Legislature(1993 - 1994)
02/24/1994 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
February 24, 1994
3:00 p.m.
MEMBERS PRESENT
Rep. Bill Hudson, Chairman
Rep. Joe Green, Vice Chair
Rep. Brian Porter
Rep. Bill Williams
Rep. Eldon Mulder
MEMBERS ABSENT
Rep. Joe Sitton
Rep. Jerry Mackie
COMMITTEE CALENDAR
*HB 302: "An Act excluding certain recreational activities
sponsored by an employer from coverage provided
under workers' compensation, unless participation
is required as a condition of employment; and
providing for an effective date."
PASSED OUT OF COMMITTEE
HB 309: "An Act relating to disposals of state land within
five miles of the right-of-way of the Dalton
Highway to a licensed public utility or a licensed
common carrier."
HEARD AND HELD IN COMMITTEE
*HB 300: "An Act relating to civil liability for commercial
recreational activities; and providing for an
effective date."
PASSED OUT OF COMMITTEE
*HB 413: "An Act increasing excise taxes on cigarettes,
tobacco products, and alcoholic beverages; and
providing for an effective date."
HEARD AND HELD IN COMMITTEE
(* First public hearing.)
WITNESS REGISTER
REP. MIKE NAVARRE
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-3779
Position Statement: Sponsor of HB 300
REP. GENE THERRIAULT
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-4797
Position Statement: Sponsor of HB 309
JERRY GALLAGER, Director
Division of Mining
Department of Natural Resources
P.O. Box 107016
Anchorage, Alaska 99510-7016
762-2165
Position Statement: Supported HB 309
MICHAEL WALLERI
Tanana Chiefs Conference Inc.
122 First Ave.
Fairbanks, Alaska 99707
452-8251
Position Statement: Opposed CSHB 309
KEITH QUINTAVELL
North Slope Borough
P.O. Box 69
Barrow, Alaska 99723
852-0320
Position Statement: Opposed HB 309
(Spoke via teleconference)
EARL FINKLER
City of Barrow
P.O. Box 629
Barrow, Alaska 99723
852-5211
Position Statement: Opposed HB 309
(Spoke via teleconference)
BART HENDERSON
Gastineau Guiding Co./Chilkat Guides Ltd.
P.O. Box 170
Haines, Alaska 99827
766-2491
Position Statement: Supported HB 300
KAREN COWART
Alaska Visitors Association
3201 C Street, Suite 403
Anchorage, Alaska 99503
561-5733
Position Statement: Supported HB 300
BOB ENGELBRECHT
Temsco Helicopters
1650 Mudlesden Way
Juneau, Alaska 99801
789-9501
Position Statement: Supported HB 300
NANCY LETHCOE
Alaska Wilderness Recreation and Tourism Association
P.O. BOX 1353
Valdez, Alaska 99686
835-4300
Position Statement: Supported HB 300
(Spoke via teleconference)
PETE BUIST
P.O. Box 71561
Fairbanks, Alaska 99707
457-7189
Position Statement: Supported HB 300
(Spoke via teleconference)
ERUK WILLIAMSON
Alaska Wilderness Society
12720 Lupine
Anchorage, Alaska 99516
345-7678
Position Statement: Supported HB 300
(Spoke via teleconference)
JACK KREINHEDER
9850 Nine Mile Creek Road
Juneau, Alaska 99801
586-2405
Position Statement: Supported HB 300
MICHAEL JOHNSON, Staff
Rep. Joe Sitton
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
Position Statement: Supported HB 300
LOREN JONES, Director
Division of Alcoholism and Drug Abuse
Department of Health and Social Services
P.O. Box 110607
Juneau, Alaska 99811-0607
465-2071
Position Statement: Supported HB 413
GLEN RAY, Director
Division of Public Health
Department of Health and Social Services
P.O. Box 110610
Juneau, Alaska 99811-0610
465-3140
Position Statement: Supported HB 413
PAUL DICK
Income and Excise Audit Division
P.O. Box 110420
Juneau, Alaska 99811-0420
465-3691
Position Statement: Provided information on HB 413
PREVIOUS ACTION
BILL: HB 302
SHORT TITLE: WORKERS COMP FOR RECREATIONAL ACTIVITIES
SPONSOR(S): REPRESENTATIVE(S) NAVARRE,Mulder
JRN-DATE JRN-PG ACTION
