Legislature(1993 - 1994)
04/01/1993 03:00 PM House L&C
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE
STANDING COMMITTEE
April 1, 1993
3:00 p.m.
MEMBERS PRESENT
Rep. Bill Hudson, Chairman
Rep. Joe Green, Vice Chairman
Rep. Brian Porter
Rep. Eldon Mulder
Rep. Bill Williams
Rep. Jerry Mackie
Rep. Joe Sitton
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HB 221: "An Act relating to workers' compensation for
volunteer ambulance attendants, police officers,
and fire fighters; and providing for an effective
date."
PASSED OUT OF COMMITTEE
HB 180: "An Act relating to the residential housing
inspection requirements of the Alaska Housing
Finance Corporation."
PASSED OUT OF COMMITTEE
*HB 222: "An Act relating to landlords and tenants, to
termination of tenancies and recovery of rental
premises, to tenant responsibilities, to the civil
remedies of forcible entry and detainer and
nuisance abatement, and to the duties of peace
officers to notify landlords of arrests involving
certain illegal activity on rental premises."
PASSED OUT OF COMMITTEE
SB 83: "An Act relating to an alcohol server education
course."
PASSED OUT OF COMMITTEE
*HB 187: "An Act authorizing the interception of private
communications related to the commission of
certain criminal offenses; making related
amendments to statutes relating to eavesdropping
and wiretapping; relating to the penalty for
violation of statutes relating to eavesdropping
and unauthorized interception, publication, or use
of private communications; and providing for an
effective date."
PASSED OUT OF COMMITTEE
*HB 14: "An Act making an appropriation for capitalization
of the BIDCO fund; and providing for an effective
date."
PASSED OUT OF COMMITTEE
HB 237: "An Act relating to marine pilot licensing and
tariffs."
HEARD AND HELD IN COMMITTEE
SB 64: "An Act relating to civil liability for workplace
safety inspections; and providing for an effective
date."
POSTPONED
HB 241: "An Act relating to workers' compensation; and
providing for an effective date."
POSTPONED
(* First public hearing.)
