported Amendment 2.                                    
                                                                               
  Number 200                                                                   
                                                                               
  CHAIRMAN PORTER noted that both the sponsor and the                          
  department supported the amendments.                                         
                                                                               
  Number 205                                                                   
                                                                               
  There was general discussion regarding the $250.00 fee being                 
  high.                                                                        
                                                                               
  MS. KNUTH commented that $250.00 was a standard amount.                      
                                                                               
  Number 220                                                                   
                                                                               
  REP. JAMES aired a concern that the relationship between a                   
  drinking violation and a driver's license revocation was                     
  inconsistent.                                                                
                                                                               
  Number 381                                                                   
                                                                               
  REP. KOTT pointed out that perhaps the fine was too high and                 
  could not support Amendment 2.                                               
                                                                               
  Number 417                                                                   
                                                                               
  MS. HENSLEY pointed out that these young adults pay money                    
  for drugs or alcohol and often pay more than the cost of the                 
  proposed fine.                                                               
                                                                               
  REP. TOOHEY noted that if the fine deters one child from                     
  drinking and driving, it was worth it.                                       
                                                                               
  Number 504                                                                   
                                                                               
  REP. JAMES maintained her concern.                                           
                                                                               
  Number 536                                                                   
                                                                               
  CHAIRMAN PORTER asked if there was any further discussion on                 
  Amendment 2.                                                                 
                                                                               
  REP. KOTT maintained his objection.  A roll call vote was                    
  taken.  Voting yes:  Reps. Green, Nordlund, James, Porter.                   
  Voting no:  Rep. Kott.  Amendment 2 passed.                                  
                                                                               
  Number 568                                                                   
                                                                               
  REP. GREEN moved CSHB 299 as amended, with individual                        
  recommendations and attached fiscal note.  With no                           
  objection, it was so moved; CSHB 299 was moved out of                        
  committee.                                                                   
                                                                               
  Number 578                                                                   
                                                                               
  CHAIRMAN PORTER said the committee would attach a letter of                  
  intent with regard to the expenditure of the $250.00                         
  reinstatement fee.                                                           
                                                                               
  Number 581                                                                   
                                                                               
  REP. KOTT reiterated his concern about a fine and suggested                  
  community service instead of a higher reinstatement fee.                     
                                                                               
  With no objection, CSHB 299 was moved from committee.                        
                                                                               
  The House Judiciary Committee adjourned at 3:30 p.m.                         
  BILL(S) NOT HEARD                                                            
                                                                               
  HB 439 - UNIFORM FRAUDULENT TRANSFER ACT                                     

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