05/06/93 1665 (H) READ THE FIRST TIME/REFERRAL(S)
05/06/93 1665 (H) L&C, STATE AFFAIRS, FINANCE
02/24/94 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 309
SHORT TITLE: DISPOSAL OF DALTON HWY RIGHT-OF-WAY LAND
SPONSOR(S): REPRESENTATIVE(S) THERRIAULT,James
JRN-DATE JRN-PG ACTION
01/03/94 2007 (H) PREFILE RELEASED
01/10/94 2007 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2008 (H) L&C, RESOURCES, FINANCE
01/11/94 2034 (H) COSPONSOR(S): JAMES
02/22/94 (H) L&C AT 03:00 PM CAPITOL 17
02/22/94 (H) MINUTE(L&C)
02/24/94 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 300
SHORT TITLE: LIABILITY: COMMERCIAL RECREATION ACTIVITY
SPONSOR(S): LABOR & COMMERCE
JRN-DATE JRN-PG ACTION
05/06/93 1665 (H) READ THE FIRST TIME/REFERRAL(S)
05/06/93 1665 (H) L&C, JUDICIARY, FINANCE
09/10/93 (H) L&C AT 09:00 AM CAPITOL 17
02/24/94 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 413
SHORT TITLE: INCREASE TOBACCO & ALCOHOL TAXES
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
JRN-DATE JRN-PG ACTION
01/28/94 2180 (H) READ THE FIRST TIME/REFERRAL(S)
01/28/94 2180 (H) L&C, STATE AFFAIRS, FINANCE
01/28/94 2180 (H) -ZERO FISCAL NOTE (REV) 1/28/94
01/28/94 2180 (H) GOVERNOR'S TRANSMITTAL LETTER
02/24/94 (H) L&C AT 03:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 94-15, SIDE A
Number 001
CHAIRMAN HUDSON convened the meeting at 3:14 p.m.
HB 302 - WORKERS COMP FOR RECREATIONAL ACTIVITIES
Number 005
REPRESENTATIVE MIKE NAVARRE, Prime Sponsor of HB 302,
offered the following sponsor statement for HB 302:
House Bill 302 offers a solution to recreational sponsorship
by saying that as long as the participation is voluntary and
not a condition of employment, then no workers' compensation
liability extends to the employer/sponsor.
Recent interpretations of law have placed generous Alaska
employers in jeopardy concerning team sponsorships.
Recreational activities funded by an employer, according to
court interpretation, implies liability for injury that
occur while the employee is participating in an optional
recreational activity. For example, an employer supplies
uniforms, umpiring fees, field rental fees or other team
related items. The courts have treated that involvement as
an employer-sanctioned activity. The result has been that
many employers are reluctant to increase their risk and
legal exposure for a recreational activity and are less
likely to support recreational leagues throughout Alaska.
Number 059
REP. MULDER moved HB 302 with individual recommendations and
zero fiscal notes. No objections were heard; it was so
ordered.
HB 309 - DISPOSAL OF DALTON HWY RIGHT-OF-WAY LAND
Number 076
REPRESENTATIVE GENE THERRIAULT, Prime Sponsor of HB 309,
read the following sponsor statement into the record:
This legislation seeks to address a problem recently brought
to my attention concerning land disposals along the Dalton
Highway. State statutes currently prohibit disposing of
state land within five miles of the right of way of the
Dalton Highway for anything other than oil and gas leases or
for oil and gas exploration, development, productions or
transportation north of 68 degrees north latitude. Also
prohibited are materials sales for anything other than oil
and gas related activities or for reconstruction or
maintenance of the highway north of 68 degrees north
latitude. The prohibition prevents a private telephone
company, which is seeking land in order to expand services
to Coldfoot, from obtaining the necessary acreage. This
legislation would solve the problem and authorize the
Department of Natural Resources to dispose of land to a
licensed public utility or a licensed common carrier.
