Legislature(1993 - 1994)
02/09/1993 03:00 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE COMMITTEE
STANDING COMMITTEE
February 9, 1993
3:00 p.m.
MEMBERS PRESENT
Rep. Bill Hudson, Chairman
Rep. Joe Green, Vice Chairman
Rep. Eldon Mulder
Rep. Brian Porter
Rep. Joe Sitton
Rep. Jerry Mackie
MEMBERS ABSENT
Rep. Bill Williams
COMMITTEE CALENDAR
HB 41: "An Act relating to civil liability for skiing
accidents, operation of ski areas, and duties of
ski area operators and skiers; and providing for
an effective date."
MOVED FROM COMMITTEE
*HB 65: "An Act relating to the improvement of state
finances through reduction of operating costs of
certain state agencies and establishment of
certain fees; and providing for an effective
date."
HEARD AND HELD IN COMMITTEE
* First public hearing.
WITNESS REGISTER
SANDY NUSBAUM
Administrative Assistant
Rep. Gail Phillips
State Capitol, Room 216
Juneau, Alaska 99801-1182
465-2689
Position Statement: Spoke on behalf of Rep. Phillips,
Prime sponsor of HB 41
CRAIG LINDH
P.O. Box 33036
Juneau, Alaska 99801
789-7388
Position Statement: Supported HB 41
STEPHANIE COLE
Deputy Administrative Director
Alaska Court System
303 K Street
Anchorage, Alaska 99501-2084
264-8230
Position Statement: Opposed one portion of HB 65
(Testified via teleconference)
CHERYL FRASCA, Director
Division of Budget Review
Office of Management and Budget
Office of the Governor
P.O. Box 110020
Juneau, Alaska 99811-0020
465-3568
Position Statement: Supported HB 65
ART SNOWDEN
Administrative Director
Alaska Court System
303 K Street
Anchorage, Alaska 99501-2084
264-0547
Position Statement: Opposed one portion of HB 65
JAY DULANY, Director
Division of Motor Vehicles
Department of Public Safety
5700 E. Tudor Rd.
Anchorage, Alaska 99507-1225
269-5559
Position Statement: Answered questions on HB 65
JACK WRAY, Executive Director
Police Standards Council
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811-1200
465-4371
Position Statement: Answered questions on HB 65
PREVIOUS ACTION
BILL: HB 41
SHORT TITLE: CIVIL LIABILITY FOR SKIING ACCIDENTS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Hudson,Porter,Toohey
TITLE: "An Act relating to civil liability for skiing
accidents, operation of ski areas, and duties of ski area
operators and skiers; and providing for an effective date."
JRN-DATE JRN-PG ACTION
01/11/93 34 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 35 (H) LABOR & COMMERCE, JUDICIARY,
FINANCE
01/26/93 (H) L&C AT 03:00 PM CAPITOL 17
01/26/93 (H) MINUTE(L&C)
01/29/93 183 (H) COSPONSOR(S): TOOHEY
02/04/93 (H) L&C AT 03:00 PM CAPITOL 17
02/09/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 65
SHORT TITLE: FINANCIAL ADMINISTRATION OF STATE GOVT.
BILL VERSION:
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
TITLE: "An Act relating to the improvement of state finances
through reduction of operating costs of certain state
agencies and establishment of certain fees and providing for
an effective date."
JRN-DATE JRN-PG ACTION
01/15/93 75 (H) READ THE FIRST TIME/REFERRAL(S)
01/15/93 75 (H) L&C, STATE AFFAIRS, JUDICIARY,
FINANCE
01/15/93 75 (H) -8 FNS(2-DEC, 2-DHSS, LABOR,
DNR, DPS
01/15/93 75 (H) ADM) PUBLISHED 1/15/93
01/15/93 75 (H) -5 REVENUE FNS(DPS, 2-LABOR,
2-DOE)1/15
01/15/93 75 (H) -5 ZERO FNS (3-ADM, LABOR, REV)
1/15/93
01/15/93 75 (H) GOVERNOR'S TRANSMITTAL LETTER
02/01/93 201 (H) -REVISED FN (DNR) 2/1/93
02/08/93 251 (H) -CORRECTED FN (DNR) 2/8/93
02/09/93 (H) L&C AT 03:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 93-8, SIDE A
Number 000
CHAIRMAN HUDSON called the House Labor and Commerce
Committee to order at 3:10 p.m. on February 9, 1993.
