Legislature(2003 - 2004)

04/08/2003 08:02 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 8, 2003                                                                                          
                           8:02 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative Nancy Dahlstrom                                                                                                  
Representative Bob Lynn                                                                                                         
Representative Paul Seaton                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 83                                                                                                              
"An Act naming the Sven Haakanson, Sr. Airport at Old Harbor."                                                                  
                                                                                                                                
     - MOVED SB 83 OUT OF COMMITTEE                                                                                             
                                                                                                                                
HOUSE BILL NO. 102                                                                                                              
"An Act relating to concealed deadly weapons."                                                                                  
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 81                                                                                                               
"An Act relating to motor vehicle emissions; and providing for                                                                  
an effective date."                                                                                                             
                                                                                                                                
     - MOVED CSHB 81(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 161                                                                                                              
"An Act allowing expenses of the correctional industries program                                                                
that may be financed from the correctional industries fund to                                                                   
include the salaries and benefits of state employees."                                                                          
                                                                                                                                
     - MOVED CSHB 161(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 93                                                                                                               
"An Act relating  to boating safety; repealing secs. 3,  5, 7, 9,                                                               
11, 14,  16, 18, 20, 23,  26, 27, and  30, ch. 28, SLA  2000; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 93(TRA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 202                                                                                                              
"An Act relating to false information or report."                                                                               
                                                                                                                                
     - BILL HEARING POSTPONED                                                                                                   
                                                                                                                                
HOUSE BILL NO. 60                                                                                                               
"An Act relating to construction of a legislative hall."                                                                        
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 174                                                                                                              
"An Act  relating to the  state centralized  correspondence study                                                               
program,  to   funding  for   educational  programs   that  occur                                                               
primarily outside school facilities, and  to the duties of school                                                               
boards  of  borough  and  city   school  districts  and  regional                                                               
educational  attendance areas;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                              
BILL: SB 83                                                                                                                   
SHORT TITLE:SVEN HAAKANSON AIRPORT AT OLD HARBOR                                                                                
SPONSOR(S): SENATOR(S) STEVENS G                                                                                                
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/26/03     0274       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/26/03     0274       (S)        TRA, STA                                                                                     
03/04/03                (S)        TRA AT 1:30 PM BUTROVICH 205                                                                 
03/04/03                (S)        Moved Out of Committee                                                                       
                                   MINUTE(TRA)                                                                                  
03/05/03     0354       (S)        TRA RPT 4DP                                                                                  
03/05/03     0354       (S)        DP: COWDERY, OLSON,                                                                          
                                   THERRIAULT,                                                                                  
03/05/03     0354       (S)        LINCOLN                                                                                      
03/05/03     0354       (S)        FN1: ZERO(DOT)                                                                               
03/13/03                (S)        STA AT 3:30 PM BELTZ 211                                                                     
03/13/03                (S)        Moved Out of Committee                                                                       
                                   MINUTE(STA)                                                                                  
03/17/03     0513       (S)        STA RPT 4DP                                                                                  
03/17/03     0513       (S)        DP: STEVENS G, HOFFMAN,                                                                      
                                   DYSON, COWDERY                                                                               
03/17/03     0514       (S)        FN1: ZERO(DOT)                                                                               
03/17/03     0534       (S)        RULES TO CALENDAR 3/18/2003                                                                  
03/18/03     0534       (S)        READ THE SECOND TIME                                                                         
03/18/03     0534       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
03/18/03     0534       (S)        READ THE THIRD TIME SB 83                                                                    
03/18/03     0535       (S)        PASSED Y18 N- E1 A1                                                                          
03/18/03     0539       (S)        TRANSMITTED TO (H)                                                                           
03/18/03     0539       (S)        VERSION: SB 83                                                                               
03/19/03     0576       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/19/03     0576       (H)        TRA, STA                                                                                     
03/19/03     0597       (H)        CROSS SPONSOR(S): LYNN                                                                       
03/31/03     0722       (H)        CROSS SPONSOR(S): OGG                                                                        
04/01/03                (H)        TRA AT 1:30 PM CAPITOL 17                                                                    
04/01/03                (H)        Scheduled But Not Heard                                                                      
04/03/03                (H)        TRA AT 1:30 PM CAPITOL 17                                                                    
04/03/03                (H)        Moved Out of Committee                                                                       
                                   MINUTE(TRA)                                                                                  
04/04/03     0767       (H)        TRA RPT 7DP                                                                                  
04/04/03     0767       (H)        DP: OGG, KOOKESH, KAPSNER,                                                                   
                                   KOHRING,                                                                                     
04/04/03     0767       (H)        FATE, HOLM, MASEK                                                                            
04/04/03     0768       (H)        FN1: ZERO(DOT)                                                                               
04/08/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 102                                                                                                                  
SHORT TITLE:CONCEALED DEADLY WEAPONS LEGAL                                                                                      
SPONSOR(S): REPRESENTATIVE(S)CROFT                                                                                              
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/14/03     0215       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/14/03     0215       (H)        STA, JUD                                                                                     
02/14/03     0215       (H)        REFERRED TO STATE AFFAIRS                                                                    
02/19/03     0257       (H)        COSPONSOR(S): GATTO                                                                          
03/13/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
03/13/03                (H)        Scheduled But Not Heard                                                                      
03/27/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
03/27/03                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
03/28/03     0688       (H)        COSPONSOR(S): ANDERSON                                                                       
04/07/03     0830       (H)        COSPONSOR(S): DAHLSTROM, KOTT                                                                
04/08/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 81                                                                                                                   
SHORT TITLE:MOTOR VEHICLE EMISSIONS INSPECTION                                                                                  
SPONSOR(S): REPRESENTATIVE(S)MEYER                                                                                              
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/07/03     0148       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/07/03     0148       (H)        TRA, STA                                                                                     
03/27/03                (H)        TRA AT 1:30 PM CAPITOL 17                                                                    
03/27/03                (H)        Moved Out of Committee                                                                       
                                   MINUTE(TRA)                                                                                  
03/31/03     0705       (H)        TRA RPT 1DP 3NR                                                                              
03/31/03     0705       (H)        DP: HOLM; NR: FATE, KOHRING,                                                                 
                                   MASEK                                                                                        
03/31/03     0705       (H)        FN1: ZERO(ADM)                                                                               
04/08/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 161                                                                                                                  
SHORT TITLE:CORRECTIONAL INDUSTRIES PROGRAM EXPENSES                                                                            
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR                                                                                      
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/05/03     0431       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/05/03     0431       (H)        STA, FIN                                                                                     
03/05/03     0432       (H)        FN1: (COR)                                                                                   
03/05/03     0432       (H)        GOVERNOR'S TRANSMITTAL LETTER                                                                
03/11/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
03/11/03                (H)        Scheduled But Not Heard                                                                      
04/01/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
04/01/03                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/03/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
04/03/03                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/08/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 93                                                                                                                   
SHORT TITLE:REPEAL BOATING SAFETY SUNSET                                                                                        
SPONSOR(S): REPRESENTATIVE(S)WEYHRAUCH                                                                                          
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/12/03     0186       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/12/03     0186       (H)        TRA, STA                                                                                     
02/18/03                (H)        TRA AT 1:30 PM CAPITOL 17                                                                    
02/18/03                (H)        <Bill Hearing Postponed to                                                                   
                                   2/25/03> -- Meeting Canceled                                                                 
02/25/03                (H)        TRA AT 1:30 PM CAPITOL 17                                                                    
02/25/03                (H)        Heard & Held                                                                                 
02/25/03                (H)        MINUTE(TRA)                                                                                  
03/27/03                (H)        TRA AT 1:30 PM CAPITOL 17                                                                    
03/27/03                (H)        Scheduled But Not Heard                                                                      
04/01/03                (H)        TRA AT 1:30 PM CAPITOL 17                                                                    
04/01/03                (H)        Moved CSHB 93(TRA) Out of                                                                    
                                   Committee                                                                                    
                                   MINUTE(TRA)                                                                                  
04/02/03     0730       (H)        TRA RPT CS(TRA) NT 1DP 2DNP                                                                  
                                   2NR                                                                                          
04/02/03     0730       (H)        DP: HOLM; DNP: KOHRING,                                                                      
                                   MASEK;                                                                                       
04/02/03     0730       (H)        NR: OGG, FATE                                                                                
04/02/03     0730       (H)        FN1: ZERO(DNR)                                                                               
04/02/03     0750       (H)        COSPONSOR(S): OGG                                                                            
04/03/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
04/03/03                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/08/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR GARY STEVENS                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of SB 83.                                                                             
                                                                                                                                