After proposing legislation to address the communications
issue, I was made aware of larger problems concerning leases
within the entire Dalton Highway corridor, which affect both
the DNR and the Department of Transportation and Public
Facilities. Since August, 1992, more than 650,000 acres of
land at selected sites along the corridor have been
transferred to the state from BLM. The land selections
encompass several existing BLM leases. Because DNR does not
have the authority to renew these leases taken over from the
federal government, the state's ability to manage the land
in the future is at jeopardy. DNR is also prohibited from
removing or disposing of gravel, which is required for
improving the airport at Deadhorse. Also affected is the
Department of Transportation and Public Facilities, which
recommends that the bill be amended to allow disposal of
state land and materials for construction, improvement and
maintenance of public facilities. Such an amendment would
facilitate work on corridor airports, service roads, access
roads and waysides, as well as the entire length of the
Dalton Highway.
In response, I have respectfully submitted a sponsor
substitute that would allow for nonresidential development
within "development nodes" such as Coldfoot and Happy
Valley. It would also allow for land and materials disposal
for reconstruction or maintenance of state highways and
construction or maintenance of airports.
I urge your favorable vote on this very important
legislation. Thank you.
REP. THERRIAULT stated that he has worked with the
department to define what is a development node and how much
land is being discussed. The result was to put into statute
specific property descriptions to allay any concerns that
this bill was designed to open up the whole Dalton highway.
REP. THERRIAULT added that currently, for example, in
Coldfoot the Department of Natural Resources can allow the
Department of Transportation to take gravel by simply
maintaining the section of the road around Coldfoot.
REP. PORTER moved adoption of the CS for HB 309. No
objections were heard; it was so ordered.
REP. THERRIAULT noted that his intent with HB 309 is to
address the communications question. He stated that there
is a private communication provider that would like to
expand services.
Number 200
CHAIRMAN HUDSON asked the sponsor to run through the
differences between the original bill and the CS.
REP. THERRIAULT said that initially HB 309 only dealt with
the communications issue and the CS expands to the
description of the development nodes, which clearly outlines
what property development could take place in. The CS also
clarifies the access to materials.
Number 212
JERRY GALLAGER, Director, Division of Mines, Department of
Natural Resources, testified in support of HB 309. Mr.
Gallager stated that the department does not believe the
language of HB 309 is not a broad opening of activities on
the Haul road; it simply recognizes generally what is
currently happening. It will allow the department to
provide for the continuation of these activities.
MR. GALLAGER said that the BLM has given very limited land
along the haul road. They have given certain permits and
leases that the state is prohibited from renewing in most
cases under AS 19. This bill would allow for renewals or
grant new authorizations for maintenance of airports and
some other activities.
Number 242
MIKE WALLERI, General Council, Tanana Chiefs Conference,
testified against CSHB 309. The conference did not oppose
the original bill and did not have any problems with the
majority of the sponsor's intentions. The conference
believes there are needs for telecommunications, a need for
the department to manage its existing leases its inherited,
a need for gravel on the road, and a strong need for safety.
MR. WALLERI stated that the Chiefs' concern is that the CS
is overly broad and that it would open up the haul road to a
unregulated amount of development.
MR. WALLERI stated that the corridor is a critical part of
the state of Alaska. The current laws are a product of past
legislatures balancing environmental issues, subsistence
issues and industrial development of the North Slope.
MR. WALLERI explained that the development node concept
comes out of a BLM plan that was adopted by the prior
federal administration. This invoked litigation against the
BLM. The BLM adopted the Resource Management Plan, RMP,
which identified the development of development nodes and
encouraged them.
