Legislature(2011 - 2012)CAPITOL 106

03/13/2012 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 212 PROVISIONAL DRIVER'S LICENSE STICKER TELECONFERENCED
Moved CSHB 212(STA) Out of Committee
*+ HB 239 PROF. SERVICES IN STATE-FUNDED CONTRACTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 13, 2012                                                                                         
                           8:07 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Wes Keller, Vice Chair                                                                                           
Representative Paul Seaton                                                                                                      
Representative Max Gruenberg                                                                                                    
Representative Pete Petersen                                                                                                    
Representative Kyle Johansen                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Peggy Wilson                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 212                                                                                                              
"An Act relating to requirements for persons holding provisional                                                                
drivers' licenses."                                                                                                             
                                                                                                                                
     - MOVED CSHB 212(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 239                                                                                                              
"An Act relating to the procurement of architectural,                                                                           
engineering, or land surveying contracts funded by money from                                                                   
the state."                                                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 212                                                                                                                  
SHORT TITLE: PROVISIONAL DRIVER'S LICENSE STICKER                                                                               
SPONSOR(s): REPRESENTATIVE(s) MILLETT BY REQUEST                                                                                
                                                                                                                                
03/29/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/11       (H)       STA, TRA, FIN                                                                                          
03/13/12       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 239                                                                                                                  
SHORT TITLE: PROF. SERVICES IN STATE-FUNDED CONTRACTS                                                                           
SPONSOR(s): REPRESENTATIVE(s) HOLMES                                                                                            
                                                                                                                                
04/16/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/11       (H)       STA, L&C                                                                                               
03/13/12       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JEFF TURNER, Staff                                                                                                              
Representative Charisse Millett                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 212 on behalf of                                                                            
Representative Millett, sponsor.                                                                                                
                                                                                                                                
JESSICA LUIKEN                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testifying on behalf of herself, offered a                                                               
PowerPoint presentation in support of HB 212.                                                                                   
                                                                                                                                
WHITNEY BREWSTER, Director                                                                                                      
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the hearing on HB
212.                                                                                                                            
                                                                                                                                
LIEUTENANT RODNEY DIAL, Deputy Commander                                                                                        
A Detachment                                                                                                                    
Division of Alaska State Troopers                                                                                               
Department of Public Safety                                                                                                     
POSITION STATEMENT:  Answered questions during the hearing on HB
212.                                                                                                                            
                                                                                                                                
JOSEPH MASTERS, Commissioner                                                                                                    
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to discussion during the hearing                                                               
on HB 212.                                                                                                                      
                                                                                                                                
REPRESENTATIVE LINDSEY HOLMES                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As sponsor, presented HB 239.                                                                            
                                                                                                                                
MIKE COUMBE, Staff                                                                                                              
Representative Lindsey Holmes                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Offered a  summary of  HB 239 on  behalf of                                                             
Representative Holmes, sponsor.                                                                                                 
                                                                                                                                
MARK O'BRIEN, Chief Contracts Officer                                                                                           
Contracting and Appeals                                                                                                         
Office of the Commissioner                                                                                                      
Department of Transportation & Public Facilities                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Offered  information regarding  the state's                                                             
selection process  and responded to questions  during the hearing                                                               
on HB 239.                                                                                                                      
                                                                                                                                
KATHIE WASSERMAN, Legislative Director                                                                                          
Alaska Municipal League                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 239.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:07:04 AM                                                                                                                    
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to  order at 8:07  a.m.  Representatives  Keller, Seaton,                                                               
Johansen, Petersen, Gruenberg, and Lynn  were present at the call                                                               
to order.                                                                                                                       
                                                                                                                                
          HB 212-PROVISIONAL DRIVER'S LICENSE STICKER                                                                       
                                                                                                                                
8:07:38 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the first order of  business was HOUSE                                                               
BILL  NO.  212, "An  Act  relating  to requirements  for  persons                                                               
holding provisional drivers' licenses."                                                                                         
                                                                                                                                