WITNESS REGISTER
REP. BILL HUDSON
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-3744
Position Statement: Prime Sponsor of HB 221
JOHN GEORGE
9515 Moraine Way
Juneau, Alaska 99801
789-0172
Position Statement: Supported HB 221
PATRICK T. EGGERS
First Vice President
Alaska State Fire Fighters Association
P.O. Box 240282
Douglas, Alaska 99824
364-3366
Position Statement: Supported HB 221
DAVID HARDING, Staff
Rep. Eileen MacLean
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-4833
Position Statement: Spoke on behalf of prime sponsor
of HB 180
FIRLE REDBURN
National Bank of Alaska
P.O. Box 1469
Nome, Alaska 99762
443-2223
Position Statement: Supported HB 180
ROBIN HARRISON
National Bank of Alaska
P.O. Box 53
Barrow, Alaska 99723
852-6200
Position Statement: Supported HB 180
MYRON MCCUMBER
P.O. Box 1388
Barrow, Alaska 99723
852-6588
Position Statement: Supported HB 180
JIM MCCORMACK
Alaska Banking Association
P.O. Box 100600
Anchorage, Alaska 99510
265-2878
Position Statement: Supported HB 180
ROBIN WARD
Building Association of Anchorage
P.O. Box 91443
Anchorage, Alaska 99509
345-6955
Position Statement: Supported HB 180
JOHN URE
P.O. Box 288
Naknek, Alaska 99633
246-8298
Position Statement: Supported HB 180
TONY DOYLE
Alaska State Home Builder's Association
7984 Spur Highway
Kenai, Alaska 99611
283-3886
Position Statement: Supported HB 180
JIM STEVENS
P.O. Box 69
Barrow, Alaska 99723
852-2185
Position Statement: Supported HB 180
JOE GRAHAM
P.O. Box 101157
Anchorage, Alaska 99516
562-4915
Position Statement: Supported HB 180
STEVE WISDOM
Kenai Peninsula Builder's Association
P.O. Box 4184
Homer, Alaska 99603
235-5607
Position Statement: Supported HB 180
REP. JEANNETTE JAMES
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-3743
Position Statement: Prime Sponsor of HB 222
ANNETTE KOCH
P.O. Box 30
Ester, Alaska 99725
479-0030
Position Statement: Supported HB 222
MYRNA SHEETS
1028 Evergreen St.
Fairbanks, Alaska 99709
456-8760
Position Statement: Supported HB 222
HAROLD HUME
4016 Birch Lane
Fairbanks, Alaska 99709
479-6724
Position Statement: Supported HB 222
BETTY JOHNSON
1508 Haselton Rd.
Fairbanks, Alaska 99709
479-6860
Position Statement: Supported HB 222
SAM HELMS
1524 Stacia
Fairbanks, Alaska 99701
452-3849
Position Statement: Supported HB 222
JEROME BYRD
2224 Eastland
Fairbanks, Alaska 99701
451-7375
Position Statement: Supported HB 222
JOHN TODD
13320 Crestview Dr.
Anchorage, Alaska 99516
345-2257
Position Statement: Supported HB 222
DOUGLAS ISAACSON
State Director
Credit Services
2254 Crane Ct.
Fairbanks, Alaska 99709
455-6608
Position Statement: Supported HB 222
ALICE BREWER
1201 W. 45th
Anchorage, Alaska 99503
563-6734
Position Statement: Supported HB 222
JOE GRAHAM
P.O. Box 101157
Anchorage, Alaska 562-4915
Position Statement: Supported HB 222
CHARLES LIPPITT
2203 McKinley Ave.
Anchorage, Alaska 99517
248-4770
Position Statement: Supported HB 222
HANS METZ
5305 E. 42nd
Anchorage, Alaska 99508
333-6670
Position Statement: Supported HB 222
EUGENE DEVINE
2115 Turnagain Parkway
Anchorage, Alaska 99517
248-0258
Position Statement: Supported HB 222
DIXIE DIXON
2600 Cordova St., #100
Anchorage, Alaska 99503
257-0127
Position Statement: Supported HB 222
RUTH PEGER
3873 Peger Rd.
Fairbanks, Alaska 99709
452-1334
Position Statement: Supported HB 222
JAMES E. FISHER
Alaska Legal Services Corp.
419 - 6th St.
Juneau, Alaska 99801
586-6425
Position Statement: Opposed HB 222
RICHARD ILLGEN
7061 Lowell Circle
Anchorage, Alaska 99502
243-6962
Position Statement: Opposed HB 222
MARK BUTTERFIELD, Attorney
Alaska Legal Services
1016 W. 6th Ave., #200
Anchorage, Alaska 99501
272-9431
Position Statement: Opposed HB 222
JOSH FINK, Staff
Senator Tim Kelly
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-3822
Position Statement: Sen. Kelly Prime Sponsor of SB 83
MARGOT KNUTH
Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, Alaska 99801
465-3428
Position Statement: Supported HB 187
CAPTAIN GLENN FLOTHE
Alaska State Troopers
5700 E. Tudor Road
Anchorage, Alaska 99507-1225
269-5655
Position Statement: Supported HB 187
REP. BETTYE DAVIS
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-3875
Position Statement: Prime sponsor of HB 14
JOHN SIBERT, Executive Director
Alaska Science and Technology Foundation
550 - 7th St.
Anchorage, Alaska 99501
272-4337
Position Statement: Supported HB 14
JOE KYLE
Alaska Steamship Association
116 Gold St.
Juneau, Alaska 99801
586-3107
Position Statement: Opposed HB 237
DAVID MILLEN
Alaska Marine Pilots
Dutch Harbor, Alaska 99692
258-5800
Position Statement: Supported HB 237
WILL ANDERSON
Alaska Marine Pilots
57920 Glacier View Dr.
Homer, Alaska 99603
235-5278
Position Statement: Supported HB 237
TERRY BENNETT
Alaska Coastwise Pilots Association
P.O. Box 3046
Ketchikan, Alaska 99901
225-7245
Position Statement: Supported HB 237
KARL LUCK, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110806
Juneau, Alaska 99811-0806
465-2538
Position Statement: Supported HB 237
PREVIOUS ACTION
BILL: HB 221
SHORT TITLE: WORKERS COMP:VOLUNTEER FIRE FIGHTERS, ETC
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) HUDSON,Grussendorf,Mulder
TITLE: "An Act relating to workers' compensation for
volunteer ambulance attendants, police officers, and fire
fighters; and providing for an effective date."
JRN-DATE JRN-PG ACTION
03/12/93 619 (H) READ THE FIRST TIME/REFERRAL(S)
03/12/93 619 (H) CRA, LABOR & COMMERCE, FINANCE
03/25/93 (H) CRA AT 01:00 PM CAPITOL 124
03/30/93 (H) CRA AT 01:00 PM CAPITOL 124
03/30/93 (H) MINUTE(CRA)
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
03/30/93 (H) MINUTE(CRA)
03/31/93 872 (H) CRA RPT 6DP
03/31/93 872 (H) DP: TOOHEY, WILLIS, SANDERS,
DAVIES
03/31/93 872 (H) DP: BUNDE, OLBERG
03/31/93 872 (H) -2 ZERO FISCAL NOTES(ADM,LABOR)
3/31/93
04/01/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 180
SHORT TITLE: AHFC HOUSING INSPECTION REQUIREMENTS
BILL VERSION: HB 180 AM
SPONSOR(S): REPRESENTATIVE(S) MACLEAN
TITLE: "An Act relating to the residential housing
inspection requirements of the Alaska Housing Finance
Corporation."
JRN-DATE JRN-PG ACTION
02/25/93 455 (H) READ THE FIRST TIME/REFERRAL(S)
02/25/93 455 (H) CRA, LABOR & COMMERCE
03/11/93 (H) CRA AT 01:00 PM CAPITOL 124
03/11/93 (H) MINUTE(CRA)
03/17/93 (H) CRA AT 01:00 PM CAPITOL 124
03/19/93 (H) MINUTE(CRA)
03/22/93 730 (H) CRA RPT 3DP 4NR
03/22/93 730 (H) DP: TOOHEY, OLBERG, WILLIAMS
03/22/93 730 (H) NR: SANDERS,BUNDE,DAVIES,WILLIS
03/22/93 730 (H) -ZERO FISCAL NOTE (REV) 3/22/93
03/31/93 (H) MINUTE(ECO)
04/01/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 222
SHORT TITLE: USE OF RENTED PROPERTY/LAW VIOLATIONS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) JAMES,Porter
TITLE: "An Act relating to landlords and tenants, to
termination of tenancies and recovery of rental premises, to
tenant responsibilities, to the civil remedies of forcible
entry and detainer and nuisance abatement, and to the duties
of peace officers to notify landlords of arrests involving
certain illegal activity on rental premises."