MR. WALLERI noted that due to the litigation referenced
above and its subsequent settlement, the BLM has undertaken
a comprehensive review of the RMP. Mr. Walleri believes if
the state relies on the prior plan, which may not be valid,
the state may find itself in another controversy creating
inholdings in federal enclaves.
MR. WALLERI stated the major problem with the committee
substitute is nonresidential disposals. He added that the
history of nonresidential settlement in Alaska has been
residential in effect.
MR. WALLERI suggested deletion of that section of the
committee substitute. He added that everything the
department said it wanted to do in that area could be done
without this section.
Number 353
REP. THERRIAULT asked Mr. Walleri if that would allow the
department to renew or renegotiate BLM leases.
Number 363
MR. WALLERI said it may be necessary to amend the bill to
cover that issue, but he added that the bill is much broader
than that. It does not address existing nonresidential
uses. He added that the Chiefs do not have any problem with
what is going on in the corridor now, but they don't want to
see a massive land disposal that would cause additional
problems.
Number 373
KEITH QUINTAVELL, North Slope Borough, testified via
teleconference on HB 309. Mr. Quintavell stated that he
understood the committee to be looking at the committee
substitute for SB 210. Mr. Quintavell stated that the
section of the bill that provided for disposal of land under
38.05.810(e) was supported by the borough. That section
clearly states that when public utilities or common carriers
demonstrate need for land can obtain land in this manner.
This serves the public interest.
MR. QUINTAVELL further stated that the section providing for
the maintenance and construction of airports and highways is
also in the public interest.
MR. QUINTAVELL, North Slope Borough, testified against the
inclusion of developmental nodes.
MR. QUINTAVELL stated that the North Slope Borough has
municipal land selections under Title 29 at Deadhorse,
Franklin Bluffs and Happy Valley. The North Slope Borough
interprets the prohibitions on 19.40.200 to exclude Title 38
types of disposals. Mr. Quintavell said the borough feels
that if there is a desire to allow development at these
areas, the simplest way to accomplish it would be to convey
the land selections noted above to the North Slope Borough.
MR. QUINTAVELL noted that the Department of Natural
Resources in Fairbanks has told the borough that they cannot
convey the land along the haul road that have been selected
under Title 29 because of the prohibition in 19.40.200. The
department has asked for the borough's support in lifting
the prohibitions on all Title 38 types of disposals. In
January, the borough asked the commissioner of Natural
Resources for clarification on 19.40.200. The borough feels
that this provision clearly states that the state is not to
dispose of land under Title 38 not Title 29. Therefore,
they do not understand why the state does not convey to the
borough their land selections.
MR. QUINTAVELL said that the State of Alaska has not
produced a land use plan required under 38.04.065. The
borough supported a plan before and land disposals.
Number 433
REP. THERRIAULT asked Mr. Quintavell, if those selections
went through, would the North Slope want to sell gravel
products from your land?
Number 440
MR. QUINTAVELL responded that the North Slope would be
interested in selling gravel, as well as providing other
facilities; i.e., a truck stop, etc.
MR. QUINTAVELL added that the North Slope Borough does not
believe that enacting new legislation was necessary for this
type of development to take place. This development could
take place under existing laws by conveying lands to the
North Slope Borough under Title 29 and allowing the
development to proceed in that fashion.
Number 455
EARL FINKLER, City of Barrow, testified via teleconference
against HB 309. Mr. Finkler stated the city supports the
borough in opposition to the opening of the road, and stated
concerns about the comprehensive planning regarding the road
by all parties involved.
MR. FINKLER stated that he asked, at the last hearing, if
there would be any impacts of this legislation on the
original purpose of the restrictions. He stated that his
understanding was that those restrictions were put in to
preserve maximum opportunity for the efficient
transportation and support of oil and gas development.