REPRESENTATIVE ERIC CROFT                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of HB 102.                                                                            
                                                                                                                                
LAUREE HUGONIN, Executive Director                                                                                              
Alaska Network on Domestic Violence & Sexual Assault (ANDVSA)                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 102.                                                                    
                                                                                                                                
BRIAN JUDY, Alaska State Liaison                                                                                                
Institute for Legislative Action                                                                                                
National Rifle Association (NRA)                                                                                                
Sacramento, California                                                                                                          
POSITION STATEMENT:  Testified during the hearing on HB 102.                                                                    
                                                                                                                                
REPRESENTATIVE KEVIN MEYER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of HB 81.                                                                             
                                                                                                                                
CHARLES R. HOSACK, Deputy Director                                                                                              
Director's Office                                                                                                               
Division of Motor Vehicles                                                                                                      
Department of Administration (DOA)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on behalf of the division in                                                                     
support of HB 81.                                                                                                               
                                                                                                                                
SUZANNE CUNNINGHAM, Staff                                                                                                       
to Representative Kevin Meyer                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions from the committee                                                                      
during the hearing on HB 81.                                                                                                    
                                                                                                                                
TOM CHAPPLE, Acting Director                                                                                                    
Division of Air & Water Quality                                                                                                 
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 81.                                                                             
                                                                                                                                
CYNTHIA L. HEIL, Section Manager                                                                                                
Mobile Sources Section                                                                                                          
Division of Air & Water Quality                                                                                                 
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions from the committee                                                                      
during the hearing on HB 81.                                                                                                    
                                                                                                                                
JAMES ARMSTRONG, Coordinator                                                                                                    
Anchorage Metropolitan Area Transportation Solutions (AMATS)                                                                    
Municipality of Anchorage                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Brought attention to an AMATS policy letter                                                                
of support for HB 81.                                                                                                           
                                                                                                                                
LINDA SYLVESTER, Staff                                                                                                          
to Representative Bruce Weyhrauch                                                                                               
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered a question about HB 102 and brought                                                                
up a point pertaining to HB 93.                                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-38, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee meeting to  order at 8:02 a.m.   Representatives Seaton                                                               
and   Weyhrauch   were   present    at   the   call   to   order.                                                               
Representatives Holm,  Dahlstrom, Lynn, Berkowitz,  and Gruenberg                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
SB  83-SVEN HAAKANSON AIRPORT AT OLD HARBOR                                                                                   
                                                                                                                                
CHAIR WEYHRAUCH  announced that the  first order of  business was                                                               
SENATE  BILL NO.  83,  "An  Act naming  the  Sven Haakanson,  Sr.                                                               
Airport at Old Harbor."                                                                                                         
                                                                                                                                
Number 0200                                                                                                                     
                                                                                                                                
SENATOR   GARY  STEVENS,   Alaska  State   Legislature,  sponsor,                                                               
explained that SB 83,  would name the small state  airport in Old                                                               
Harbor -  a city and  Native village  [on Kodiak Island]  - after                                                               
Sven Haakanson,  Sr.  He noted  that Mr. Haakanson was  the mayor                                                               
of that  community for 27  years.   Senator Gary Stevens  said he                                                               
met Mr. Haakanson in 1970 and counted  him as a friend.  He was a                                                               
real mover  and shaker in  the Native community; was  well known;                                                               
played a  major role in establishing  various Native corporations                                                               
and  associations,  including  cofounder of  Kodiak  Area  Native                                                               
Association  and of  Koniag,  Incorporated,  the regional  Native                                                               
Corporation;   and   served  on   the   boards   of  many   other                                                               
organizations.  Mr. Haakanson died  on November 23, 2002, and was                                                               
named Elder of the Year by Koniag, Incorporated.                                                                                
                                                                                                                                
SENATOR GARY  STEVENS told the  committee that the people  of Old                                                               
Harbor, "the  city," and  various corporations  and organizations                                                               
in  that community  support SB  83.   He stated  his belief  that                                                               
there has  been absolutely  no opposition  to naming  the airport                                                               
after Mr. Haakanson.   Furthermore, people will be  proud to have                                                               
his name on that small airport, he opined.                                                                                      
                                                                                                                                
Number 0355                                                                                                                     
                                                                                                                                
SENATOR GARY  STEVENS, in  response to  Chair Weyhrauch,  said he                                                               
believes it  would be  named "The  Sven Haakanson,  Sr. Airport."                                                               
Noting that the title of the  bill reads "The Sven Haakanson, Sr.                                                               
Airport at Old  Harbor", while line 5 reads  "Sven Haakanson, Sr.                                                               
Airport",  he at  first suggested  line 5  probably should  read,                                                               
"named the Sven Haakanson, Sr. Airport at Old Harbor".                                                                          
                                                                                                                                
REPRESENTATIVE SEATON asked if the  intent was to include "at Old                                                               
Harbor" on the sign.                                                                                                            
                                                                                                                                
SENATOR GARY  STEVENS responded that  he isn't too  interested in                                                               
that, which  would be a  long name,  and that he  hadn't realized                                                               
there was  a difference between  the title and  line 5.   He then                                                               
specified  that the  sign should  say, "The  Sven Haakanson,  Sr.                                                               
Airport."                                                                                                                       
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked if the airport is named already.                                                                 
                                                                                                                                
SENATOR GARY STEVENS said no.                                                                                                   
                                                                                                                                
Number 0529                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM moved  to report SB 83 out  of committee with                                                               
individual recommendations and the accompanying fiscal note.                                                                    
                                                                                                                                
Number 0570                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  objected for  purposes of discussion.   He                                                               
asked the sponsor  if he would entertain a  friendly amendment to                                                               
remove "at Old Harbor" from the title.                                                                                          
                                                                                                                                
SENATOR GARY STEVENS said yes.                                                                                                  
                                                                                                                                
REPRESENTATIVE HOLM withdrew his motion to move the bill.                                                                       
                                                                                                                                
CHAIR WEYHRAUCH asked the sponsor what he would like to do.                                                                     
                                                                                                                                
SENATOR GARY STEVENS  concurred with changing the title  so it is                                                               
clear  that the  sign  will say  "Sven  Haakanson, Sr.  Airport".                                                               
Thus he suggested deleting "at Old Harbor" from line 1.                                                                         
                                                                                                                                
Number 0654                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  moved to  report SB  83, with  the foregoing                                                               
amendment, out  of committee with individual  recommendations and                                                               
the accompanying fiscal note.                                                                                                   
                                                                                                                                
CHAIR WEYHRAUCH  asked if there  was any objection.   There being                                                               
no objection, he indicated HCS  SB 83(STA) would be reported from                                                               
the House State Affairs Standing Committee.                                                                                     
                                                                                                                                
[Following  the meeting,  however, at  the advice  of Legislative                                                               
Legal and  Research Services,  a decision was  made not  to adopt                                                               
the  amendment.   Therefore, SB  83 was  reported from  the House                                                               
State Affairs Standing Committee.]                                                                                              
                                                                                                                                
HB 102-CONCEALED DEADLY WEAPONS LEGAL                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE  BILL  NO.  102,  "An  Act  relating  to  concealed  deadly                                                               
weapons."                                                                                                                       
                                                                                                                                
Number 0759                                                                                                                     
                                                                                                                                
REPRESENTATIVE ERIC  CROFT, Alaska State Legislature,  sponsor of                                                               
HB  102, suggested  that  the committee  work  from the  proposed                                                               
committee  substitute  (CS),   Version  I,  labeled  23-LS0515\I,                                                               
Luckhaupt, 4/2/03.                                                                                                              
                                                                                                                                
REPRESENTATIVE  CROFT noted  that the  original bill  didn't deal                                                               
with the  age requirement,  whereas Version I  would set  the age                                                               
requirement at 21.  He explained,  "We really do mean to keep all                                                               
the  substantive  restrictions  on   gun  ownership,  except  the                                                               
requirement to  get the permit."   He said there are  18- and 19-                                                               
year-olds   currently   fighting   in   Iraq,   using   firearms.                                                               
Notwithstanding   that,   for   the   purposes   of   the   bill,                                                               
Representative  Croft said  he didn't  want to  make any  changes                                                               
except getting rid of the  requirement to get the concealed-carry                                                               
permit.                                                                                                                         
                                                                                                                                