Members present were Reps. Hudson, Mackie, Sitton, Porter,
Green and Mulder.
HB 41: CIVIL LIABILITY FOR SKIING ACCIDENTS
REP. ELDON MULDER, CHAIRMAN OF THE SUBCOMMITTEE ON HB 41,
presented the work of the committee. He stated that the
subcommittee adopted the Senate's committee substitute (CS)
and made some amendments now contained in CSHB 41(L&C).
Number 130
REP. JOE GREEN suggested the addition of some information
regarding safety on the back of ski rental agreements.
Number 171
REP. JERRY MACKIE moved the adoption of the CSHB 41(L&C).
No objections were heard; it was so moved.
Number 180
SANDY NUSBAUM, ADMINISTRATIVE ASSISTANT TO REP. GAIL
PHILLIPS, PRIME SPONSOR OF HB 41, expressed concern
regarding the wording on page 5, lines 8 through 10. She
noted the bill states that the plans for the operation of
ski areas must be approved, and the bill lists several
different persons or entities. She said, The question is,
who makes that determination?
Discussion ensued.
Number 294
REP. MACKIE offered Amendment 1, page 5, line 8: delete
semicolon through line 10. There were no objections and the
amendment was adopted.
Number 330
MS. NUSBAUM raised the concern that on page 10, line 22, the
bill states that a person caught skiing in a reckless and
careless manner can have their skiing privileges revoked,
but it doesn't specify how long.
REP. MULDER responded that the ski area operators would have
to define that in their own written policies.
Number 349
MS. NUSBAUM inquired of the subcommittee if the subject of
small nonprofit ski areas was brought up.
RREP. MULDER responded no.
Number 362
CRAIG LINDH, REPRESENTING HIMSELF, stated that he was in
support of HB 41.
Number 380
REP. GREEN moved Amendment 2, page 10, line 16: after
skiers add "...including equipment rental agreements."
Discussion ensued.
Number 440
REP. PORTER offered a friendly amendment to Amendment 2,
page 10, line 16: add the words "...and printed upon
equipment rental agreements."
Amendment 2 as amended was adopted with unanimous consent.
REP. BRIAN PORTER moved that CSHB 41(L&C)am pass with
individual recommendations. No objections were heard; it
was so ordered.
HB 65: FINANCIAL ADMINISTRATION OF STATE GOVT.
CHAIRMAN HUDSON brought up HB 65.
Number 539
STEPHANIE COLE, DEPUTY ADMINISTRATIVE DIRECTOR, ALASKA COURT
SYSTEM (Court System), testified via teleconference from
Anchorage in opposition to the transfer of the Office of
Public Advocacy's budget to the Court System. Ms. Cole
stated the Court System was opposed specifically to Sections
49, 64 and 69 of HB 65.
TAPE 8, SIDE B
Number 001
CHAIRMAN HUDSON suggested that the discussion be continued
at a future date when the committee could hear from the head
of the Office of Public Advocacy (OPA), and the committee
had a chance to review the material presented in written
form.
Number 010
CHERYL FRASCA, DIRECTOR, DIVISION OF BUDGET REVIEW, OFFICE
OF MANAGEMENT AND BUDGET, OFFICE OF THE GOVERNOR, testified
on HB 65. Ms. Frasca read the sectional analysis of the
bill and offered to answer any questions. (The sectional
analysis is available in the committee file.)
