Legislature(1993 - 1994)
03/09/1993 03:00 PM L&C
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.