MR. FINKLER added that the City of Barrow has long been
concerned about some other state disposals, in particular,
the Barrow airport and adjacent construction sites for the
airports. The city would like to see the state get back to
these issues before they deal with too many other land
disposal issues.
Number 475
CHAIRMAN HUDSON stated that the whole issue of land disposal
currently tied up in the mental health trust litigation is
gaining attention by the administration and he is hopeful
some of these issues will be settled.
CHAIRMAN HUDSON asked if Mr. Quintavell would put together a
short position paper with suggestions on how the legislation
can accommodate those points not in dispute and satisfy the
concerns he brought up.
Number 495
CHAIRMAN HUDSON asked the sponsor if the committee should
look for an amendment that would accommodate the concerns
presented.
Number 500
REP. THERRIAULT responded that he did not have a problem
with changing the language, as long as the end result is the
same. He noted that Mr. Walleri suggested that a section
could be deleted and still achieve all the goals, and he
would like further information on this.
Number 509
MR. GALLAGER disagreed that Mr. Walleri's assessment. Mr.
Gallager believed that the language on page, 1, line 13, was
needed in order to dispose of gravel; and to issue longer
term leases and whatever is necessary for development along
the haul road.
Number 515
CHAIRMAN HUDSON asked that Rep. Therriault and Mr. Gallager
obtain the necessary information from the City of Barrow and
the North Slope Borough and put together a revised draft
that satisfies the interests and concerns.
Number 532
REP. THERRIAULT noted that SB 210 is a similar bill and he
thought it had passed the Senate and was being transmitted
to the House. He stated it was his intent to use SB 210 as
a vehicle and work with the sponsor, Sen. Sharp to seek
passage.
HB 300 - LIABILITY: COMMERCIAL RECREATION ACTIVITY
Number 542
CHAIRMAN HUDSON brought up HB 300, sponsored by the House
Labor & Commerce Committee, read the following sponsor
statement for the record:
The Adventure Travel Society estimates that adventure travel
and ecotourism segments of the travel industry are growing
at a rate of 20% a year. The economic contributions of
Alaska's wilderness based tourism, while undocumented, are
undoubtedly important. AWRTA estimates that there are over
2,000 natural resource dependent tourism businesses in
Alaska. Although few of these businesses employ upwards of
50 people, many are small, supporting or contributing to the
income of only a few families. They are, however, Alaskan-
based and vital to local employment. Unlike larger
recreational outfits, these businesses keep their dollars in
Alaska. They purchase their goods here, employ local
residents, remain in-state, and spend the dollars they make
here, thus providing both economic diversity and stability
to many communities.
Many of these small businesses, however, are facing an
uncertain future due to the high costs associated with
insurance premiums and operation of such businesses. In
order to encourage the continuance and survival of
increasingly popular outdoor recreational activities, some
kind of structure is needed to assure that both operators
and participants become knowledgeable of, and assume
responsibility for inherent risks. House Bill 300 was
introduced to establish the responsibilities of persons who
operate and participate in commercial recreational
activities. HB 300 in no way relieves recreational
businesses/operators from liability. It simply establishes
a framework that may help in the litigation process by
stating that the state has recognized your responsibilities
and sends the message that steps have been taken to educate
both the operator and participant as to these
responsibilities. While insurance premiums are based on
many factors, including one's history of claims, similar
legislation in Colorado has had the effect of lowering
insurance premiums 15 to 20 percent.
HB 300 establishes a balance of responsibility between
operators and participants, without diminishing the
responsibility of wither party.
Number 572
CHAIRMAN HUDSON stated there are three amendments to HB 300
for consideration:
1) Page 2, line 13, adds that participants are responsible
for their children who are under the age of 18. This
amendment was is in response to concerns that there
sometimes the assumption on the part of parents that they
are off duty because they are on vacation. It would also
clarify that operators responsible for ensuring the safety
of all their clients does not absolve parents from their
responsibilities as parents.
