Legislature(1993 - 1994)

03/09/1993 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                                   
                       STANDING COMMITTEE                                      
                          March 9, 1993                                        
                            3:00 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Bill Hudson, Chairman                                                   
  Rep. Joe Green, Vice Chairman                                                
  Rep. Brian Porter                                                            
  Rep. Jerry Mackie                                                            
  Rep. Bill Williams                                                           
  Rep. Eldon Mulder                                                            
  Rep. Joe Sitton                                                              
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *HB 168:  "An Act relating to multiple-beneficiary                           
            charitable gaming permits and door prizes for                      
            charitable gaming;  and providing for an effective                 
            date."                                                             
                                                                               
            HEARD AND MOVED FROM COMMITTEE                                     
                                                                               
  *HJR 33:  Relating to United States Coast Guard commercial                   
            fishing vessel safety regulations.                                 
                                                                               
            HEARD AND MOVED FROM COMMITTEE                                     
                                                                               
  *HB 179:  "An Act relating to motor vehicles and mobile                      
            homes; and providing for an effective date."                       
                                                                               
            HEARD AND HELD IN COMMITTEE                                        
                                                                               
  SJR 27:   Relating to United States Coast Guard commercial                   
            fishing vessel safety regulations.                                 
                                                                               
            NOT HEARD                                                          
                                                                               
  (* First public hearing.)                                                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  REP. CARL MOSES                                                              
  Alaska State Legislature                                                     
  State Capitol                                                                
  Juneau, Alaska 99801-1182                                                    
  465-4451                                                                     
  Position Statement:  Prime Sponsor of HB 168                                 
                                                                               
  JOHN HANSEN, Gaming Manager                                                  
  Division of Occupational Licensing                                           
  Department of Commerce and Economic Development                              
  P.O. Box 110806                                                              
  Juneau, Alaska  99811-0806                                                   
  465-2581                                                                     
  Position Statement:  Answered questions on HB 168                            
                                                                               
  ELSIE O'BRIEN                                                                
  Mid-Valley Seniors                                                           
  P.O. Box 168                                                                 
  Houston, Alaska  99645                                                       
  892-6114                                                                     
  Position Statement:  Supported HB 168                                        
                                                                               
  SAM KITO, Lobbyist                                                           
  Aleutian/Pribilof Islands Association, Inc.                                  
  P.O. Box 210575                                                              
  Anchorage, Alaska  99521                                                     
  337-3116                                                                     
  Position Statement:  Supported HB 168                                        
                                                                               
  DOROTHY HILL                                                                 
  Wasilla Senior Center                                                        
  1301 Center Circle                                                           
  Wasilla, Alaska  99654                                                       
  376-3104                                                                     
  Position Statement:  Supported HB 168                                        
                                                                               
  REP. HARLEY OLBERG                                                           
  Alaska State Legislature                                                     
  State Capitol                                                                
  Juneau, Alaska 99801-1182                                                    
  465-4859                                                                     
  Position Statement:  Prime Sponsor of HJR 33                                 
                                                                               
  JERRY MCCUNE, President                                                      
  United Fishermen of Alaska                                                   
  211 Fourth Street                                                            
  Juneau, Alaska  99801                                                        
  586-2820                                                                     
  Position Statement:  Supported HJR 33                                        
                                                                               
  JAY DULANY, Director                                                         
  Division of Motor Vehicles                                                   
  Department of Public Safety                                                  
  5700 E. Tudor Rd.                                                            
  Anchorage, Alaska  99507-1225                                                
  269-5559                                                                     
  Position Statement:  Supported HB 179                                        
                                                                               
  DAVID DIERDORF, Revisor of Statutes                                          
  Division of Legal Services                                                   
  Legislative Affairs Agency                                                   
  130 Seward St.                                                               
  Juneau, Alaska  99801-2105                                                   
  465-2450                                                                     
  Position Statement:  Answered questions on HB 179                            
                                                                               
  CRYSTAL SMITH                                                                
  Alaska Municipal League                                                      
  217 Second St. #200                                                          
  Juneau, Alaska 99801                                                         
  586-1325                                                                     
  Position Statement:  Commented on HB 179                                     
                                                                               
  JUANITA HENSLEY, Chief, Driver Services                                      
  Division of Motor Vehicles                                                   
  Department of Public Safety                                                  
  P.O. Box 20020                                                               
  Juneau, Alaska  99802-0020                                                   
  465-4335                                                                     
  Position Statement:  Supported HB 179                                        
                                                                               