Number 0915                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted  that "the old law" said  a person can                                                               
carry a  concealed weapon if  that person  is a permittee,  is on                                                               
his/her  own   land,  or  is   engaged  in  hunting   or  fishing                                                               
activities.   It also  said a  person who is  a permittee  and is                                                               
stopped by [a police] officer  is under an affirmative obligation                                                               
to tell the  officer if he/she is carrying a  weapon and to allow                                                               
that  officer  to  secure  that  weapon,  if  necessary.    As  a                                                               
technical  matter,  he  pointed  out that  if  a  police  officer                                                               
approaches  a person  who is  carrying concealed  on his/her  own                                                               
land  without a  permit, that  person is  under no  obligation to                                                               
tell the  officer.  Representative  Croft said [the  same applies                                                               
to someone who is] hunting or fishing.  He continued as follows:                                                                
                                                                                                                                
         We have made that a general requirement of the                                                                         
     criminal law.  So now you don't have to have a permit,                                                                     
     but you  have the general requirement,  when stopped by                                                                    
     an officer,  to say  - if  you're carrying  concealed -                                                                    
     that you  are:  "Hello officer.   By the way,  I have a                                                                    
     [45-caliber pistol] here under my coat."                                                                                   
                                                                                                                                
     So, in  that sense, when  we did not  originally intend                                                                    
     it,  it  is  tightening  of the  law  somewhat;  it  is                                                                    
     putting  an   affirmative  obligation   -  I   think  a                                                                    
     reasonable  one   -  on  everybody.     You  can  carry                                                                    
     concealed,  generally, but  you have  the more  general                                                                    
     requirement now to tell an officer when he comes.                                                                          
                                                                                                                                
REPRESENTATIVE CROFT  noted that this  language is on  the bottom                                                               
of  page 1  and the  top  of page  2  [in Version  I]; the  added                                                               
language pertaining  to the age  restriction is found on  page 2,                                                               
lines 20-22.                                                                                                                    
                                                                                                                                
Number 1092                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT indicated concern  previously expressed by a                                                               
member  regarding a  list  of  permittees.   He  referred to  the                                                               
bottom  of page  3 and  the  top of  page  4, where  he said  the                                                               
requirement to compile  a list of permittees was  removed and the                                                               
idea  that  permits  or  renewals  are  not  public  records  was                                                               
[retained].  He explained:                                                                                                      
                                                                                                                                
     If we  deleted the whole  section, and they  decided to                                                                    
     keep a list, we would  have technically allowed them to                                                                    
     distribute  it, which  was ...  never the  intent.   So                                                                    
     right  now,  they can  keep  a  list  or not,  as  they                                                                    
     choose.  But if they  do, it's not public records under                                                                    
     [AS] 40.25.110.                                                                                                            
                                                                                                                                
REPRESENTATIVE CROFT  said he appreciated members'  comments made                                                               
during the prior hearing on HB 102.                                                                                             
                                                                                                                                
Number 1158                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM referred  to  previous discussion  regarding                                                               
this requirement  of informing when  a person  has a weapon.   He                                                               
asked if it is currently in  law that if [a police officer] stops                                                               
a vehicle  and there is  a weapon  in the glove  compartment, for                                                               
example, that  weapon is considered  a concealed weapon  and [the                                                               
person who was stopped] must inform [the officer].                                                                              
                                                                                                                                
REPRESENTATIVE CROFT answered as follows:                                                                                       
                                                                                                                                
     Right now, you  would be in one of two  situations.  If                                                                    
     it's  sort of  within your  control and  it's concealed                                                                    
     under a coat on the seat  next to you [or] in the glove                                                                    
     compartment readily accessible to  you, then, yes, it's                                                                    
     a concealed  weapon.   And one of  two things:   either                                                                    
     you have  [a] permit -  in which case you're  under the                                                                    
     affirmative duty  to tell  them - or  you don't  have a                                                                    
     permit,  in which  case  you're  committing an  illegal                                                                    
     act.    The  general  duty  to  inform  was  placed  on                                                                    
     permittees.  You  didn't need to on  the other, because                                                                    
     it wasn't illegal  for you to carry  without the permit                                                                    
     anyway.                                                                                                                    
                                                                                                                                
Number 1256                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON referred  to  a question  asked [during  a                                                               
prior  hearing]  regarding knives.    Saying  he didn't  see  the                                                               
answer  addressed,   he  remarked,   "A  sheath  knife   was  not                                                               
permitted."                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT responded, "And now that we have allowed                                                                   
it, it is."  He said it was a good question and mentioned "a                                                                    
somewhat complicated and tortuous path."  He explained:                                                                         
                                                                                                                                
     Before,  you  had  to  have   the  hunting  or  fishing                                                                    
     exception.  So  on your boat you could  have the sheath                                                                    
     knife, even concealed, but you  could not, as a general                                                                    
     rule,  walk down  the street  with it  concealed.   Now                                                                    
     that we  have made  ... the  possession of  a concealed                                                                    
     deadly weapon  ... no longer criminal,  that has solved                                                                    
     that problem.                                                                                                              
                                                                                                                                
     It  also led  us into  the  idea of  pipe bombs  [that]                                                                    
     somebody  mentioned in  their  last committee  meeting.                                                                    
     Pipe    bombs    are   explosives,    and    separately                                                                    
     criminalized,  higher  than  this  level.    So,  while                                                                    
     "deadly  weapon" includes  "explosive", "explosive"  is                                                                    
     separately, specifically,  and more clearly  charged at                                                                    
     a higher  level.  Knives  and pipe bombs out,  in other                                                                    
     words, Representative [Seaton].                                                                                            
                                                                                                                                
Number 1356                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON referred to an exception on page 2,                                                                       
line 21, regarding ordinary pocket knives.                                                                                      
                                                                                                                                
REPRESENTATIVE CROFT  referred to AS 11.61.220(a),  which read in                                                               
part:                                                                                                                           
                                                                                                                                
          (a) A person commits the crime of misconduct                                                                          
     involving weapons in the fifth degree if the person                                                                        
         (1) knowingly possesses a deadly weapon, other                                                                         
      than an ordinary pocket knife or a defensive weapon,                                                                      
     that is concealed on the person;                                                                                           
                                                                                                                                
REPRESENTATIVE  CROFT  said the  definition  of  a deadly  weapon                                                               
excludes pocket  knives, but includes  big knives such  as sheath                                                               
knives.  He  said under the old law, carrying  it concealed was a                                                               
violation of the law, unless the  person had a permit.  He added,                                                               
"It's not even clear, ... because  it was a firearms permit, that                                                               
that would get you out of trouble."   With regard to the new law,                                                               
however, he  said a person  can carry a deadly  weapon concealed,                                                               
"as long as you don't fit  into some of these categories that are                                                               
in  bold" such  as  not telling  a police  officer,  or being  in                                                               
someone's  residence without  asking [permission  with regard  to                                                               
the weapon].                                                                                                                    
                                                                                                                                
Number 1454                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred  to  page  2,  line  21,  and                                                               
conveyed his understanding that  "defensive weapon" is defined in                                                               
AS 11.81.900(b)(19).  He asked for the definition.                                                                              
                                                                                                                                
[Chair Weyhrauch  handed Representative  Gruenberg a copy  of the                                                               
statute to read.]                                                                                                               
                                                                                                                                
REPRESENTATIVE CROFT  said, "Mace  is what I  remember from  it -                                                               
that it's specifically defined."                                                                                                
                                                                                                                                
REPRESENTATIVE BERKOWITZ  said the  phrase "contacted by  a peace                                                               
officer" is  contained in AS  18.65.750 and would be  repealed by                                                               
this bill.   He said he thinks that it's  fairly critical to have                                                               
a definition of "contacted".                                                                                                    
                                                                                                                                
REPRESENTATIVE  CROFT noted  that the  language is  "back in"  on                                                               
page  3, lines  18-21.   He  explained that  it was  one part  of                                                               
AS 18.65.750(c) that [he and his staff] thought was needed.                                                                     
                                                                                                                                
Number 1550                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  said the other  issue that gives  him a                                                               
great  deal of  concern is  Section 6,  which allows  the use  of                                                               
records for  law enforcement  purposes.   He said  the constraint                                                               
that he is concerned about has  a lot to do with what's happening                                                               
at the federal  level with regard to the so-called  Patriot Act I                                                               
and  Patriot Act  II,  through which  the  federal government  is                                                               
seeking access  to "inventories of  weapons and  associations and                                                               
such."  He asked if that  topic had come up during Representative                                                               
Croft's deliberations on HB 102.                                                                                                
                                                                                                                                
