Legislature(2017 - 2018)BARNES 124

04/06/2018 03:15 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 108 MEDICAL CARE/LICENSING/MEDICAL BOARD TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+= HB 136 MOTOR VEHICLE DEALER FRANCHISES TELECONFERENCED
Moved CSHB 136(TRA) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 264 SHOPPING BAG FEES & RECYCLING TELECONFERENCED
Moved CSHB 264(L&C) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 6, 2018                                                                                          
                           3:24 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sam Kito, Chair                                                                                                  
Representative Adam Wool, Vice Chair                                                                                            
Representative Andy Josephson                                                                                                   
Representative Louise Stutes                                                                                                    
Representative Gary Knopp                                                                                                       
Representative Colleen Sullivan-Leonard                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Chris Birch                                                                                                      
Representative Mike Chenault (alternate)                                                                                        
Representative Bryce Edgmon (alternate)                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 136(TRA)                                                                                                  
"An  Act  relating to  motor  vehicle  franchises, motor  vehicle                                                               
dealers,   motor  vehicle   manufacturers,   and  motor   vehicle                                                               
distributors."                                                                                                                  
                                                                                                                                
     - MOVED CSHB 136(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 264                                                                                                              
"An Act relating to a  fee for disposable shopping bags; relating                                                               
to the sale of reusable  shopping bags; relating to the recycling                                                               
of  disposable  shopping bags;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 264(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SS FOR SENATE BILL NO. 108(FIN)                                                                        
"An  Act relating  to the  State Medical  Board; relating  to the                                                               
licensing  of physicians,  osteopaths, and  podiatrists; relating                                                               
to  the  certification of  medical  assistants;  relating to  the                                                               
practice  of  medicine; relating  to  the  practice of  podiatry;                                                               
relating to the practice of  osteopathy; relating to assault of a                                                               
medical professional; and providing for an effective date."                                                                     
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 136                                                                                                                  
SHORT TITLE: MOTOR VEHICLE DEALER FRANCHISES                                                                                    
SPONSOR(s): REPRESENTATIVE(s) CLAMAN                                                                                            
                                                                                                                                
02/20/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/17       (H)       TRA, L&C                                                                                               
03/16/17       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
03/16/17       (H)       <Bill Hearing Canceled>                                                                                
03/21/17       (H)       TRA AT 1:00 PM BARNES 124                                                                              
03/21/17       (H)       Heard & Held                                                                                           
03/21/17       (H)       MINUTE(TRA)                                                                                            
04/13/17       (H)       TRA AT 1:00 PM BARNES 124                                                                              
04/13/17       (H)       -- MEETING CANCELED --                                                                                 
03/27/18       (H)       TRA AT 1:15 PM BARNES 124                                                                              
03/27/18       (H)       Heard & Held                                                                                           
03/27/18       (H)       MINUTE(TRA)                                                                                            
03/29/18       (H)       TRA AT 1:15 PM BARNES 124                                                                              
03/29/18       (H)       Moved CSHB 136(TRA) Out of Committee                                                                   
03/29/18       (H)       MINUTE(TRA)                                                                                            
03/30/18       (H)       TRA RPT CS(TRA) NT 5DP                                                                                 
03/30/18       (H)       DP: SULLIVAN-LEONARD, DRUMMOND, CLAMAN,                                                                
                         KOPP, WOOL                                                                                             
04/02/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/02/18       (H)       Heard & Held                                                                                           
04/02/18       (H)       MINUTE(L&C)                                                                                            
04/06/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 264                                                                                                                  
SHORT TITLE: SHOPPING BAG FEES & RECYCLING                                                                                      
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON                                                                                         
                                                                                                                                
01/16/18       (H)       PREFILE RELEASED 1/8/18                                                                                
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       CRA, L&C                                                                                               
01/30/18       (H)       CRA AT 3:00 PM BARNES 124                                                                              
01/30/18       (H)       -- MEETING CANCELED --                                                                                 
02/10/18       (H)       CRA AT 10:00 AM BARNES 124                                                                             
02/10/18       (H)       Heard & Held                                                                                           
02/10/18       (H)       MINUTE(CRA)                                                                                            
02/13/18       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/13/18       (H)       Heard & Held                                                                                           
02/13/18       (H)       MINUTE(CRA)                                                                                            
02/22/18       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/22/18       (H)       Moved CSHB 264(CRA) Out of Committee                                                                   
02/22/18       (H)       MINUTE(CRA)                                                                                            
02/23/18       (H)       CRA RPT CS(CRA) 1DP 2DNP 3AM                                                                           
02/23/18       (H)       DP: DRUMMOND                                                                                           
02/23/18       (H)       DNP: SADDLER, TALERICO                                                                                 
02/23/18       (H)       AM: LINCOLN, KREISS-TOMKINS, PARISH                                                                    
03/09/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/09/18       (H)       Scheduled but Not Heard                                                                                
03/10/18       (H)       L&C AT 3:00 PM BARNES 124                                                                              
03/10/18       (H)       Heard & Held                                                                                           
03/10/18       (H)       MINUTE(L&C)                                                                                            
04/04/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/04/18       (H)       Heard & Held                                                                                           
04/04/18       (H)       MINUTE(L&C)                                                                                            
04/06/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE CLAMAN                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Reintroduced HB 136 as prime sponsor.                                                                    
                                                                                                                                