JRN-DATE JRN-PG ACTION
03/12/93 619 (H) READ THE FIRST TIME/REFERRAL(S)
03/12/93 619 (H) LABOR & COMMERCE, JUDICIARY
04/01/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: SB 83
SHORT TITLE: ALCOHOL SERVER EDUCATION COURSE
BILL VERSION:
SPONSOR(S): SENATOR(S) KELLY
TITLE: "An Act relating to an alcohol server education
course."
JRN-DATE JRN-PG ACTION
02/01/93 204 (S) READ THE FIRST TIME/REFERRAL(S)
02/01/93 204 (S) HES, L&C
02/19/93 (S) HES AT 01:30 PM BUTROVICH 205
02/19/93 (S) MINUTE(HES)
02/22/93 437 (S) HES RPT 3DP 2NR
02/22/93 437 (S) ZERO FISCAL NOTE (REV)
02/22/93 437 (S) L&C REFERRAL WAIVED
02/23/93 (S) RLS AT 01:45 AM FAHRENKAMP 203
02/23/93 (S) MINUTE(RLS)
03/15/93 801 (S) RULES RPT 2 CAL 1NR 3/15/93
03/15/93 809 (S) READ THE SECOND TIME
03/15/93 809 (S) ADVANCED TO THIRD READING UNAN
CONSENT
03/15/93 809 (S) READ THE THIRD TIME SB 83
03/15/93 809 (S) PASSED Y18 N1 E1
03/15/93 809 (S) ADAMS NOTICE OF RECONSIDERATN
03/16/93 831 (S) RECONSIDERATION NOT TAKEN UP
03/16/93 831 (S) TRANSMITTED TO (H)
03/17/93 674 (H) READ THE FIRST TIME/REFERRAL(S)
03/17/93 674 (H) LABOR & COMMERCE
04/01/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 187
SHORT TITLE: INTERCEPTION OF PRIVATE COMMUNICATIONS
BILL VERSION:
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
TITLE: "An Act authorizing the interception of private
communications related to the commission of certain criminal
offenses; making related amendments to statutes relating to
eavesdropping and wiretapping; relating to the penalty for
violation of statutes relating to eavesdropping and
unauthorized interception, publication, or use of private
communications; and providing for an effective
date."
JRN-DATE JRN-PG ACTION
03/01/93 488 (H) READ THE FIRST TIME/REFERRAL(S)
03/01/93 488 (H) LABOR & COMMERCE, JUDICIARY,
FINANCE
03/01/93 488 (H) -3 ZERO FNS(ADM,DPS,LAW) 3/1/93
03/01/93 488 (H) -INDETERMINATE FISCAL NOTE (ADM)
3/1/93
03/01/93 488 (H) GOVERNOR'S TRANSMITTAL LETTER
04/01/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 14
SHORT TITLE: APPROP: BIDCO FUND
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) B.DAVIS,Brown,Nordlund
TITLE: "An Act making an appropriation for capitalization of
the BIDCO fund; and providing for an effective date."
JRN-DATE JRN-PG ACTION
01/04/93 28 (H) PREFILE RELEASED
01/11/93 28 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 28 (H) LABOR & COMMERCE, STATE AFFAIRS,
FINANCE
01/27/93 168 (H) COSPONSOR(S): NORDLUND
03/31/93 (H) MINUTE(ECO)
03/31/93 (H) MINUTE(ECO)
BILL: HB 237
SHORT TITLE: MARINE PILOT LICENSING AND TARIFFS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) HUDSON,Phillips,Brice,Sitton,
Sanders
TITLE: "An Act relating to marine pilot licensing and
tariffs."
JRN-DATE JRN-PG ACTION
03/19/93 707 (H) READ THE FIRST TIME/REFERRAL(S)
03/19/93 707 (H) L&C, TRANSPORTATION, STA AFF,
FINANCE
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
04/01/93 (H) L&C AT 03:00 PM CAPITOL 17
04/01/93 (H) TRA AT 05:00 PM CAPITOL 17
BILL: SB 64
SHORT TITLE: IMMUNITY FOR SAFETY INSPECTIONS
BILL VERSION: CSSB 64(JUD)(EFD FLD)
SPONSOR(S): LABOR & COMMERCE
TITLE: "An Act relating to civil liability for workplace
safety inspections."