REPRESENTATIVE CROFT  answered no.   He said  it is a  concern of                                                               
his as well.  Noting that what is  being kept in Section 6 is the                                                               
current law, he explained:                                                                                                      
                                                                                                                                
     We're saying  here, the negative, that  is, they're not                                                                    
     public   records  and   may  only   be  used   for  law                                                                    
     enforcement  purposes.    That's in  the  current  law;                                                                    
     we're retaining  the restriction.  We  didn't feel this                                                                    
     bill [was] the  vehicle to go further  into the records                                                                    
     issue, but we're not loosening it up.                                                                                      
                                                                                                                                
Number 1636                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  suggested it  would be  appropriate [in                                                               
the  House Judiciary  Standing Committee,  the next  committee of                                                               
referral] to  put up  some safeguards.   He said  he is  leery of                                                               
letting  the  federal government  have  access  to "some  of  the                                                               
things they want to have access to in the Patriot Acts."                                                                        
                                                                                                                                
CHAIR WEYHRAUCH  asked Representative  Berkowitz if  his concerns                                                               
regarding Section 6 relate to constraints in the Patriot Act.                                                                   
                                                                                                                                
Number 1656                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  said he  has received  information from                                                               
the mayor  of Anchorage,  "where they have  a program  where they                                                               
want  to  ... have  inventories  of  weapons and  inventories  of                                                               
people  who   have  membership  in  certain   organizations,  ...                                                               
pursuant to Patriot [Act] I."   He related his understanding that                                                               
Patriot [Act] II is "far more onerous in that regard."                                                                          
                                                                                                                                
REPRESENTATIVE CROFT said he would watch out for that.                                                                          
                                                                                                                                
CHAIR  WEYHRAUCH asked  Representatives  Berkowitz  and Croft  if                                                               
that could be  addressed in the current committee,  for review by                                                               
[the House Judiciary Standing Committee].                                                                                       
                                                                                                                                
REPRESENTATIVE  CROFT  responded that  he  thinks  it is  a  very                                                               
legitimate  concern,  but  may  be   "a  larger  creature  for  a                                                               
different  bill."    He  explained,  "It's  not  just  'concealed                                                               
carries'; it's a lot of  different records pertaining to weapons,                                                               
and a lot of different things  that they may be concerned about."                                                               
Regarding [HB  102], he opined  that it is important  to maintain                                                               
the restrictions on  "who can see this."  [The  bill states that]                                                               
permits and renewals are not public  records and may only be used                                                               
for law enforcement purposes.                                                                                                   
                                                                                                                                
REPRESENTATIVE CROFT indicated  that it is a  legitimate point to                                                               
consider  further restrictions  regarding  law  enforcement.   He                                                               
said  he wants  the  committee  to understand  that  "we are  not                                                               
backtracking in this  bill at all."   Regarding strengthening the                                                               
current  requirements, he  said  it is  something  that could  be                                                               
looked  at, but  might be  "biting off  too big  a bite  for this                                                               
small bill."                                                                                                                    
                                                                                                                                
Number 1750                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ,  on that point, referred  to the title,                                                               
""An Act relating to concealed  deadly weapons."  He posited that                                                               
this certainly  fits within that  broad title.  He  added, "We're                                                               
expanding  the rights  of those  who are  carrying concealed;  we                                                               
ought  to, at  the same  time, protect  those rights.   And  so I                                                               
would, again, suggest we do it."                                                                                                
                                                                                                                                
REPRESENTATIVE  BERKOWITZ,  speaking  from his  experience  as  a                                                               
prosecutor, referred  to a  case where a  young man  was arrested                                                               
for carrying concealed because he had  a knife in a scabbard that                                                               
was covered  by a coat  when he was seated.   When the  young man                                                               
stood up, the  knife was revealed, but the  officer had contacted                                                               
him  when the  young man  was seated.   He  referred to  [page 1,                                                               
lines 8-11], which read as follows:                                                                                             
                                                                                                                                
         (A) that is concealed on the person, and, when                                                                 
     contacted by a peace officer, the person fails to                                                                      
                                                                                                                                
          (i) immediately inform the peace officer of                                                                       
     that possession; or                                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE BERKOWITZ said the  definition of "immediately" is                                                               
fairly critical.   He  suggested that  when police  make contact,                                                               
they should  affirmatively indicate, to those  they contact, "the                                                               
obligation."  He likened it to Miranda [warnings].                                                                              
                                                                                                                                
CHAIR WEYHRAUCH  said his concern would  be that there may  be an                                                               
exclusionary  prohibition  on  authorizing evidence  of  a  crime                                                               
because   a  police   officer   fails   to  immediately   request                                                               
information about  possession.  He  said the burden would  be put                                                               
on the police officer.                                                                                                          
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked,  "What's  the mens  rea, if  you                                                               
don't immediately inform?  What's the culpable mental state?"                                                                   
                                                                                                                                
CHAIR WEYHRAUCH said it is certainly a question of fact.                                                                        
                                                                                                                                
REPRESENTATIVE BERKOWITZ said:                                                                                                  
                                                                                                                                
     There's no intent  to not inform the  officer; it's not                                                                    
     reckless, because you don't know  about it.  You're not                                                                    
     negligent, because  you don't  know about  it.   So, it                                                                    
     almost  seems  that  you've evolved  into  a  situation                                                                    
     where  ... there's  no mental  state  required at  all.                                                                    
     And  that  runs  counter  to  most  components  of  the                                                                    
     criminal code.                                                                                                             
                                                                                                                                
CHAIR  WEYHRAUCH, in  response to  a  question by  Representative                                                               
Croft, said  the committee  tries to  get a  sense of  "where the                                                               
policy is going to be shaped outside the committee room."                                                                       
                                                                                                                                
Number 1959                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG,  regarding mens  rea or  mental intent,                                                               
referred  to the  word "knowingly"  on  [page 1],  line 6,  which                                                               
modifies  the word  "possesses".   He commented,  "They may  know                                                               
that they possess  it, and that's the knowledge that  seems to be                                                               
required  here."   He deduced  that Representative  Berkowitz was                                                               
speaking  in  regard to  [when  the  person] knowingly  fails  to                                                               
immediately inform the  peace officer.  He  stated his assumption                                                               
that the  person would have  to know that  the other person  is a                                                               
peace officer.   He said it  wouldn't apply if the  person were a                                                               
plain-clothes officer.   He referred  to Section 4,  beginning on                                                               
page 3, line 18, which read as follows:                                                                                         
                                                                                                                                
     *Sec.4.  AS  11.61.220  is  amended  by  adding  a  new                                                                  
     subsection to read:                                                                                                        
               (j)  In (a)(1) of this section, "contacted                                                                       
          by a peace officer" means stopped, detained,                                                                          
          questioned, or addressed in person by the                                                                             
          peace officer for an official purpose.                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG surmised  that it is the  intent [of the                                                               
sponsor] that the  person would have to know that  the person was                                                               
a peace officer.                                                                                                                
                                                                                                                                
REPRESENTATIVE CROFT said that is correct.                                                                                      
                                                                                                                                
REPRESENTATIVE   GRUENBERG   asked  Representatives   Croft   and                                                               
Berkowitz if it would make them  feel better if [the language was                                                               
changed] to read "a known peace officer", for example.                                                                          
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  expressed  concern about  imposing  an                                                               
affirmative duty on people to inform  the police of anything.  He                                                               
explained, "If  people are unaware  of that affirmative  duty, it                                                               
seems to me problematic to try  to prosecute them for a violation                                                               
of that section."                                                                                                               
                                                                                                                                
Number 2107                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  adding  something like  "and                                                               
asked if they had a weapon" to Section 4.                                                                                       
                                                                                                                                
REPRESENTATIVE  CROFT  said  he  isn't  comfortable  putting  the                                                               
affirmative  duty on  the  police  officer without  understanding                                                               
more about it.  He said he'd like  to get [the bill] to the House                                                               
Judiciary Standing Committee for just this sort of discussion.                                                                  
                                                                                                                                
Number 2141                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to  adopt the proposed CS, Version                                                               
23-LS0515\I, Luckhaupt, 4/2/03, as a  work draft.  There being no                                                               
objection, Version I was before the committee.                                                                                  
                                                                                                                                