STEVE ALWINE, Board Member                                                                                                      
Alaska Automobile Dealer Association                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 136.                                                                          
                                                                                                                                
LESTER NICHOLS, Owner                                                                                                           
Fairbanks Nissan                                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 136.                                                                          
                                                                                                                                
LISA DELANEY, Staff                                                                                                             
Representative Andy Josephson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained Amendment 2 to HB 264 on behalf                                                                
of Representative Josephson.                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:24:32 PM                                                                                                                    
                                                                                                                                
CHAIR  SAM KITO  called  the House  Labor  and Commerce  Standing                                                             
Committee  meeting to  order at  3:24 p.m.  Representatives Kito,                                                               
Josephson, Stutes,  Knopp, and Sullivan  Leonard were  present at                                                               
the call to  order.  Representatives Wool arrived  as the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
             HB 136-MOTOR VEHICLE DEALER FRANCHISES                                                                         
                                                                                                                                
3:25:28 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  first order of business  would be                                                               
HOUSE  BILL   NO.  136,  "An   Act  relating  to   motor  vehicle                                                               
franchises,  motor vehicle  transactions, motor  vehicle dealers,                                                               
motor vehicle manufacturers, and motor vehicle distributors."                                                                   
                                                                                                                                
3:25:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN, Alaska  State Legislature, reintroduced HB                                                               
136  as prime  sponsor.   He said  the proposed  bill would  help                                                               
consumers  and  is  supported  by franchise  owners  and  is  not                                                               
opposed by industry.                                                                                                            
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD  asked  about opposition  to  HB                                                               
136.                                                                                                                            
                                                                                                                                
REPRESENTATIVE CLAMAN answered that  industry has not opposed the                                                               
current proposed bill.                                                                                                          
                                                                                                                                
REPRESENTATIVE SULLIVAN-LEONARD asked whether  there had been any                                                               
comment opposing the proposal.                                                                                                  
                                                                                                                                
REPRESENTATIVE  CLAMAN  answered  he   had  heard  only  positive                                                               
comments and  pointed out that  there were no  industry lobbyists                                                               
present.                                                                                                                        
                                                                                                                                
3:28:14 PM                                                                                                                    
                                                                                                                                
STEVE   ALWINE,   Board    Member,   Alaska   Automobile   Dealer                                                               
Association,  testified  in support  of  HB  136.   He  said  the                                                               
proposed bill  would serve to  update the state's  franchise laws                                                               
which had  not been  updated since  2004.   It serves  to provide                                                               
reasonable protections to dealers and  the public. The bill would                                                               
address  warranties  and  dealer succession.  He  highlighted  it                                                               
would provide protections for consumers in outlying areas.                                                                      
                                                                                                                                
3:30:14 PM                                                                                                                    
                                                                                                                                
LESTER NICHOLS, Owner, Fairbanks  Nissan, testified in support of                                                               
HB 136.   He said  the bill would  help secure his  investment in                                                               
the business.  He praised the work of Representative Claman.                                                                    
                                                                                                                                
3:32:06 PM                                                                                                                    
                                                                                                                                
CHAIR KITO closed public testimony on HB 136.                                                                                   
                                                                                                                                
CHAIR KITO remarked there is a revised fiscal note.                                                                             
                                                                                                                                
3:32:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  moved to  report HB  136 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
3:33:07 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:33 p.m. to 3:35 p.m.                                                                       
                                                                                                                                
               HB 264-SHOPPING BAG FEES & RECYCLING                                                                         
                                                                                                                                
3:35:43 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  final order of business  would be                                                               
HOUSE BILL  NO. 264,  "An Act  relating to  a fee  for disposable                                                               
shopping bags;  relating to the  sale of reusable  shopping bags;                                                               
relating  to  the  recycling of  disposable  shopping  bags;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:36:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOSEPHSON   said   he   had   prepared   several                                                               
amendments,  and   moved  to  adopt  Amendment   1,  labeled  30-                                                               
LS1178\R.1, Nauman, 3/26/18, which read as follows:                                                                             
                                                                                                                                
     Page 3, line 25:                                                                                                           
          Delete "July 1, 2019"                                                                                                 
          Insert "January 1, 2020"                                                                                              
                                                                                                                                
REPRESENTATIVE   JOSEPHSON  explained   that  the   Amendment  is                                                               
designed to put off the effective  date for 6 months to 20 months                                                               
out to  get people ready for  the concept of going  to stores and                                                               
retail sites and  carry away their goods in  something other than                                                               
a lightweight shopping bag.                                                                                                     
                                                                                                                                
3:37:22 PM                                                                                                                    
                                                                                                                                
CHAIR KITO removed his objection. There being no further                                                                        
objections, Amendment 1 was adopted.                                                                                            
                                                                                                                                