Number 455
REP. GREEN asked about the fiscal impact of transferring the
OPA to the Court System.
MS. FRASCA responded that the Court System would have to pay
the going market cost for attorneys, which would increase
the fiscal impact.
Number 465
ART SNOWDEN, ADMINISTRATIVE DIRECTOR, ALASKA COURT SYSTEM,
testified that the cost to the Court System would be
$449,000. Mr. Snowden also pointed out that this issue
surfaced in 1991 and the Office of Management and Budget did
a review at that time and found it to be a bad idea.
MR. SNOWDEN noted that the major problem was not the
agencies that administered the programs, it was the
uncontrollable factors. In this case, the Office of Public
Advocacy doesn't know from year to year how many people
will be walking through their doors with what types of
crimes.
Number 475
REP. PORTER inquired if the appointment structure would
change if the OPA is transferred from Administration to the
Court System.
MR. SNOWDEN responded that most of the court mandated
appointments were made because the court had previously
ruled that the persons in this situation had a
constitutional right to representation. He further noted
that the amount of work would not change who administers the
funding.
Number 500
MS. COLE stated that in statute 25.24.310 the court may
appoint an attorney to represent a minor in custody disputes
between the parents.
Number 600
JAY DULANY, DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT
OF PUBLIC SAFETY, announced that he was present at the
committee meeting to answer any questions the committee
members might have.
Number 702
CHAIRMAN HUDSON asked who acquires vehicle registration
lists and if there were any problems with rights of privacy.
MR. DULANY responded that vehicle registration lists were
public information under Title 9. He further stated that
there were only two requests for the entire file.
Number 751
CHAIRMAN HUDSON expressed his concern that the title of the
bill might not be sufficiently broad enough to cover the
whole bill.
TAPE 93-9, SIDE A
Number 000
REP. PORTER asked Mr. Dulany how Alaska's fee structure
stacked up against the rest of the states'.
Number 013
MR. DULANY stated that Alaska's passenger registration fees
were about average. Many states attach a tax to the
registration fees, which causes Alaska's total fees to be
very low. Commercial vehicles, even without a tax, are
significantly lower than most other states.
Number 028
REP. MULDER inquired if there was a demand for special
license plates.
MR. DULANY stated there is a demand for special license
plates and the state could produce some revenue this way.
Number 037
REP. MULDER asked that it be noted that he liked the optic
yellow license plates.
REP. SITTON asked who was exempt from the license fees and
how much was lost by those exemptions.
Number 043
MR. DULANY stated he did not have that information with him.
Number 065
CHAIRMAN HUDSON wanted to know the importance of this
legislation of the Governor's FY 94 budget. Chairman Hudson
noted that a number of the sections in HB 65 carried a
fiscal impact and he wanted to inquire how that would affect
the governor's budget.
Number 078
MS. FRASCA replied that the increase in revenues was not
reflected in the Governor's budget, with two exceptions,
amounting to approximately $750,000.
Number 115
CHAIRMAN HUDSON asked Ms. Frasca if any portions of the
legislation was tied to other legislation, specifically, the
clean air bill.
Number 119
MS. FRASCA responded that the some of the agencies did
indicate a relationship, but she did not have that
information with her.
Number 123
CHAIRMAN HUDSON asked Ms. Frasca to provide a cross
reference so the committee could see the relationships
between this omnibus bill and other pieces of legislation,
federal law or order.
Number 128
REP. PORTER asked for the rationale for charging a fee for
certification to corrections officers but not for Department
of Public Safety officers.
Number 144
JACK WRAY, EXECUTIVE DIRECTOR, POLICE STANDARDS COUNCIL,
DEPARTMENT OF PUBLIC SAFETY, answered that the problem was
in the wording.
Number 160
REP. PORTER commented that all officers should be treated
the same.
CHAIRMAN HUDSON adjourned the meeting at 4:55 p.m.
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