Number 2163                                                                                                                     
                                                                                                                                
LAUREE HUGONIN,  Executive Director,  Alaska Network  on Domestic                                                               
Violence  &  Sexual Assault  (ANDVSA),  thanked  the sponsor  for                                                               
addressing  the  concern of  [ANDVSA]  regarding  people who  are                                                               
carrying concealed  and the need,  when entering a  residence, to                                                               
identify that they  are carrying a concealed  weapon.  Announcing                                                               
that today  is the six-month  anniversary of her  father's death,                                                               
she said  he'd taught her that  it is important to  pay attention                                                               
to the detail; people add to  or subtract from their character by                                                               
how they  pay attention to that  detail and what they  [do].  She                                                               
continued:                                                                                                                      
                                                                                                                                
     There  were some  things  that were  said  at the  last                                                                    
     committee,  or things  that were  written down,  that I                                                                    
     think are  not accurate and  need correcting.   I'm not                                                                    
     hysterical.    I  wasn't [hysterical]  in  any  of  the                                                                    
     committee   meetings   whenever   I   testified   about                                                                    
     concealed  weapons.   I never  screamed that  blood was                                                                    
     going to run in the street.   As you can probably tell,                                                                    
     I don't  make my  money by training  people how  to use                                                                    
     guns.  And I think that training is important.                                                                             
                                                                                                                                
     They had  a qualifier in  the NRA's testimony  the past                                                                    
     time   about  saying   that  while   they  were   using                                                                    
     statistics  that  said  crime  rates  went  down,  they                                                                    
     weren't   saying  that   that   was  the   correlation,                                                                    
     necessarily, between  the concealed  weapons permitting                                                                    
     process.                                                                                                                   
                                                                                                                                
MS. HUGONIN referred  to implications at a  previous hearing that                                                               
if a  state enacts concealed  carry laws, its [crime  rates] will                                                               
go down.  She said:                                                                                                             
                                                                                                                                
     Last year, we did not  testify on Senate Bill 242 until                                                                    
     they made  a statement  that sexual assault  went down.                                                                    
     And as you  have been becoming more  familiar with this                                                                    
     problem in  our state,  you know that  we rank  the top                                                                    
     per  capita in  the nation  in sexual  assault, and  we                                                                    
     have  for the  last  several years.   Having  concealed                                                                    
     permits in our state has not affected that statistic.                                                                      
                                                                                                                                
Number 2283                                                                                                                     
                                                                                                                                
MS.  HUGONIN emphasized  that this  isn't  necessarily about  the                                                               
right to bear  arms, but about whether they  should be concealed.                                                               
Just  as people  have the  right to  self-defense, she  said they                                                               
should  have the  right to  refuse  to be  in the  presence of  a                                                               
weapon that might pose a danger.  She told members:                                                                             
                                                                                                                                
     When  a person  carries concealed,  that takes  away my                                                                    
     right to make  a choice about whether or not  I want to                                                                    
     be  in the  presence  of  that weapon.    So, as  we're                                                                    
     thinking through the issue, I  would hope that we would                                                                    
     think  of  other elements  besides  the  right to  bear                                                                    
     arms.  I think it's different  from that.  I think it's                                                                    
     a balancing act  about our rights and how  we decide to                                                                    
     protect ourselves and to be safe.                                                                                          
                                                                                                                                
MS. HUGONIN,  in response  to Representative  Berkowitz's concern                                                               
regarding  [people]  being   informed  of  their  responsibility,                                                               
stated the following:                                                                                                           
                                                                                                                                
     Originally,   when  we   had   enacted  the   concealed                                                                    
     permitting process,  when you  went to get  your permit                                                                    
     you were given a packet  of information so that you had                                                                    
     the  opportunity  to know  what  the  statutes and  the                                                                    
     regulations were.   So you did have  the opportunity to                                                                    
     say, "Oh,  if I see a  peace officer, this is  what I'm                                                                    
     supposed  to do,"  or, "These  are the  places I'm  not                                                                    
     allowed to carry" - so  that you had the opportunity to                                                                    
     try  and  keep yourself  out  of  that trouble,  to  be                                                                    
     informed about  where you could and  couldn't carry the                                                                    
     weapon.                                                                                                                    
                                                                                                                                
     So I  would hope that  we're open to have  dialogue and                                                                    
     discussion on  both sides.  That  language doesn't have                                                                    
     to be inflammatory. ... Scare  tactics don't have to be                                                                    
     used when you're trying to talk about this issue.                                                                          
                                                                                                                                
Number 2418                                                                                                                     
                                                                                                                                
BRIAN  JUDY,  Alaska  State Liaison,  Institute  for  Legislative                                                               
Action, National  Rifle Association (NRA), mentioned  graphs he'd                                                               
showed  the  committee  [at a  previous  hearing,  showing  crime                                                               
rates].   Noting  that 1995  was  the year  the Alaska  concealed                                                               
weapon  permit law  took  effect,  he said  crime  did "fall  off                                                               
precipitously, immediately following."  He continued:                                                                           
                                                                                                                                
     I did  point out that  I can't guarantee that  that was                                                                    
     as  a  direct  result  of  the  implementation  of  the                                                                    
     concealed weapon  permit law,  but I  did want  to make                                                                    
     the  point that  the implementation  of that  law right                                                                    
     after  the  (indisc.).    And  there  was  tremendously                                                                    
     inflammatory  language, maybe  not  necessarily by  the                                                                    
     previous speaker,  [but] back in the  mid-nineties, ...                                                                    
     by  many others.   And  it  was specifically  mentioned                                                                    
     that there ... were going  to be shootouts in Anchorage                                                                    
     intersections.   It  was quite  amazing.   And none  of                                                                    
     that took  place.   There have  been studies  that have                                                                    
     shown that  when ... law-abiding  citizens are  able to                                                                    
     provide  a means  of  self-protection  that crime  does                                                                    
     drop.                                                                                                                      
                                                                                                                                
     So, for whatever the reason  -- I'm sure some component                                                                    
     of  it  is  the  fact   that  criminals  are  now  more                                                                    
     concerned, but  there are a  lot of other  things, too,                                                                    
     that  may impact  the  rate of  crime  in a  particular                                                                    
     state.   So,  again, I  believe  that this  law is  the                                                                    
     ultimate streamlining; it takes  away the need for law-                                                                    
     abiding citizens  to get permission to  provide a means                                                                    
     of self-protection.  I believe  that it will not have a                                                                    
     negative impact on crime.                                                                                                  
                                                                                                                                
     To  make one  last point  on the  training:   there are                                                                    
     many, many states that  issue concealed weapon permits,                                                                    
     and  the  breadth  of  laws   ...  from  absolutely  no                                                                    
     training to  fairly significant training is  out there.                                                                    
     And  the  empirical  evidence in  every  one  of  those                                                                    
     states  is  the  same:   ...  there  are  not  problems                                                                    
     generally  caused by  concealed weapon  permit holders,                                                                    
     training-related or otherwise.                                                                                             
                                                                                                                                
MR. JUDY stated the NRA's support of HB 102 as amended.                                                                         
                                                                                                                                
Number 2569                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH closed public testimony.   He told Representative                                                               
Croft he thinks  the title should be tightened, and  asked him to                                                               
work  with  the  committee  regarding  the  questions  raised  on                                                               
Sections 4 and 6.                                                                                                               
                                                                                                                                
REPRESENTATIVE BERKOWITZ  asked Representative Croft  to consider                                                               
the following:                                                                                                                  
                                                                                                                                
     In Section  5, which,  I think, was  the basis  of this                                                                    
     legislation,  if  we could  have  a  section that  does                                                                    
     impose on  people from other jurisdictions  -- ... this                                                                    
     is a presumption that they're  aware of Alaska statutes                                                                    
     and  restrictions.  ... That  might  be,  ... just  for                                                                    
     evidentiary purposes, ... very helpful.                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said any  further questions  he himself                                                               
might  have, he  could work  on in  the House  Judiciary Standing                                                               
Committee.  [HB 102 was held over.]                                                                                             
                                                                                                                                
HB  81-MOTOR VEHICLE EMISSIONS INSPECTION                                                                                     
                                                                                                                                
Number 2677                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE BILL NO.  81, "An Act relating to  motor vehicle emissions;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
Number 2690                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER,  Alaska State  Legislature, sponsor,                                                               
explained  that  HB  81  would improve  enforcement  of  the  I/M                                                               
[Inspection &  Maintenance] program, provide  consistency between                                                               
the  various  departments  that  oversee  the  I/M  program,  and                                                               
provide   some  relief   to   the   current  extraneous   testing                                                               
requirements.    He said  it  is  a  technical bill  regarding  a                                                               
program that exists only in Anchorage and Fairbanks.                                                                            
                                                                                                                                