3:37:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to adopt Amendment 2, labeled 30-                                                                
LS1178\R.4, Nauman, 4/5/18, which read as follows:                                                                              
                                                                                                                                
     Page 1, line 2:                                                                                                            
          Delete "relating to the sale of reusable shopping                                                                   
     bags;"                                                                                                                   
                                                                                                                                
     Page 2, lines 25 - 26:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 2, line 28:                                                                                                           
          Delete ", (c), or (d)"                                                                                                
          Insert "or (c)"                                                                                                       
                                                                                                                                
CHAIR KITO objected for discussion.                                                                                             
                                                                                                                                
3:37:57 PM                                                                                                                    
                                                                                                                                
LISA DELANEY, Staff, Representative  Andy Josephson, Alaska State                                                               
Legislature, explained  Amendment 2  on behalf  of Representative                                                               
Josephson.  She  said the amendment would  remove the requirement                                                               
for retailers to sell plastic bags at point of sale.                                                                            
                                                                                                                                
CHAIR KITO asked for confirmation that retailers would be                                                                       
allowed to sell bags, but not required to.                                                                                      
                                                                                                                                
MS. DELANEY confirmed that was correct.                                                                                         
                                                                                                                                
CHAIR KITO removed his objection.  There being no other                                                                         
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
3:38:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON moved to adopt Amendment 3, labeled 30-                                                                
LS1178\R.3, Nauman, 4/5/18, which read as follows:                                                                              
                                                                                                                                
     Page 1, lines 1 - 2:                                                                                                       
          Delete "relating to a minimum price for paper and                                                                   
     other shopping bags;"                                                                                                    
                                                                                                                                
     Page 1, lines 10 - 11:                                                                                                     
          Delete "and the minimum price established in (c)                                                                      
     of this section do"                                                                                                        
          Insert "does"                                                                                                         
                                                                                                                                
     Page 2, lines 12 - 24:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 2, line 28:                                                                                                           
          Delete ", (c), or (d)"                                                                                                
          Insert "or (c)"                                                                                                       
                                                                                                                                
     Page 3, line 21:                                                                                                           
          Delete ";"                                                                                                            
          Insert "."                                                                                                            
                                                                                                                                
     Page 3, lines 22 - 24:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
MS. DELANEY explained the amendment  would remove the .10 minimum                                                               
fee  for  non-plastic  bags  or  bags that  are  thicker  than  4                                                               
millimeters.                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  asked whether  the amendment  would remove                                                               
the ban on bags thinner than  or thicker than 4 millimeters.  She                                                               
asked whether it would remove all charges for any bags.                                                                         
                                                                                                                                
MS.  DELANEY answered  in the  affirmative.   She  said it  would                                                               
prohibit only the "very thin, flimsy bags."                                                                                     
                                                                                                                                
3:40:02 PM                                                                                                                    
                                                                                                                                
CHAIR KITO removed his objection to Amendment 3.                                                                                
                                                                                                                                
3:40:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  asked whether  the  4  millimeter size  is                                                               
mentioned in the bill.                                                                                                          
                                                                                                                                
REPRESENTATIVE JOSEPHSON  answered it  is found  on page  3, line                                                               
20.                                                                                                                             
                                                                                                                                
3:40:36 PM                                                                                                                    
                                                                                                                                
CHAIR KITO stated that Amendment 3 was adopted.                                                                                 
                                                                                                                                
3:40:47 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO  remarked  there  is  a lot  of  support  within  his                                                               
communities for  the ban.   He spoke to  the time when  paper was                                                               
seen as  more damaging to  the environment and plastic  bags were                                                               
considered more environmentally friendly.  He said he thinks this                                                               
is a good idea and something to do on a state-wide basis                                                                        
                                                                                                                                
3:42:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  moved to report  HB 264 out of  committee as                                                               
amended  with  individual  recommendations and  the  accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
3:42:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SULLIVAN-LEONARD objected.                                                                                       
                                                                                                                                
3:42:29 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Josephson, Wool,                                                               
Knopp,   Stutes,   and  Kito   voted   in   favor  of   HB   264.                                                               
Representative Sullivan-Leonard voted against  it.  Therefore, HB                                                               
264 was  reported out  of the House  Labor and  Commerce Standing                                                               
Committee by a vote of 5-1.                                                                                                     
                                                                                                                                
3:43:40 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
3:43 p.m.                                                                                                                       

Document Name Date/Time Subjects
HB 264 Summary of changes from ver O to R.pdf HL&C 4/6/2018 3:15:00 PM
HB 264
HB136 Fiscal Note LAW-CIV 4.4.18.pdf HL&C 4/6/2018 3:15:00 PM
HB 136
HB264 Amendment R.1.pdf HL&C 4/6/2018 3:15:00 PM
HB 264
HB264 Amendment R.4.pdf HL&C 4/6/2018 3:15:00 PM
HB 264
HB264 Amendment R.3.pdf HL&C 4/6/2018 3:15:00 PM
HB 264
HB264 Support Letters 4.6.18.pdf HL&C 4/6/2018 3:15:00 PM
HB 264