8:07:46 AM                                                                                                                    
                                                                                                                                
JEFF  TURNER,  Staff,  Representative  Charisse  Millett,  Alaska                                                               
State Legislature,  presented HB 212 on  behalf of Representative                                                               
Millett, sponsor.  He said  Alaska's current provisional driver's                                                               
license law places  restrictions on young drivers  until they get                                                               
more experience behind  the wheel.  For example, the  holder of a                                                               
provisional  driver's license  cannot operate  a vehicle  between                                                               
the hours of 1 a.m. and 5 a.m.  unless someone over the age of 21                                                               
is in the  vehicle.  He said the restrictions  are being ignored,                                                               
which puts other  drivers at risk.  He stated  that under HB 212,                                                               
a driver  with a provisional  driver's license would  be required                                                               
to display  a sticker  issued by the  Division of  Motor Vehicles                                                               
(DMV).   He  explained  that the  sticker  would identify  others                                                               
drivers  and  the  police  that  the driver  is  a  holder  of  a                                                               
provisional license.   He  said the bill  is being  introduced at                                                               
the request of a young constituent named, Jessica Luiken.                                                                       
                                                                                                                                
8:09:50 AM                                                                                                                    
                                                                                                                                
JESSICA  LUIKEN testified  that she  took  part in  Close Up,  in                                                               
preparation for which  she had to present a project  or idea to a                                                               
state representative and  senator.  She said the  product of that                                                               
project is HB 212.                                                                                                              
                                                                                                                                
MS. LUIKEN  offered a  PowerPoint presentation  in support  of HB
212.   She directed attention to  slide 2, which shows  the cause                                                               
of death among teenagers from  1999-2006, and she stated that out                                                               
of the  48 percent  of deaths that  were caused  by unintentional                                                               
injury, 73 percent of those  were caused by motor vehicle traffic                                                               
accidents.                                                                                                                      
                                                                                                                                
8:11:08 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:11 a.m. to 8:12 a.m.                                                                       
                                                                                                                                
8:12:31 AM                                                                                                                    
                                                                                                                                
MS. LUIKEN directed  attention to slide 3,  which shows 2004-2008                                                               
statistics  for Alaska  drivers ages  14-16, and  noted that  the                                                               
numbers  for fatal  crashes and  fatal injuries  were highest  in                                                               
2008.   She  turned  to  slide 4,  which  she  said shows  Alaska                                                               
statistics for drivers  ages 16-17, from 2002-2011,  but said the                                                               
statistics  do  not  reflect  the  effects  crashes  had  on  the                                                               
occupants and passengers of the  vehicles or "the effects that it                                                               
would have on the  public."  As shown on slide  5, she listed the                                                               
following  reasons that  drivers  with  provisional licenses  are                                                               
hazardous:      apprehension,   lack   of   experience,   weather                                                               
conditions,  no   driver  education  requirement,   and  Alaska's                                                               
diversity  from other  states.   Regarding the  latter, she  said                                                               
Alaska has "one of the  most dangerous roads in America, midnight                                                               
fishing runs," and is "constantly on the lookout for wildlife."                                                                 
                                                                                                                                
8:14:53 AM                                                                                                                    
                                                                                                                                
MS.  LUIKEN  directed  attention  to slides  6-8,  which  show  a                                                               
solution  and  reasons   to  support  it.     The  solution,  she                                                               
explained, would  be to  require each  driver with  a provisional                                                               
license  to display  a  sticker issued  by the  DMV  in the  rear                                                               
window  of  each  vehicle  he/she   drives.    The  reasons,  she                                                               
outlined, are that displaying the  sticker:  is a simple solution                                                               
to  benefit Alaska  drivers; will  impress other  driver's to  be                                                               
more  cautious  driving  around  the  novice  teen  driver;  will                                                               
provide  other drivers  the information  necessary to  understand                                                               
the  provisional   licensee's  position;  and  will   assist  law                                                               
enforcement officers in implementing the law.                                                                                   
                                                                                                                                