REPRESENTATIVE MEYER  noted that  one proposal  is to  change the                                                               
fine  from $200  to $500.   He  said the  average repair  cost to                                                               
bring  a car  into compliance  is approximately  $250 to  $2,000;                                                               
hence there  is currently an  economic incentive not to  take the                                                               
I/M exam because  the fine is less than the  cost of the repairs.                                                               
If federal  standards for clean  air aren't met in  Anchorage and                                                               
Fairbanks,  however,  it  jeopardizes  federal  funds  that  both                                                               
cities receive.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  MEYER noted  that  in the  past some  alternative                                                               
fuels  were exempt.    Although natural  gas  is a  clean-burning                                                               
fuel, he said it has been found  that if a car is not maintained,                                                               
even clean-burning  fuels can also  pollute the air.   Therefore,                                                               
those cars will also now be required to get I/M-tested.                                                                         
                                                                                                                                
REPRESENTATIVE MEYER said the  legislation also addresses several                                                               
loopholes  in  the  current  program.    For  example,  before  a                                                               
vehicle's  registration  can  be  renewed,  a  car  must  have  a                                                               
current,  valid inspection.   He  explained,  "The problem  arose                                                               
when an inspection  would expire, but the  registration was still                                                               
current."   He  noted that  [HB 81]  would provide  that a  motor                                                               
vehicle registration  cannot extend beyond the  expiration of any                                                               
emissions certificate.                                                                                                          
                                                                                                                                
REPRESENTATIVE MEYER told the committee  that the bill would also                                                               
clarify  what emission  programs must  be met  when ownership  is                                                               
transferred.   He stated, "It  used to be  [that] a car  that was                                                               
1987 or  older would  have to be  I/M-inspected every  12 months.                                                               
Now, they're changing that to all  cars ... every two years."  He                                                               
said  [the  legislation]  also  contains  a  consumer  protection                                                               
clause  because someone  who  buys a  car with  no  decal in  the                                                               
window will know that car hasn't been inspected.                                                                                
                                                                                                                                
REPRESENTATIVE  MEYER  noted  that currently  the  Department  of                                                               
Administration   (DOA)   solely   handles   enforcement.      The                                                               
legislation  would  extend  enforcement   to  the  Department  of                                                               
Environmental   Conservation   (DEC)    and   to   "the   various                                                               
municipalities such as Anchorage and Fairbanks."                                                                                
                                                                                                                                
Number 2881                                                                                                                     
                                                                                                                                
CHARLES R.  HOSACK, Deputy Director, Director's  Office, Division                                                               
of  Motor Vehicles,  Department of  Administration, testified  on                                                               
behalf  of the  division  in support  of HB  81.   He  reiterated                                                               
Representative  Meyer's previous  statement that  the bill  would                                                               
provide  consistency  and  would  remove some  of  the  confusing                                                               
aspects of  the program "for  both ourselves and  our customers."                                                               
He opined that it would  take out unnecessary inspections without                                                               
impacting the air quality program.                                                                                              
                                                                                                                                
Number 2916                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON,  referring to the zero  fiscal note, asked                                                               
if there would be no cost in enforcing the program.                                                                             
                                                                                                                                
REPRESENTATIVE MEYER  said he'd thought there  should actually be                                                               
a positive fiscal  note; there should be more money  coming in to                                                               
the  state because  of the  increased fines.   He  added that  he                                                               
didn't think the difference would be that great.                                                                                
                                                                                                                                
Number 2950                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  said it seems  a person who  operates a                                                               
motor vehicle in violation of  the emissions requirement and thus                                                               
violates  Section 5  would necessarily  also  violate Section  8,                                                               
although  the same  isn't true  in  reverse.   He also  mentioned                                                               
potential constitutional problems.                                                                                              
                                                                                                                                
TAPE 03-38, SIDE B                                                                                                            
Number 2989                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked the  sponsor to confirm  that his                                                               
intent is not for somebody  to be "double punished" for violating                                                               
both of these [sections].                                                                                                       
                                                                                                                                
REPRESENTATIVE MEYER replied, "That's correct."                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he'd  like  that  clear  on  the                                                               
record.   Second,  he  said there  are many  poor  people in  his                                                               
district  and many  older cars,  some of  which probably  violate                                                               
[the proposed legislation].   He said he knows the  fine is being                                                               
raised for  a purpose; however,  it is a lot  of money to  a poor                                                               
person who  has an  older car.   He said he'd  like the  court to                                                               
have  some discretion  in the  matter.   He  suggested that  both                                                               
Sections  5  and 8  include  the  words  "not to  exceed"  before                                                               
"$500".                                                                                                                         
                                                                                                                                
REPRESENTATIVE MEYER deferred comment to his staff.                                                                             
                                                                                                                                
Number 2920                                                                                                                     
                                                                                                                                
SUZANNE CUNNINGHAM,  Staff to Representative Kevin  Meyer, Alaska                                                               
State  Legislature,   told  Representative  Gruenberg   that  she                                                               
understands his  concern.  She  noted that a question  was raised                                                               
during   a  House   Transportation  Standing   Committee  hearing                                                               
regarding the  collection of  fines.   She said  she was  able to                                                               
speak  with  someone  "through   the  Municipality  of  Anchorage                                                               
vehicle Inspection & Maintenance  program," regarding how issuing                                                               
citations,  violations, and  the  collection of  fines are  dealt                                                               
with on  the municipal  level.   She said she  was told  that the                                                               
court  actually does  have some  jurisdiction in  determining the                                                               
fine for  each citation.   She  mentioned information  that she'd                                                               
distributed "to  the individual offices" which  indicated that in                                                               
some cases, when  the court sees that a person  has brought a car                                                               
into compliance  with the program,  it can either waive  the fees                                                               
or significantly reduce them.                                                                                                   
                                                                                                                                
REPRESENTATIVE   GRUENBERG  said,   "Then  you   would  have   no                                                               
objection, I assume,  to putting that language in so  that even a                                                               
judge would understand what you said."                                                                                          
                                                                                                                                
REPRESENTATIVE MEYER responded, "No objection."                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  would offer that  amendment at                                                               
the  appropriate  time.    In  response to  a  request  by  Chair                                                               
Weyhrauch,  he reiterated  that  [the amendment  would address  a                                                               
concern regarding] both Sections 8 and 5.                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that   there  is  no  mens  rea                                                               
required.    He  clarified,  "You  don't  have  ...  to  do  this                                                               
knowingly or anything.   If you do it, regardless  of your mental                                                               
state, you're guilty.  Is that correct?"                                                                                        
                                                                                                                                
[Representative Meyer nodded in agreement.]                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH said that's how it reads in Section 8.                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG added,  "And also  in Section  5.   You                                                               
don't  have to  know  if you  are in  violation  of the  emission                                                               
requirement.    If you're  behind  the  wheel  and the  thing  is                                                               
violating it, you're guilty."  He  said he doesn't think there is                                                               
a constitutional  problem with that,  but wants it on  the record                                                               
that "it's strict liability in the  criminal sense."  He asked if                                                               
that is correct.                                                                                                                
                                                                                                                                
REPRESENTATIVE MEYER  said yes.   He added that he  thinks that's                                                               
why there is some flexibility in the fine.                                                                                      
                                                                                                                                
Number 2775                                                                                                                     
                                                                                                                                
TOM CHAPPLE,  Acting Director, Division  of Air &  Water Quality,                                                               
Department  of  Environmental  Conservation (DEC),  testified  in                                                               
support  of HB  81.   He mentioned  staff-level efforts  over the                                                               
years in the  Municipality of Anchorage and in  Fairbanks to look                                                               
at how to  improve the program "both from the  consumer end [and]                                                               
the  vehicle-motor end,"  as  well  as how  to  make the  program                                                               
effective and efficient.  Mr. Chapple concluded as follows:                                                                     
                                                                                                                                
     The vehicle Inspection & Maintenance  is one of our key                                                                    
     programs to try [to]  achieve air quality in Anchorage,                                                                    
     and it's been successful.   In Anchorage, specifically,                                                                    
     we  have not  violated the  public health  standard for                                                                    
     six winters in a row, and  that is in large part due to                                                                    
     this program.   It is  time to make  some improvements,                                                                    
     and  I think  the  things  in this  bill  can help  the                                                                    
     owners of vehicles,  as well as the staff  at the local                                                                    
     level.                                                                                                                     
                                                                                                                                