2) Page 2, line 24, requires employees who are in contact
with participants to be trained in CPR as a minimum standard
of first aid which operators will be responsible.
3) Page 3, lines 2 to 4, deletes the definition of premises.
Number 594
BART HENDERSON, Chilkat Guides of Haines, testified in
support of HB 300. Mr. Henderson stated that not only are
insurance premiums going up, but the number of carriers is
decreasing rapidly. He noted that his business is mostly
rafting and there are only two choices in the United States
of insurance carriers.
MR. HENDERSON added that many of the ecotourism businesses
rely on the cruise ships to pre-sell the trips. Many of the
frivolous cases brought against his type of business also
name as many of the deep pockets they can find, like the
cruise lines. When this happens, the cruise line industry
becomes hesitant to sell any trips on board that have
inherent risk involved.
Number 624
REP. GREEN asked Mr. Henderson if HB 300 passed did he have
any information that would imply that insurance rates would
come down.
TAPE 94-15, SIDE B
Number 001
KAREN COWART, Alaska Visitors Association (AVA), testified
in support of HB 300. Ms. Cowart stated that the
association is extremely concerned regarding the rising cost
of liability insurance. The AVA believes HB 300 is a win-
win situation because it protects both client and business.
Number 050
BOB ENGELBRECHT, Temsco Helicopters, testified in support of
HB 300. He stated HB 300 basically clarifies what the
responsibilities are for participants and operators. Mr.
Engelbrecht dittoed Mr. Henderson's testimony regarding the
inherent risk in the ecotourism business.
MR. ENGELBRECHT noted that sometimes a claim against his
company is not high enough for the insurance industry to
fight, so they settle and raise premiums.
Number 103
NANCY LETHCOE, President, Alaska Wilderness Recreation and
Tourism Association (AWRTA), testified via teleconference in
support HB 300. She said HB 300 establishes the
responsibilities of tour operators and participants. It
increases the safety of commercial recreational activities
through better preparedness on the part of tour operators to
respond to a medical situation and increased awareness by
trip participants of the inherent risks. The bill reduces
the likelihood of frivolous suits, which are becoming a
significant problem in the industry elsewhere. At AWRTA's
annual meeting last year, a representative from AWRTA's
group insurance company gave several examples of insurance
scams that "tourists" are running in other states.
MS. LETHCOE said other states, including Wisconsin and
Colorado, have passed similar legislation. It has resulted
in significant reductions in insurance premiums. Insurance
premiums in Alaska are extremely high for small tour
operators. Alaska Wilderness Sailing Safaris pays about $10
a day per person in insurance costs for guests to walk in
the Chugach National Forest. This is in addition to
insurance for the time they spend sailing. For Alaskan
commercial recreation businesses to remain competitive
price-wise with other states, they must have comparable
insurance rates.
MS. LETHCOE added that her organization advocates an
amendment to the bill on page 3, Section 3, that the
definition of recreational activity be expanded to include
hunting, dog sledding and long trips.
On behalf of their 230 business members, MS. LETHCOE
encouraged the committee to pass this bill out of committee
as soon as possible.
Number 207
CHAIRMAN HUDSON advised that the staff attorney has informed
the committee that they should resist the temptation of
expanding the definition. He noted that it may be better to
not list anyone so as not to preclude anyone.
CHAIRMAN HUDSON added that he had received a suggestion that
the committee amend the section to read, "a supervised
commercial outdoor activity, undertaken for the purpose of
exercise, relaxation or pleasure."
Number 237
PETE BUIST, professional member of the Big Game Commercial
Services Board, representing himself, testified via
teleconference in support of HB 300. He thought the new
definition suggested above would include hunting. Mr. Buist
added that the hunting/guiding business has had relatively
few accidents, but the legislature in 1988 required the
hunting guides to carry a relatively high and expensive
level of liability insurance. Mr. Buist noted that at that
time his insurance went from $800 a season to over $2,500 a
season while guiding three or four clients and not using an
airplane.