  DALE KELLY, Executive Director                                               
  Alaska Trollers Association                                                  
  130 Seward, #505                                                             
  Juneau, Alaska  99801                                                        
  586-9400                                                                     
  Position Statement:  Supported HJR 33/Observer                               
                                                                               
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 168                                                                
  SHORT TITLE: MULTIPLE PERMITEE GAMING; PRIZE AMOUNTS                         
  BILL VERSION:                                                                
  SPONSOR(S): RULES BY REQUEST                                                 
  TITLE: "An Act relating to multiple-beneficiary charitable                   
  gaming permits and door prizes for charitable gaming; and                    
  providing for an effective date."                                            
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/19/93       390    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/19/93       390    (H)   LABOR & COMMERCE, JUDICIARY,                     
                              FINANCE                                          
  03/09/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
                                                                               
                                                                               
  BILL:  HJR 33                                                                
  SHORT TITLE: FEDERAL FISHING VESSEL SAFETY RULES                             
  BILL VERSION: SSHJR 33                                                       
  SPONSOR(S): REPRESENTATIVE(S)OLBERG,Moses,Sitton,                            
  Grussendorf,Toohey,Ulmer,Navarre,Mackie,Sanders,                             
  Hudson,Williams                                                              
                                                                               
  TITLE: Relating to United States Coast Guard commercial                      
  fishing vessel safety regulations.                                           
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  03/03/93       518    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/03/93       518    (H)   LABOR & COMMERCE                                 
  03/05/93       558    (H)   COSPONSOR(S): MACKIE,SANDERS,                    
                              HUDSON                                           
  03/08/93       569    (H)   SPONSOR SUBSTITUTE                               
                              INTRODUCED-REFERRALS                             
  03/08/93       569    (H)   LABOR & COMMERCE                                 
  03/08/93       574    (H)   COSPONSOR(S): WILLIAMS                           
  03/09/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
                                                                               
                                                                               
  BILL:  HB 179                                                                
  SHORT TITLE: MOTOR VEHICLE REGISTRATION, FEES, ETC.                          
  BILL VERSION:                                                                
  SPONSOR(S): LABOR & COMMERCE                                                 
  TITLE: "An Act relating to motor vehicles and mobile homes:                  
  and providing for an effective date."                                        
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/24/93       435    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/24/93       435    (H)   LABOR & COMMERCE, FINANCE                        
  03/09/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-19, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN HUDSON called the House Labor and Commerce                          
  Committee to order at 3:07 p.m., March 9, 1993.  Members                     
  present were Reps. Hudson, Porter, Green and Sitton.                         
  HB 168:  MULTIPLE PERMITEE GAMING; PRIZE AMOUNTS                             
                                                                               
  REP. CARL MOSES, PRIME SPONSOR of HB 168, read the following                 
  sponsor statement to the committee:                                          
                                                                               
       "This bill attempts to clarify what is inherently                       
  permissible in statute and would create a new charitable                     
  gaming permit called a `Multiple-beneficiary' permit.                        
                                                                               
       Under this permit, two to six qualified organizations                   
  would be allowed to apply jointly for the multiple-                          
  beneficiary permit.  With this permit, the holders could                     
  conduct as many games and sessions as allowed under law for                  
  individual permit holders multiplied by the number of                        
  holders of the multiple-beneficiary permit.                                  
                                                                               
       Currently, Lucky Strike Bingo of Anchorage operates                     
  under this configuration.  Lucky Strike consists of four                     
  qualified organizations who join together to conduct gaming                  
  activity without the use of an operator.  Other                              
  organizations such as church groups, soccer clubs, Native                    
  corporations and other non-profits that choose to join                       
  together in this fashion without the use of an operator will                 
  also benefit from this legislation.                                          
                                                                               
       The motivation behind this bill surfaced a few years                    
  ago when the Department of Commerce proposed, but did not                    
  adopt, regulations that would prohibit activities such as                    
  those conducted by Lucky Strike.  In response to that                        
  situation, Senate Bill 6 was introduced in 1991 that would                   
  establish a multiple-beneficiary permit.  SB 6 was not                       
  passed due to a shortage of time in the session on the                       
  Senate  Floor.                                                               
                                                                               
       HB 168 is a reintroduction of SB 6.  It is a non-                       
  controversial gaming measure and I would appreciate the                      
  committee's affirmative action."                                             
                                                                               
  Number 075                                                                   
                                                                               
  REP. PORTER asked if the bill would change the provisions                    
  for operators.                                                               
                                                                               