Number 2688                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  asked  if  Mr.  Chapple  shared  his  own                                                               
understanding   that  enforcement   would  involve   meter  maids                                                               
checking for the I/M decals.                                                                                                    
                                                                                                                                
MR. CHAPPLE answered  that he doesn't believe it  would work that                                                               
way.  He deferred further response to his available staff.                                                                      
                                                                                                                                
REPRESENTATIVE MEYER  said he  also thinks  meter maids  would do                                                               
the enforcement.   He explained that currently DOA  is [in charge                                                               
of enforcement];  however, [the  legislation would  also include]                                                               
the involvement of DEC and the various municipalities.                                                                          
                                                                                                                                
NUMBER 2620                                                                                                                     
                                                                                                                                
MS. CUNNINGHAM commented as follows:                                                                                            
                                                                                                                                
     I believe  ... that,  currently, the Division  of Motor                                                                    
     Vehicles  has the  authority  to enforce  registration,                                                                    
     and, of course, you  can't register your vehicle unless                                                                    
     you have a current I/M.   DEC can enforce the emissions                                                                    
     program, but there  seems to be a pretty  vague area in                                                                    
     between, as  far as the registration  and the emissions                                                                    
     programs.                                                                                                                  
                                                                                                                                
MS.  CUNNINGHAM said  Cindy Heil  could  address the  enforcement                                                               
issue.                                                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON restated his concern as follows:                                                                          
                                                                                                                                
     We've changed  this from having to  have a certificate,                                                                    
     which is something that doesn't  show up on the outside                                                                    
     of the  car, to it's now  a $500 violation if  you fail                                                                    
     to display  an emission decal  in your window.   And we                                                                    
     are  now  giving  the authority  to  the  municipality,                                                                    
     which  I would  presume --  just like  the ...  tickets                                                                    
     that were  given for registration, when  that was given                                                                    
     to  the municipality.  ... I  would  presume that  that                                                                    
     would be the structure,  and I'm just wondering whether                                                                    
     ...  somebody's going  to  address  whether that's  the                                                                    
     probable mechanism for enforcement of this.                                                                                
                                                                                                                                
Number 2553                                                                                                                     
                                                                                                                                
CYNTHIA  L.  HEIL,  Section   Manager,  Mobile  Sources  Section,                                                               
Division  of Air  & Water  Quality,  Department of  Environmental                                                               
Conservation (DEC), noted  that Sections 5, 7, and 8  in the bill                                                               
deal with enforcement.   She specified two  types of enforcement:                                                               
that  which  deals  with  the  display  of  [the  decal]  on  the                                                               
windshield,  and  that  which  deals   with  falsification.    In                                                               
Anchorage, she said,  a number of people  register their vehicles                                                               
in the Matanuska-Susitna area to  avoid the I/M requirement.  Ms.                                                               
Heil said, "You can't go by  just what's on the windshield."  She                                                               
continued as follows:                                                                                                           
                                                                                                                                
     That kind of enforcement you  have to verify, and prove                                                                    
     that  those  vehicles  are falsely  registered.    What                                                                    
     happens is,  you find  a vehicle  that doesn't  have an                                                                    
     I/M, you  start through your normal  ... processes, and                                                                    
     then you also find if they're falsely registered.                                                                          
                                                                                                                                
     Well, currently,  in our notices  of violation,  we are                                                                    
     not   allowed,   because   we  don't   have   statutory                                                                    
     authority, to  tell, as a  remedy, for those  people to                                                                    
     not  only get  an I/M,  but then  to properly  register                                                                    
     their vehicle.   That has to go  through the Department                                                                    
     of   Administration,  with   the   Division  of   Motor                                                                    
     Vehicles.   It  would  be much  more  efficient if  the                                                                    
     department and municipalities  who do enforcement could                                                                    
     "notice"  people that  not only  do their  cars do  not                                                                    
     have  an I/M,  but  they also  need  to register  their                                                                    
     vehicles  properly.   That is  one type  of enforcement                                                                    
     that we deal with.                                                                                                         
                                                                                                                                
     That  other  is  the  decals.     But  with  Anchorage,                                                                    
     especially,  you  can't  just  write  tickets  for  not                                                                    
     having  a sticker  on your  windshield, because  people                                                                    
     come in  here to shop.   People come in here  to visit.                                                                    
     And  we   must  be  very   careful  about  how   we  do                                                                    
     enforcement, because  those people  are legal to  be in                                                                    
     Anchorage without an I/M.                                                                                                  
                                                                                                                                
     And  so, the  other  point about  why  these fines  are                                                                    
     coming up  is that  we are  overwhelmed right  now with                                                                    
     enforcement.   I mean, we're  not trying to go  out and                                                                    
     pad our  budgets.  Anybody  who has the  opportunity to                                                                    
     comply,  as well,  with the  municipality --  and these                                                                    
     are  just trying  to help  take away  the numbers  that                                                                    
     we're having to deal with at this point in time.                                                                           
                                                                                                                                
Number 2412                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON referred  to page  4, [beginning  on] line                                                               
30, which read as follows:                                                                                                      
                                                                                                                                
          (f)  A person who fails to display an emissions                                                                   
     inspection decal as required by law                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said, "That's the  $500."  He  added, "But                                                               
it's not  the 'fails to display',  but the 'as required  by law',                                                       
is  where this  dual  requirement  comes into  effect.   Is  that                                                               
correct?  Because you're not  required to display ... the sticker                                                               
unless you're an Anchorage resident?"                                                                                           
                                                                                                                                
MS.  HEIL said  that's correct.   Regulations  are very  specific                                                               
regarding who  is and isn't required  to have a decal.   She said                                                               
Section 8  was modified specifically  to give the  department the                                                               
ability to  either deal with  violations regarding the  sticker -                                                               
for example, "people are taking them  back off" - or to use other                                                               
enforcement  mechanisms for  people  who are  egregious in  their                                                               
violations.                                                                                                                     
                                                                                                                                
Number 2341                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG recalled  from  his  previous time  [in                                                               
legislature] what a  problem it is has been  when people register                                                               
their cars in the Matanuska-Susitna area to fraudulently evade                                                                  
this law.  He asked Ms. Heil whether it is still a problem.                                                                     
                                                                                                                                
MS. HEIL responded, "That's very much the case."                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if there is a law which prohibits                                                                
somebody from doing that.                                                                                                       
                                                                                                                                
MS. HEIL answered as follows:                                                                                                   
                                                                                                                                
     The statutes  and regulations, under the  motor vehicle                                                                    
     rules,  under  the  Department of  Administration,  the                                                                    
     Division of  Motor Vehicles, [state] very  clearly that                                                                    
     ... you're  supposed to register  your vehicle  and how                                                                    
     you ... do it properly.   But they don't have their own                                                                    
     enforcement arm.   They have to rely on  ... the police                                                                    
     or   the   troopers,   or  through   ...   the   proper                                                                    
     administrative  procedures.    We would  overwhelm  the                                                                    
     Division of  Motor Vehicles if  we were to try  to have                                                                    
     them  process all  the  revocations  ... through  their                                                                    
     regulations and statutes.                                                                                                  
                                                                                                                                
     What  we're attempting  in Section  7 is  to allow  the                                                                    
     department  ...  and  the municipalities  to  at  least                                                                    
     notice,  in our  notices  of the  violations, that  the                                                                    
     remedy  the   people  need  to  make   is  to  properly                                                                    
     register.  At  this point in time, we  are not allowed,                                                                    
     during the  enforcement of  false registration,  to ask                                                                    
     them,  as  a remedy,  to  get  their vehicles  properly                                                                    
     registered.   And so now  what we're seeing  is, people                                                                    
     getting  their  I/Ms  and then,  in  two  years,  we're                                                                    
     having to  go back  out and do  enforcement on  them to                                                                    
     get  their  I/Ms  again, because  they're  not  getting                                                                    
     their   vehicles   properly   registered   where   they                                                                    
     [should].                                                                                                                  
                                                                                                                                
Number 2240                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG asked  if there is a  statute that makes                                                               
it a  crime or provides  a penalty  for people who  knowingly and                                                               
intentionally register  their cars  elsewhere to evade  the local                                                               
emission requirement law.                                                                                                       
                                                                                                                                
MS. HEIL answered yes.  She suggested that Mr. Hosack could                                                                     
provide more specific information.                                                                                              
                                                                                                                                