Number 290
ERUK WILLIAMSON, a registered guide/outfitter, represents
hunting and sport fishing on the board of directors of the
Alaska Wilderness Recreation and Tourism Association,
addressed the committee via teleconference and strongly
urged passage of HB 300.
MR. WILLIAMSON believed HB 300 would clarify what the
responsibilities are between client and operator and would
result in insurance companies lowering liability premiums.
MR. WILLIAMSON added that he also supports the deletion of
specifically naming the types of recreational activities
mentioned by the chairman earlier.
Number 311
JACK KREINHEDER, representing himself as a consumer,
testified in support of HB 300. He noted the amount of
insurance the providers of recreational opportunities have
to pay ultimately gets passed on to the consumer. He said
HB 300 would be beneficial to both consumer and provider.
Number 335
CHAIRMAN HUDSON asked the committee to consider adoption of
the three amendments he mentioned earlier:
Amendment 1: on page 2, line 13, after "person" insert
"participants children;" and on page 2, line 31, insert a
new paragraph to read, "Children means persons under 18
years of age" and renumber the paragraphs.
No objections were heard, it was so ordered.
Amendment 2: on page 2, lines 24 and 25, delete "basic
first aid" and insert "CPR."
REP. PORTER suggested that the committee add the requirement
of CPR to the requirement of basic first aid not in lieu of.
Number 370
MS. LETHCOE stated that her group would like to keep the
basic first aid requirement, but understood the importance
of CPR for certain types of activities.
Number 390
MR. HENDERSON stated that "basic first aid" should really be
called Red Cross Basic First Aid as that was a title that
you could be certified in. He said these programs have a
required number of hours of study to receive certification.
Number 425
REP. PORTER suggested that the committee add CPR to basic
first aid or define it further. If the committee does not
define it further, then the issue will get litigated.
CHAIRMAN HUDSON suggested a modification to the amendment to
just add CPR to the requirement of basic first aid.
Number 446
REP. PORTER stated that requiring all employees to have this
kind of training might be overkill.
Number 453
REP. MULDER believed that the language "first aid training"
and "CPR" training would give a general background and a
specific background that would cover most circumstances.
Number 486
REP. PORTER suggested using "basic first aid" as a minimum,
because it is definable as a minimum. He expressed concern
that by taking the word "basic" out it might be expected
that a more advanced level of training is necessary
depending on the circumstances.
Number 495
MICHAEL JOHNSON, staff to Rep. Sitton, stated that a working
group on HB 300 met and had trouble with this issue as well.
He stated that one particular standard you set may not be
available or appropriate in all areas.
Number 500
REP. PORTER suggested that the committee leave the language
at "basic first aid" and work it out in the Judiciary
Committee.
Number 505
REP. MULDER moved Amendment 2 as amended. No objections
were heard, it was so ordered.
Number 510
REP. PORTER moved Amendment 3, page 3, lines 2 to 4, and
delete all the material in between. No objections were
heard, it was so ordered.
Number 522
CHAIRMAN HUDSON asked the committee to consider Amendment 4:
on page 3, line 6, after the word "pleasure" delete language
until line 9. The concern is that by listing the activities
as it is in the current bill the legislation might
inadvertently exclude something.
Number 531
REP. PORTER expressed concern that the language in this
section might not include hunting and fishing.
Number 564
REP. PORTER expressed concern with the term "supervised"
that appears on line 5. He felt that if a client is not
under immediate observation by the guides and something
happens, it could be litigated.
CHAIRMAN HUDSON read Amendment 4 as amended - "recreational
activities means a commercial outdoor activity undertaken
for the purpose of hunting, sport fishing, exercise,
relaxation or pleasure." No objections were heard, it was
so ordered.
Number 590
REP. MULDER moved HB 300 as amended, with fiscal notes and
individual recommendations. No objections were heard, it
was so ordered.