  Number 088                                                                   
                                                                               
  JOHN HANSEN, GAMING MANAGER, DIVISION OF OCCUPATIONAL                        
  LICENSING, answered that HB 168 in effect states in law what                 
  is already practiced under the current regulations.                          
                                                                               
  CCHAIRMAN HUDSON asked if the department supported this bill.                
                                                                               
  MR. HANSEN replied yes.                                                      
                                                                               
  REP. PORTER asked for more detail on how this bill would                     
  affect operators.                                                            
                                                                               
  MR. HANSEN noted that it does not affect operators.                          
                                                                               
  REP. PORTER asked if the requirements governing operators                    
  would be avoided by allowing permit holders to conduct the                   
  gaming themselves.                                                           
                                                                               
  MR. HANSEN replied that the same restrictions apply to both.                 
                                                                               
  (Reps. Mackie and Mulder joined the committee.)                              
  Number 154                                                                   
                                                                               
  REP. GREEN asked if this bill was for non-profits.                           
                                                                               
  MR. HANSEN replied that the gaming division issues permits                   
  to many organizations, some of which are non-profits, but                    
  the majority of them are not.                                                
                                                                               
  Number 240                                                                   
                                                                               
  ELSIE O'BRIEN, HOUSTON SENIOR CENTER, testified in support                   
  of HB 168.  Ms. O'Brien stated that the bill would give more                 
  options than are currently recognized in statute.  Ms.                       
  O'Brien provided the committee with some statistics                          
  regarding costs and profits.  (This information is in the                    
  committee file.)                                                             
                                                                               
  Number 261                                                                   
                                                                               
  (Rep. Williams joined the committee at 3:22 p.m.)                            
                                                                               
  Number 280                                                                   
                                                                               
  SAM KITO, representing the ALEUTIAN/PRIBILOF ISLANDS                         
  ASSOCIATION, INC., presented to the committee the written                    
  comments on HB 168 from Dimitri Philemonof, Executive                        
  Director of the Association.  (The written statement is on                   
  file in the committee room.)                                                 
                                                                               
  Number 327                                                                   
                                                                               
  DOROTHY HILL, WASILLA SENIORS, testified that her                            
  organization likes the idea of leasing the permit out as                     
  they do not feel capable of running the gaming, but they                     
  like the money they receive from the operator.                               
                                                                               
  Number 345                                                                   
                                                                               
  REP. MACKIE moved for passage of HB 168 with individual                      
  recommendations, one fiscal note, and unanimous consent.                     
  No objections were noted, it was so ordered.                                 
                                                                               
  Number 382                                                                   
  HJR 33:  FEDERAL FISHING VESSEL SAFETY RULES                                 
                                                                               
  REP. HARLEY OLBERG testified as the PRIME SPONSOR of HJR 33.                 
  Rep. Olberg read the following sponsor statement:                            
                                                                               
       "The U.S. Coast Guard recently announced new commercial                 
  vessel safety regulations for all commercial fishing boats                   
  which the fishing industry finds extremely difficult to                      
  understand, excessive and financially burdensome.                            
                                                                               
       These new commercial vessel safety regulations were                     
  brought to my attention by Cordova District Fisherman                        
  United.  Since that time, I have learned that many                           
  commercial fishing organizations, as well as Pacific                         
  Fisheries Legislative Task Force, have sent objections to                    
  the Coast Guard.  Senator Jacko and I introduced companion                   
  legislation to add the legislative voice for the second                      
  largest industry in the state.                                               
                                                                               
       This resolution is requesting that the Coast Guard hold                 
  public hearings and extend the comment period on the                         
  Commercial Fishing Industry Vessel Regulations and respond                   
  to fisherman's suggestions and suggestions made by naval                     
  architects not employed by the Coast Guard.                                  
                                                                               
       It also requests that a separate set of regulations for                 
  commercial fishing vessels under 79 feet be proposed, as                     
  boats less than 79 feet historically have had a class and                    
  regulations of their own.                                                    
                                                                               
       It further asks that the effective date of the                          
  regulations be delayed for a minimum of one year in order                    
  for the industry to prepare for the new regulations.                         
                                                                               
       The potential magnitude and impact of these regulations                 
  on the Alaska fleet must be fully understood and ample                       
  opportunity for comment must be provided.  This resolution                   
  seeks to ensure that process."                                               
                                                                               
  REP. OLBERG noted that the Bering Sea Fisherman's                            
  Association, Bristol Bay Driftnetters Association, Cordova                   
  District Fisherman United, Alaska Trollers, United Cook                      
  Inlet Drift Association, and the United Fisherman of Alaska                  
  support this resolution.                                                     
                                                                               