Number 2155                                                                                                                     
                                                                                                                                
JAMES   ARMSTRONG,  Coordinator,   Anchorage  Metropolitan   Area                                                               
Transportation   Solutions  (AMATS)   Program,  Municipality   of                                                               
Anchorage, referred to a letter  from AMATS dated March 20, 2003,                                                               
included  in the  committee packet,  which  he said  is a  policy                                                               
letter  of endorsement  for HB 81.   He  commended Representative                                                               
Meyer, his staff,  and DEC for converting a  very technical piece                                                               
of legislation into a  "user-friendly, readable sponsor statement                                                               
and understandable bill."                                                                                                       
                                                                                                                                
Number 2172                                                                                                                     
                                                                                                                                
MR.   HOSACK,  regarding   Representative  Gruenberg's   previous                                                               
question, said the  section of law is in Title  28.  Referring to                                                               
AS 28.10.491, he mentioned paragraph (9), which read as follows:                                                                
                                                                                                                                
          (9) makes a false statement or otherwise conceals                                                                     
     or  withholds a  material  fact in  an application  for                                                                    
     registration  or   certificate  of  title   or  falsely                                                                    
     affirms with respect  to a matter required  to be sworn                                                                    
     to,  affirmed,  or  furnished  under  this  chapter  or                                                                    
     regulations adopted  under this chapter; except  that a                                                                    
     person who  with criminal negligence  as defined  in AS                                                                    
     11.81.900,  falsely  certifies  to the  department  the                                                                    
     existence  of  a   motor  vehicle  liability  insurance                                                                    
     policy under  AS 28.10.021(a)(2), is guilty  of a class                                                                    
     A misdemeanor.                                                                                                             
                                                                                                                                
MR. HOSACK  said that  violation could  be "up  to a  felony" and                                                               
would apply  in this case.   He  clarified, "If you're  making an                                                               
application for  registration and  ... your primary  residence is                                                               
in Anchorage, say, and you list  the Mat-Su Valley, it would come                                                               
under this."                                                                                                                    
                                                                                                                                
Number 2113                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  [Amendment  1], a  handwritten                                                               
amendment  that read  as follows  [original punctuation  provided                                                               
but some formatting changed]:                                                                                                   
                                                                                                                                
     p 4, line 6, after "fined" add                                                                                             
               "an amount not to exceed"                                                                                        
                                                                                                                                
     p 5, line 2, after "fined" add                                                                                             
               "an amount not to exceed"                                                                                        
                                                                                                                                
REPRESENTATIVE MEYER said [Amendment 1] would be fine.                                                                          
                                                                                                                                
Number 2064                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH asked  if there  was any  objection to  adopting                                                               
Amendment 1.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
Number 2034                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH offered [Amendment 2] to the title as follows:                                                                  
                                                                                                                                
     Page 1, line 1, after "emissions"                                                                                          
     Insert ", emission inspection decals, and fines"                                                                           
                                                                                                                                
CHAIR  WEYHRAUCH asked  if there  was any  objection to  adopting                                                               
Amendment 2.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
Number 2005                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  referred to  a  letter  from the  Fairbanks                                                               
North Star Borough  I/M manager regarding page 3,  line 11, which                                                               
read:                                                                                                                           
                                                                                                                                
           (ii) has a certificate of inspection, but                                                                        
        the certificate shows that the vehicle is not in                                                                    
     compliance with program requirements                                                                                   
                                                                                                                              
REPRESENTATIVE  HOLM noted  that  the author  of  the letter  had                                                               
indicated  that wasn't  necessary  because "we  could transfer  a                                                               
noncomplying vehicle anyway."                                                                                                   
                                                                                                                                
REPRESENTATIVE MEYER said he hadn't  read the letter and deferred                                                               
to his staff.                                                                                                                   
                                                                                                                                
MS.  CUNNINGHAM said  she'd spoken  with Ms.  Heil regarding  the                                                               
previously stated language.  She deferred to Ms. Heil.                                                                          
                                                                                                                                
MS. HEIL said it's a clarification, but not necessarily needed.                                                                 
                                                                                                                                
Number 1926                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  said if [the  language] makes the  bill more                                                               
understandable, then it's fine to keep it in.                                                                                   
                                                                                                                                
REPRESENTATIVE MEYER  responded that  the language could  be left                                                               
in   for  purposes   of  clarification,   unless  the   committee                                                               
considered that a problem.                                                                                                      
                                                                                                                                
Number 1888                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved  to report HB 81,  as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying   fiscal   note.     There   being   no   objection,                                                               
CSHB 81(STA) was  reported from the House  State Affairs Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
HB 161-CORRECTIONAL INDUSTRIES PROGRAM EXPENSES                                                                               
                                                                                                                                
Number 1875                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE  BILL   NO.  161,   "An  Act   allowing  expenses   of  the                                                               
correctional  industries program  that may  be financed  from the                                                               
correctional  industries   fund  to  include  the   salaries  and                                                               
benefits of state employees."                                                                                                   
                                                                                                                                
Number 1850                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON moved to adopt  as work drafts the proposed                                                               
committee  substitute  (CS),   Version  D,  labeled  23-GH1104\D,                                                               
Luckhaupt, 4/2/03,  and the accompanying  letter of intent.   The                                                               
letter of intent read [original punctuation provided]:                                                                          
                                                                                                                                
     The   Legislature  supports   using  the   Correctional                                                                    
     Industries  Fund to  pay for  salaries and  benefits of                                                                    
     employees of the Correctional  Industries Program.  The                                                                    
     legislature  supports  the  program and  has  supported                                                                    
     past funding  by using  general fund  dollars.   In the                                                                    
     event that  the fund  is unable to  pay for  the salary                                                                    
     and benefit costs associated with  the employees of the                                                                    
     program, then  the legislature will make  every attempt                                                                    
     to  find  alternative  funding  or  return  to  funding                                                                    
     through general funds.                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that without objection,  Version D and                                                               
the letter of intent were before the committee.                                                                                 
                                                                                                                                
CHAIR  WEYHRAUCH  suggested  amending  the letter  of  intent  to                                                               
capitalize "program" and "fund" [throughout].                                                                                   
                                                                                                                                
REPRESENTATIVE  HOLM asked  if  ["program" in  the  title of  the                                                               
bill] also should be capitalized.                                                                                               
                                                                                                                                
CHAIR WEYHRAUCH  answered, "In the title,  it's different because                                                               
it's referred to consistently as the  'program' - small caps - in                                                               
the bill."                                                                                                                      
                                                                                                                                
[The foregoing amendment  to the letter of intent  was treated as                                                               
adopted.]                                                                                                                       
                                                                                                                                
REPRESENTATIVE  HOLM  moved  to  report  CSHB  161  [Version  23-                                                               
GH1104\D, Luckhaupt,  4/2/03], along  with the amended  letter of                                                               
intent, out of committee with  individual recommendations and the                                                               
accompanying   fiscal   note.     There   being   no   objection,                                                               
CSHB 161(STA) was reported from  the House State Affairs Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
HB  93-REPEAL BOATING SAFETY SUNSET                                                                                           
                                                                                                                                
Number 1776                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE BILL NO. 93, "An  Act relating to boating safety; repealing                                                               
secs. 3,  5, 7, 9, 11,  14, 16, 18, 20,  23, 26, 27, and  30, ch.                                                               
28, SLA 2000; and providing for  an effective date."  [Before the                                                               
committee was CSHB 93(TRA).]                                                                                                    
                                                                                                                                
CHAIR  WEYHRAUCH, sponsor,  reminded  members that  the bill  had                                                               
been held pending receipt of a fiscal note.                                                                                     
                                                                                                                                
Number 1690                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to  report [CSHB 93(TRA)]  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSHB  93(TRA)  was                                                               
reported from the House State Affairs Standing Committee.                                                                       
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
Number 1583                                                                                                                     
                                                                                                                                
LINDA SYLVESTER, Staff to  Representative Bruce Weyhrauch, Alaska                                                               
State  Legislature, noted  that  it is  the committee  substitute                                                               
(CS) from  the House Transportation Standing  Committee, although                                                               
she  recalled that  Representative Gruenberg  had brought  up the                                                               
notion of leaving in one of the sunset provisions.                                                                              
                                                                                                                                
[Representative Gruenberg  moved to rescind his  motion to report                                                               
CSHB 93(TRA)  out of committee,  but then decided not  to rescind                                                               
it.  Therefore, CSHB 93(TRA) was reported from the House State                                                                  
Affairs Standing Committee.]                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:17 a.m. to 9:47 a.m.                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1495                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at                                                                       
9:48 a.m.                                                                                                                       

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