JRN-DATE JRN-PG ACTION
01/22/93 137 (S) READ THE FIRST TIME/REFERRAL(S)
01/22/93 137 (S) LABOR & COMMERCE, JUDICIARY
02/04/93 (S) L&C AT 01:30 PM BELTZ ROOM 211
02/04/93 (S) MINUTE(L&C)
02/10/93 313 (S) L&C RPT 3DP 2NR
02/10/93 313 (S) ZERO FISCAL NOTE (DCED)
02/19/93 (S) JUD AT 01:30 PM BELTZ ROOM 211
02/19/93 (S) MINUTE(JUD)
02/22/93 (S) JUD AT 01:30 PM BELTZ ROOM 211
02/22/93 (S) MINUTE(JUD)
02/24/93 461 (S) JUD RPT CS 2DP 1NR 1DNP 1AM
SAME TITLE
02/24/93 461 (S) PREVIOUS ZERO FN APPLIES (DCED)
03/03/93 (S) RLS AT 10:45 AM FAHRENKAMP 203
03/03/93 (S) MINUTE(RLS)
03/05/93 614 (S) RULES RPT 3CAL 1DNP W/O AM
3/5/93
03/05/93 623 (S) READ THE SECOND TIME
03/05/93 623 (S) JUD CS ADOPTED UNAN CONSENT
03/05/93 625 (S) AM NO 1 FAILED Y7 N11 E2
03/05/93 626 (S) AM NO 2 FAILED Y8 N10 E2
03/05/93 627 (S) AM NO 3 FAILED Y7 N11 E2
03/05/93 629 (S) AM NO 4 FAILED Y8 N10 E2
03/05/93 630 (S) AM NO 5 FAILED Y8 N10 E2
03/05/93 630 (S) AM NO 6 FAILED Y7 N11 E2
03/05/93 631 (S) ADVANCED TO THIRD READING UNAN
CONSENT
03/05/93 631 (S) PASSED Y11 N7 E2
03/05/93 632 (S) EFFECTIVE DATE FAILED Y11 N7 E2
03/05/93 632 (S) Duncan NOTICE OF RECONSIDERATN
03/08/93 659 (S) RECON TAKEN UP-IN THIRD READING
03/08/93 659 (S) PLACE AT BOTTOM OF CAL PASSED
Y11 N8 E1
03/08/93 673 (S) RETURN TO SECOND FOR AM 1
UNAN CONSENT
03/08/93 674 (S) AM NO 7 FAILED Y8 N11 E1
03/08/93 674 (S) AUTOMATICALLY IN THIRD READING
03/08/93 674 (S) PASSED ON RECONSIDERATION Y11
N8 E1
03/08/93 675 (S) EFFECTIVE DATE FAILED Y12 N7 E1
03/08/93 677 (S) TRANSMITTED TO (H)
03/10/93 582 (H) READ THE FIRST TIME/REFERRAL(S)
03/10/93 582 (H) LABOR & COMMERCE, JUDICIARY
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
04/01/93 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 241
SHORT TITLE: WORKERS COMP:REQD HEALTH BEN;INSPECTIONS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MULDER
TITLE: "An Act relating to workers' compensation; and
providing for an effective date."
JRN-DATE JRN-PG ACTION
03/19/93 708 (H) READ THE FIRST TIME/REFERRAL(S)
03/19/93 709 (H) LABOR & COMMERCE, JUDICIARY
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
04/01/93 (H) L&C AT 03:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 93-31, SIDE A
Number 001
CHAIRMAN HUDSON called the meeting to order, noted members
present, and announced the day's agenda, explaining that the
meeting was being teleconferenced.
HB 221 WORKERS COMP:VOLUNTEER FIRE FIGHTERS, ETC
Number 005
CHAIRMAN BILL HUDSON, PRIME SPONSOR of HB 221, gave the
following sponsor statement:
"House Bill 221 was introduced to clarify Workers'
Compensation statutes that have been the cause of much
confusion or misinterpretation, particularly with regard to
benefits for volunteers.
"Workers compensation benefits are intended, subject to
minimum and maximum limits, to replace the lost wages of
injured workers. Section 1 of HB 221 recognizes that
volunteers should receive wage replacement based on the
actual wages lost or the comparable wage they would receive
were they paid employees rather than volunteers. Current
law limits wage loss benefits for volunteer fire fighters,
for example, who may have high earning capacity in their
regular employment, to the benefits based on the wage paid a
carrier fire fighter. House Bill 221 corrects the
inequities in benefit calculations for volunteer ambulance
attendants, police officers and fire fighters by calculating
compensation based on the higher wage earned.
"Section 2 of HB 221 is to clarify the original intent of AS
23.30.243, which is to extend coverage for volunteer fire
fighters. In the past year, compensation benefits for
volunteer fire fighters, while engaged in fire department
activities other than responding to emergencies, has been
questioned. Since `employees' are covered for injuries
arising out of and in the course of employment, volunteer
fire fighters are similarly covered. Unfortunately, AS
23.30.243 has been misinterpreted to limit coverage only to
those instances where the volunteer was responding to an
emergency. This section was originally intended to extend
coverage, not limit it.
"Therefore, in order to restore the original intent of AS
23.30.243, and to clarify once and for all that volunteers
are employees and are covered as any other employee for the
purposes of workers' compensation, Section 2 of HB 221
amends AS 23.30 by adding a new section that defines
volunteer ambulance attendants, police officers and fire
fighters as `employees.'
