Legislature(1993 - 1994)

02/09/1993 03:00 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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               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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