  Number 423                                                                   
                                                                               
  JERRY MCCUNE, CHAIRMAN OF THE BOARD, UNITED FISHERMAN OF                     
  ALASKA CORDOVA DISTRICT FISHERMAN'S UNITED, testified in                     
  support of HJR 33.  Mr. McCune stated that the last time the                 
  Coast Guard issued new regulations it took over two weeks to                 
  condense them into a version readily understandable.  Mr.                    
  McCune also noted that blanket regulations will not work for                 
  all vessels.                                                                 
                                                                               
  Number 445                                                                   
                                                                               
  REP. HUDSON noted his previous career with the Coast Guard,                  
  including vessel rule making, and said he believes this                      
  resolution is extremely reasonable.  Rep. Hudson told the                    
  committee that he had spoken with Congressman Young who                      
  indicated that this resolution would help him show that he                   
  has the added support from the state legislature in solving                  
  this matter.                                                                 
                                                                               
  REP. PORTER moved for passage of SSHJR 33 with a zero fiscal                 
  note, individual recommendations, and unanimous consent.  No                 
  objections were heard, it was so ordered.                                    
  HB 179 MOTOR VEHICLE REGISTRATION, FEES, ETC.                                
                                                                               
  Number 485                                                                   
                                                                               
  CHAIRMAN HUDSON explained that HB 179 was part of the                        
  original HB 65 from the Governor.  Chairman Hudson further                   
  explained that HB 65 was deemed to violate the single                        
  subject rule and consequently the bill was split in three.                   
  He noted HB 179 was essentially the part of HB 65 covering                   
  motor vehicles and mobile homes.                                             
                                                                               
  Number 496                                                                   
                                                                               
  JAY DULANY, DIRECTOR, DIVISION OF MOTOR VEHICLES (DMV),                      
  DEPARTMENT OF PUBLIC SAFETY, joined the committee to answer                  
  questions.                                                                   
                                                                               
  REP. PORTER noted a provision in statute which allows the                    
  Division of Motor Vehicles to collect personal property                      
  taxes on vehicles on behalf of a borough or municipality,                    
  and for this the DMV would retain 5 percent of the total.                    
  He said that a number of cities are currently taking                         
  advantage of this, but the problem is the fees adopted in                    
  statute in 1978 are now out-of-date.  This amendment would                   
  change the fee structure as well as increase the percentage                  
  the division would retain.                                                   
                                                                               
  Number 565                                                                   
                                                                               
  REP. HUDSON asked, if the rates shown were caps, could the                   
  municipalities increase or decrease these amounts?                           
                                                                               
  REP. PORTER explained that if they wanted the DMV to do the                  
  collection, then they would be required to use these                         
  figures. But he pointed out that it was an option they could                 
  decline and change the fee structure to suit their own                       
  needs.                                                                       
                                                                               
  Number 570                                                                   
                                                                               
  DAVID DIERDORF, STAFF ATTORNEY, DIVISION OF LEGAL SERVICES,                  
  LEGISLATIVE AFFAIRS AGENCY, stated that the amendment does                   
  fit under the single subject rule.                                           
                                                                               
  REP. MACKIE asked why some communities are exempt.                           
                                                                               
  Number 593                                                                   
                                                                               
  CRYSTAL SMITH, representing the ALASKA MUNICIPAL LEAGUE,                     
  stated that only those communities that have a personnel                     
  income tax can opt for this provision.                                       
                                                                               
  Discussion ensued regarding which sections fit where.                        
                                                                               
  Number 629                                                                   
                                                                               
  JUANITA HENSLEY, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF                   
  PUBLIC SAFETY, testified that the department would like to                   
  see the effective date be January 1.                                         
                                                                               
  TAPE 93-19, SIDE B                                                           
  Number 001                                                                   
                                                                               
  Further discussion focused on the technical side of the                      
  bill; i.e., how the sections will be renumbered and the                      
  effective date clauses.                                                      
                                                                               
  Number 045                                                                   
                                                                               
  REP. HUDSON noted that Rep. Mulder had brought up some issue                 
  regarding the registration of mobile homes.                                  
                                                                               
  Number 050                                                                   
                                                                               
  MR. DULANY responded that he had discussed that with Rep.                    
  Mulder and it was his impression that the representative                     
  wanted mobile homes to be titled and registered.                             
                                                                               
  CHAIRMAN HUDSON ordered HB 179 back to Legal Services for                    
  redrafting and announced the committee would bring it back                   
  up as a committee substitute.                                                
                                                                               
  CHAIRMAN HUDSON adjourned the meeting at 4:07 p.m.                           

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