"Section 3 repeals AS 23.30.092. This statute has been
interpreted to mean that a municipality `may' provide
workers' compensation coverage for volunteers. Conversely,
it may be incorrectly interpreted to mean that a
municipality may elect not to provide coverage. In reality,
this section provides that an alternative policy may
substitute for a workers' compensation policy so long as the
benefits are equal or better than a statutory workers'
compensation policy. However, this section has done nothing
but cause confusion, and I believe repealing it will clarify
that all volunteers who meet the definition in AS 23.30 must
be covered by workers' compensation."
Number 190
JOHN GEORGE, representing the ALASKA STATE FIRE FIGHTERS
ASSOCIATION, testified in support of HB 221. Mr. George
stated that volunteer firefighters and the station they work
at have to be registered with the Department of Public
Safety. Secondly, the municipality where the station is
located picks up the workers' compensation. He stated that
HB 221 just clarifies the law regarding benefits for
volunteer fire fighters.
Number 238
PATRICK EGGERS, FIRST VICE PRESIDENT, ALASKA STATE FIRE
FIGHTERS ASSOCIATION, spoke in favor of HB 221 and echoed
Mr. George's statements.
Number 250
REP. MACKIE moved for passage of HB 221 with individual
recommendations.
REP. PORTER objected for clarification on the maximum amount
of money a volunteer would be entitled to under the bill.
Number 329
REP. SITTON pointed out that the schedule was already
established in law.
REP. PORTER removed his objection.
CHAIRMAN HUDSON announced that HB 221 passed out of
committee with individual recommendations and a zero fiscal
note.
HB 180 Alaska Housing Finance Corporation.
Number 357
DAVID HARDING, STAFF, REP. EILEEN MACLEAN, PRIME SPONSOR OF
HB 180, read a sponsor statement on Rep. MacLean's behalf.
Mr. Harding stated that HB 180 responds to an unintended
consequence of last year's merger of Department of Community
and Regional Affairs housing loans into Alaska Housing
Finance Corporation (AHFC). He noted that AHFC's building
inspection requirements were designed for residential
construction within municipalities or along the road system.
Their application to remote settings was not anticipated and
could result in thousands of additional dollars added to the
cost of a new home. This works against the development of
new housing in remote areas where it is most needed.
MR. HARDING added that HB 180 does not eliminate the
requirement for multiple building inspections during
construction. Instead, it allows AHFC to use some
flexibility in applying the existing criteria in remote
settings.
Number 405
FIRLE REDBURN, NATIONAL BANK OF ALASKA, testified from Nome
in support of HB 180, except for the sunset clause.
Number 418
ROBIN HARRISON, NATIONAL BANK OF ALASKA, testified from
Barrow in support of HB 180, except for the sunset clause.
Ms. Harrison stated she believes that the sunset clause
serves no purpose at this time, and if a future legislature
wanted to revisit the law, they could do so through another
bill.
Number 441
MYRON MCCUMBER testified from Barrow in support of HB 180
and echoed the above testimony.
Number 445
JIM MCCORMACK, ALASKA BANKING ASSOCIATION, testified from
Anchorage in support of HB 180, except for the sunset
clause.
Number 450
ROBIN WARD, BUILDING ASSOCIATION OF ANCHORAGE, testified
from Anchorage in support of HB 180 without the sunset
clause.
Number 455
JOHN URE testified from Anchorage in support of HB 180
without the sunset clause.
Number 536
TONY DOYLE, ALASKA STATE HOME BUILDERS ASSOCIATION,
testified from Anchorage in support of HB 180 and stated
that he suggested the sunset clause.
Number 540
JIM STEVENS testified from Barrow in support of HB 180.
Number 572
STEVE WISDOM, KENAI PENINSULA BUILDERS ASSOCIATION,
testified from Homer in support of HB 180.
REP. SITTON moved for passage of HB 180 with individual
recommendations and fiscal note. No objections were heard;
it was so ordered.
HB 222 USE OF RENTED PROPERTY/LAW VIOLATIONS
TAPE 93-31, SIDE B
Number 001
REP. JEANNETTE JAMES, PRIME SPONSOR of HB 222, stated that
HB 222 was introduced in response to a concern that current
landlord-tenant laws were weighted in favor of protecting
abusive tenants.
REP. JAMES added that HB 222 had three principal purposes:
1) amends the forcible entry and detainer statutes;
2) makes the tenant's responsibility to maintain the
dwelling unit more stringent; and
3) amends the nuisance abatement statutes.
REP. JAMES concluded that HB 222 would provide much needed
protection for landlords as well as for responsible tenants
from the damage caused by abusive tenants.
Number 137
JAMES FISHER, ALASKA LEGAL SERVICES CORP., testified against
HB 222. Mr. Fisher's comments follow:
"This plea is made as, and from, the viewpoint of an
attorney with 20 years experience in private practice of
law, and who has sympathy for the conflicting pressure(s)
upon legislators. In those 20 years I represented only
landlords, and from that perspective comes this amicus
comment on HB 222.
"HB 222's legislative history appears based on:
a) anecdotal experience, which may overlook areas of
unintended impact which leads to the next assumption;
b) that the proposed HB 222 will protect an
unsuspecting landlord against those to be called
"outlaw" tenants.