HB 413 - INCREASE TOBACCO & ALCOHOL TAXES
Number 619
LOREN JONES, Division of Alcoholism and Drug Abuse,
Department of Health and Social Services, testified in
support of HB 413. Mr. Jones stated that HB 413 does raise
the alcohol tax significantly. The Division of Alcoholism
is interested in HB 413 and its potential effect on the
consumption of alcohol. Alaska currently ranks currently
ranks fourth in the nation in the consumption of alcohol.
MR. JONES noted that the last time the tax was raised was
1983 and consumption has gone down from that year until this
year when consumption went back up. Mr. Jones stated that
the tax increase of 1983 had a significant influence on the
decrease of consumption, and that inflation may be coming
into play with the increase we are seeing now.
MR. JONES told the committee that the increase tax may have
some affect on the consumption of alcohol by youth.
TAPE 94-16, SIDE A
Number 001
MR. JONES concluded by saying it was the Division of
Alcohol's belief that HB 413 will decrease consumption and
combat some of the impacts of alcohol abuse.
Number 010
CHAIRMAN HUDSON asked Mr. Jones what the Division's annual
budget was at this time.
Number 013
MR. JONES replied 21 million -- 12% general fund money, 85%
mental health trust land money, and the rest from the
federal government.
Number 015
REP. MULDER asked if there was any statistical information
that would verify the supposition that increased price would
decrease usage.
Number 020
MR. JONES showed the committee a graph that tracked usage
from 1981 to present. The graph clearly showed a decrease
in consumption after the tax increase in 1983.
Number 025
CHAIRMAN HUDSON asked how that corresponded to population
growth.
Number 031
MR. JONES replied that the population has increased.
Number 036
REP. MULDER asked if there were other influences around that
time that may have affected the consumption of alcohol.
Number 050
MR. JONES replied that in the 1980's tougher legislation on
drunk driving was passed; there was increased prevention in
the schools; drug free school money came from the federal
government; and prevention among youth and education for
adults were a priority. Mr. Jones added that the increased
tax on alcohol in 1983 was not the only factor in the
decrease in consumption, but he believed it was an important
one.
Number 070
REP. MULDER stated that if the point of the legislation was
to raise revenue, this was a good way; but if it was to
deter alcohol use, he didn't believe it was effective.
REP. MULDER added for the record, if this tax was approved,
it would make Alaska the highest rate of alcohol tax in the
nation.
Number 081
GLEN RAY, Division of Public Health, testified in support of
HB 413. Mr. Ray stated that the Division supports HB 413
for the purpose of reducing the burden of disease caused by
tobacco use. Casual links exist between tobacco use and
many chronic diseases. Mr. Ray stated that tobacco is a
drug that when used as directed will kill one out of three
long term users, and disable many more. He said tobacco is
as addictive as heroin and cocaine.
MR. RAY provided the committee with a position paper
supporting HB 413 that included statistics regarding smoking
and its related costs.
MR. RAY sated that affordability of tobacco appears to be
the most important determinant of the number of children who
will start smoking. An increase in the cigarette excise tax
may be the most effective approach to reducing tobacco use.
He added that teenagers are much more responsive than adults
to increases in the price of cigarettes because they have
less disposable income and may be three times more sensitive
to price increases than adults' consumption. Also, children
and teenagers are usually less addicted than many adult
smokers and, therefore, more likely to be able to stop
smoking when prices increase.
MR. RAY concluded by saying that an increased tobacco tax
will immediately show a drop in consumption by youth and
decrease in the number of youth who begin to use tobacco
products.
Number 120
PAUL DICK, Department of Revenue, testified regarding the
fiscal note to HB 413.
MR. DICK stated that HB 413 would increase excise taxes on
liquor, wine and beer by 50% and it would double the current
excise tax on tobacco. The additional revenues this bill
would generate based on this year's consumption level would
be just under $15 million.
CHAIRMAN HUDSON adjourned the meeting at 5:00 p.m.
| Document Name | Date/Time | Subjects |
|---|