"First, the outlaw tenant probably causes most, if not all,
of the anecdotes related as a reason for HB 222. Such a
person, or persons, will evade a rental contract regardless
of legislation existing or proposed. To suggest a statute
can stop such behavior is like having confidence murder will
be deterred by laws prohibiting killing people.
"The best way to avoid the outlaw tenant is scrupulous
attention to existing law; i.e., get deposits, check
references closely, if rent is late immediately advise that
such performance will not be tolerated, etc.
"What should really worry legislators is the problem of
raising constituent expectations that HB 222, or other
changes to existing law, will solve the `outlaw' tenant
problem. When the proposed law doesn't work, what next?"
ANNETTE COOK testified from Fairbanks in support of HB 222.
Ms. Cook stated that this bill would balance the rights
between landlords and tenants.
MYRNA SHEETS testified from Fairbanks in support of HB 222.
Ms. Sheets said the current law is unfair to landlord's.
Ms. Sheets stated that HB 222 would not hurt good tenants at
all, but would protect landlord's from the "outlaw" tenants.
Number 202
HAROLD HUME, a LICENSED REAL ESTATE BROKER, stated that HB
222 would help legal costs and help get "outlaw" tenants out
before they caused damage.
Number 223
BETTY JOHNSON testified in support of HB 222 and echoed the
above comments.
Number 234
SAM HELMS testified from Anchorage in support of HB 222 and
pointed out that he has had over $10,000.00 worth of damage
done by the so called "outlaw" tenants.
Number 254
JEROME BYRD testified from Anchorage in support of HB 222.
Mr. Byrd stated that he has personal experience with the
outlaw tenant.
Number 262
DOUGLAS ISAACSON, STATE DIRECTOR for CREDIT SERVICES. Mr.
Isaacson stated that his service exists to help landlords
avoid the outlaw tenant. Mr. Isaacson supports HB 222.
Number 299
ALICE BREWER testified from Anchorage in support of HB 222.
Ms. Brewer reiterated the above testimony.
JOE GRAHAM testified from Anchorage in support of HB 222.
Mr. Graham dittoed the above supportive testimony.
CHARLES LIPPITT testified from Anchorage in support of HB
222. Mr. Lippitt stated that screening of tenants does not
always work. He said HB 222 is needed to get the bad apples
out sooner.
Number 350
JOHN TODD testified from Anchorage in support of HB 222.
Mr. Todd stated that he is a landlord who checks references,
credit reports, gets a deposit and has a complete
application process for potential tenants and still has some
slip through the cracks. He said HB 222 would be one way
for landlords to protect themselves from a bad tenant.
HANS METZ testified from Anchorage in support of HB 222.
Mr. Metz noted that HB 222 would screen out the professional
tenants who have no intention of paying the rent and know
how to play the game of protecting themselves under the
current law.
EUGENE DEVINE testified from Anchorage in support of HB 222.
Mr. Divine dittoed the testimony above.
Number 396
DIXIE DIXON testified from Anchorage in support of HB 222.
Ms. Dixon pointed out that police cannot help with landlord
tenant problems because they are understaffed. Ms. Dixon
also pointed out that adult guardians of teenagers have to
be responsible for them and their actions.
Number 440
RUTH PEGER testified from Anchorage in support of HB 222.
Ms. Peger stated that the law is too protective of the
tenant and provides very little relief for the landlord.
Number 457
RICHARD ILLGEN, an ATTORNEY representing both landlords and
tenants, stated he made the following observations on the
bill: there will always be bad tenants; HB 222 would hurt
small commercial business, as the outside large entities
would want to rent to the more established business's
instead of newer small Alaskan enterprises; there would be
more lawsuits against landlords to tie up the court system;
HB 222 does more harm than good; and renters that work on
the slope and are honestly unaware of a conflict could be
thrown out before they have a chance to solve the problem.
Mr. Illgen suggested that the committee take another look at
the bill.
Number 509
MARK BUTTERFIELD, ATTORNEY, LEGAL SERVICES CORPORATIONS,
spoke against HB 222 for two reasons: 1) HB 222 is unfair;
it takes what was a good balance between landlords and
tenants under current law and gives the landlord all the
power, and 2) there is such a thing as a bad landlord and
this bill gives no balance for the tenant in that situation.
Number 578
REP. SITTON moved HB 222 with individual recommendations and
two fiscal notes.
No objections were noted; it was so ordered.
SB 83 ALCOHOL SERVER EDUCATION COURSE
Number 586
JOSH FINK, STAFF, SENATOR TIM KELLY, PRIME SPONSOR OF SB 83,
read the sponsor statement. Mr. Fink stated that this bill
would require alcohol servers to take an alcohol server
education course approved by the Alcohol Beverage Control
Board. Mr. Fink said this bill was widely supported.
Number 596
REP. MACKIE commented that he supported SB 83 and he thought
members of the alcohol industry would also. Rep. Mackie
further stated that it was his hope that the program be
provided in the Bush communities and not require those areas
to have to travel to get the training required.
Number 613
REP. MULDER moved for passage of SB 83 with individual
recommendations. No objections were noted; it was so
ordered.
HB 187 INTERCEPTION OF PRIVATE COMMUNICATIONS
TAPE 93-32, SIDE A
Number 050
MARGOT KNUTH, ASSISTANT DISTRICT ATTORNEY, DEPARTMENT OF
LAW, spoke in support of the bill. She said HB 187 would
authorize the interception of private communications by
state law enforcement officers to investigate the serious
crimes of murder, kidnapping, and specified drug offenses.
According to Ms. Knuth, federal law allows states to enact
wiretapping laws only if, like this bill, they are at least
as restrictive and protective of private communications as
federal law. (further analysis by the Department of Law is
on file in the committee office)
Number 175
CAPTAIN GLENN FLOTHE, ALASKA STATE TROOPERS, testified in
support of HB 187. Captain Flothe stated that this bill
would be another tool to be used in the most serious of
crimes. Captain Flothe added that he supported the comments
of Ms. Knuth.
Number 218
REP. MULDER moved for passage of HB 187 with individual
recommendations and three fiscal notes.
No objections were heard; it was so ordered.
HB 14 APPROP: BIDCO FUND
Number 236
REP. BETTYE DAVIS, PRIME SPONSOR of HB 14, stated that last
year she sponsored legislation creating Business Development
Industrial Corporations (BIDCOs) in Alaska. She said BIDCOs
provide financing, management, and technical assistance to
small to medium sized business, with an emphasis on minority
and rural businesses. They address a gap for companies with
financing needs that are deemed too risky for traditional
bank lending, but do not provide the potential for high
rates of return sought by traditional venture funds.
REP. DAVIS stated that HB 14 appropriates $10 million from
the earnings reserve of the Alaska Science and Technology
endowment to initially fund the BIDCO fund.
REP. DAVIS noted that in an effort to encourage capital
sources to invest and lend money to BIDCOs, the program will
be licensed and regulated by the Department of Commerce.
This system is designed to prevent fraud, conflict of
interest and mismanagement, and to promote competent
management, accurate record keeping and appropriate
communication with shareholders. In addition, the Alaska
Science and Technology program will help assist BIDCOs in
raising substantial private investment.
REP. DAVIS said BIDCOs are one of the best opportunities for
growth and expansions for small, rural, and minority
businesses in Alaska.
Number 330
REP. MACKIE moved to bring the CS of HB 14 before the
committee.
There being no objections, it was so ordered.
Number 340
REP. MACKIE asked if the legislature had the authority to
appropriate money in future years.
REP. DAVIS answered that she would rather see the program be
funded by the end of this legislature, but it was the
Science and Technology Foundation's suggestion to spread it
out over three years. Rep. Davis stated she did not know if
the legislature had the authority to spread the funding out
over a three year period.
Number 368
JOHN SIBERT, EXECUTIVE DIRECTOR, ALASKA SCIENCE AND
TECHNOLOGY FOUNDATION, testified in support of HB 14 and
said he would like to see the funding of HB 14 carried out
without crippling the grant program.
Number 419
CHAIRMAN HUDSON noted that the committee substitute allows
for a different allocation schedule than the original bill
and wondered if Mr. Sibert could comment.
Number 423
MR. SIBERT suggested that $3 million in FY 94, $3 million in
FY 95, and $4 million in FY 96, per the fiscal note sent
down on April 6, 1993, would be the best scenario for the
foundation.
Number 485
REP. MACKIE suggested that the Finance Committee should look
at the funding in accordance with the budgeting plan they
have for the next two years.
Number 490
CHAIRMAN HUDSON stated that HB 14 should be passed out of
the Labor and Commerce Committee to Finance with the comment
that the intent that a total appropriation of $10 million be
appropriated over a three year period of time according to
the revised fiscal note provided by the Alaska Science and
Technology Foundation.
Number 502
REP. PORTER moved for passage of HB 14 with the
recommendation of the committee that it be redrafted to
comply with the revised fiscal note and with the revised
fiscal note.
No objections were heard; it was so ordered.
HB 237 MARINE PILOT LICENSING AND TARIFFS
Number 534
JOE KYLE, ALASKA STEAMSHIP ASSOCIATION, made the following
points:
- The industry supported the 1991 35% increase in
tariffs.
- The industry supports the concept of two or more
healthy pilot organizations.
- The industry opposes efforts to place limits on the
number of licensed pilots.
- The Alaska Steamship Association believes that the
present rigid entry level requirements is in itself enough
to limit the number of licenses issued.
- Once the license is issued, there are strict follow-
up requirements, which has a downward effect on the number
of licensed pilots.
- Regardless of the intent of limiting pilots, its
effect is to increase the income of those licensed.
- The industry is proud of what they pay pilots.
- The Alaska Steamship Association supports removing
the tariff setting process from the Board of Marine Pilots,
but they are not prepared at this time to support the move
to have the APUC (Alaska Public Utilities Commission) take
over these functions until more information is known.
- The Alaska Steamship Association has a philosophical
problem with aspects of a fixed tariff versus a maximum
tariff. The current tariff process where industry and
pilots negotiate is fine.
- Alaska Steamship is concerned about the language in
the bill which purports to make equipment a part of the
tariff. Equipment is not currently in the tariff, and
industry is concerned that this would open the door for
pilots to get into other businesses in the marine
environment.
- Alaska Steamship also objects to the language in the
bill that calls for inflation proofing. A pilots income is
already high and at those levels there is no need for
inflation proofing.
- Alaska Steamship intends to submit an amendment to
the bill in the near future.
(Please note that there is no TAPE 93-32, SIDE B)
TAPE 93-33, SIDE A
Number 005
CHAIRMAN HUDSON commented that inflation proofing is common
when establishing tariffs. Chairman Hudson requested that
Mr. Kyle provide more information regarding equipment in the
bill to his staff for further work.
Number 015
CHAIRMAN HUDSON emphasized that what is considered a region
in the Lower 48 usually refers to a major port. But in
Alaska it can be several small ports over a vast segment of
coastline. Chairman Hudson pointed out that it is his
belief that regional knowledge is very important in Alaska.
Number 030
CHAIRMAN HUDSON stated it was not his intention to halt a
pilot moving between regions, but he wanted safety to be the
first priority.
Number 050
MR. KYLE added that his group purposely did not address the
cross-regionalization in HB 237.
Number 065
DAVID MILLEN, ALASKA MARINE PILOTS, testified in support of
HB 237 and outlined his groups position:
- The only purpose of piloting act is public safety.
- The Act ensures safety of shipping.
- The 1991 amendments to the pilotage act were good but
failed to create an unrestricted free market enterprize
system on marine pilotage.
- Competition does not exist in pilotage because there
is not a large pool of buyers and sellers.
- Unrestricted free market pilotage puts pressure on
pilots economically to cut corners on safety because they
are competing for a limited amount of income.
- Fixed tariffs have broad public policy benefits.
When statutes impose compulsory pilotage, this bill would
require that all pilots would be treated equally. In
addition, fixed tariffs would allow the state to continue
the policy developed historically of permitting the high
revenue ports to subsidize and keep the costs down for the
less busy ports. If there are not fixed tariffs and the
tariffs are set on a purely competitive basis, the costs
would be prohibited and not in the best interest of
commerce.
- The perception that pilots make high salaries is
somewhat misleading. The average income is $100,000 minus
taxes, insurance, licensing fees, etc.
- Alaska Public Utilities Commission has resources to
set fixed tariffs in a fair manner.
- The only way to make a fixed tariff work is to set
the number of pilots licensed.
Number 312
WILL ANDERSON, ALASKA MARINE PILOTS, testified in support of
HB 237. He said HB 237 would create and maintain a system
that puts safety first. Mr. Anderson echoed Mr. Millin's
statements.
Number 368
TERRY BENNETT, CO-FOUNDER OF ALASKA COASTWISE PILOTS,
testified in opposition to HB 237. Mr. Bennett stated that
his group did not ask that this bill be introduced, and as
far as he knew, neither did the industry.
MR. BENNETT stated that HB 237 says that setting fixed
tariff's will allow industry a longer view of the tariff
situation, but also allows for the tariff's to be amended at
any time. Mr. Bennett stated this is already the case
because his group's contracts contain a clause referring to
annual adjustment, patterned after those seen in union
collective bargaining agreements.
With respect to "uniformity of tariffs," MR. BENNETT
directed the committee's attention to the state's
requirement that pilot groups publish their tariffs and
maintain them for at least a year.
MR. BENNETT stated he believes that his group has done
nothing unfair in its bargaining with industry and that
SEAPA (Southeast Alaska Pilots Association) made bad
business decisions last year and they want the legislature
to make it up for them.
MR. BENNETT suggested that if the legislature puts in play a
mechanism for a fixed tariff, it will destabalize a
bargaining procedure that all participants have haggled over
for almost two years.
MR. BENNETT said there was no need for a limitation on the
number of licensed pilots. State licensure is already self-
limiting due to the great difficulty in gaining entry into
the profession brought about by the 1991 legislation. There
is an element of unpredictability in the attrition rate of
pilots due to age, illness or death. He reminded the
committee that, as they know, fog in Sitka or Juneau can
result in air traffic delays in the summer when as many as
half of Southeast's marine pilots may be in transit.
MR. BENNETT added that limited entry is discriminatory,
unfair, and un-American.
MR. BENNETT suggested that limited cross-regional licensing
would greatly benefit safety of pilotage in Alaska,
particularly in Prince William Sound from the sea to Valdez.
(Mr. Bennett's complete statement is on file in the
committee office.)
Number 500
KARL LUCK, DIRECTOR, DIVISION OF OCCUPATIONAL LICENSING,
DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT, testified
in support of HB 237. Mr. Luck stated that his division is
in the process of auditing all pilotage reports in Southeast
to attempt to clarify the picture for the committee. Mr.
Luck stated that the report will attempt to be as accurate
as possible, but the reporting procedures are not consistent
and the job is not an easy one. The report should be
available to the committee by Tuesday, April 6, 1993.
MR. LUCK stated that the trend is that there was plenty of
work for SEAPA during that period. Mr. Luck added that the
numbers that Mr. Bennett provided are in the ball park.
No action was taken on HB 237. It was held over for a
future date.
Bills not heard today: SB 64 and HB 241.
CHAIRMAN HUDSON adjourned the meeting at 6:15 p.m.
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