8:16:23 AM                                                                                                                    
                                                                                                                                
MS.  LUIKEN  directed  attention   to  slide  9,  which  suggests                                                               
enforcement  be a  fine  of not  more than  $300  for failure  to                                                               
display  the  sticker.   She  stated  that the  enforcement  will                                                               
impress  upon  young drivers  the  importance  of displaying  the                                                               
sticker.  Ms. Luiken directed  attention to slide 10, which shows                                                               
the procedures that would take place  under HB 212:  The State of                                                               
Alaska would  supply the [division]  with stickers  to distribute                                                               
to  those   persons  acquiring   a  provisional   license;  those                                                               
acquiring the  provisional license would  pay for the  sticker as                                                               
part of the  permitting process; and the sticker  would be placed                                                               
on the rear  window of the operating vehicle.   Referencing slide                                                               
11,  Ms.  Luiken  offered  a summary  of  the  previously  stated                                                               
points, proffering that HB 212 would help save Alaskan lives.                                                                   
                                                                                                                                
8:18:24 AM                                                                                                                    
                                                                                                                                
MS. LUIKEN, in  response to Representative Seaton,  said she does                                                               
not  know   when  Alaska  instituted  the   provisional  driver's                                                               
license.   She offered her  understanding that other  states have                                                               
the graduated license program.                                                                                                  
                                                                                                                                
MR.   TURNER  offered   his  understanding   that  the   original                                                               
legislation  that  brought  about Alaska's  provisional  driver's                                                               
license was  sponsored by then Representative  Bruce Weyhrauch in                                                               
2001.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG said he thinks it was 2003 or 2004.                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said  he thinks it could have  been 2005 or                                                               
2006,  and  he   noted  that  the  statistics   in  Ms.  Luiken's                                                               
PowerPoint  presentation begin  in 1999;  therefore, he  ventured                                                               
that not  having a  provisional driver's license  may not  be the                                                               
cause  of  the  number  of  teenage  deaths  from  motor  vehicle                                                               
accidents.                                                                                                                      
                                                                                                                                
8:20:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER suggested  a magnet would be  better than a                                                               
sticker.                                                                                                                        
                                                                                                                                
MS.  LUIKEN responded  that a  magnetic sign  was considered  but                                                               
discounted, because  it could  too easily fall  off a  car during                                                               
winter  or in  a car  wash.   She  said her  research shows  that                                                               
stickers that  are affixed for the  six-month provisional license                                                               
period are not difficult to remove.                                                                                             
                                                                                                                                
CHAIR LYNN  remarked that young  people may drive  their parents'                                                               
automobile.                                                                                                                     
                                                                                                                                
MS. LUIKEN indicated  that six months is a short  period of time.                                                               
She said in a case where there  are two cars owned by one family,                                                               
she would recommend that each car display a sticker.                                                                            
                                                                                                                                
8:22:41 AM                                                                                                                    
                                                                                                                                
MS.  LUIKEN, in  response  to  Representative Johansen,  imparted                                                               
that she is homeschooled and is a senior.                                                                                       
                                                                                                                                
REPRESENTATIVE JOHANSEN praised  Ms. Luiken's professionalism and                                                               
thoroughness.                                                                                                                   
                                                                                                                                
8:25:08 AM                                                                                                                    
                                                                                                                                
MS. LUIKEN, in response to  Representative Gruenberg, offered her                                                               
understanding that the provisional  driver's license is valid for                                                               
two years,  but the young  person to whom  it has been  issued is                                                               
required to have it for only six months.                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG   echoed  the  praise  of   Ms.  Luiken                                                               
previously  expressed by  Representative  Johansen.   He said  he                                                               
would like to  see Alaska require driver's  education, because it                                                               
would reduce  the number of  automobile accidents.   He expressed                                                               
appreciation of HB 212.                                                                                                         
                                                                                                                                
8:28:03 AM                                                                                                                    
                                                                                                                                
MS.  LUIKEN  agreed  that  Alaska  should  implement  a  driver's                                                               
education requirement.   She said implementing  a requirement for                                                               
those  with provisional  driver's licenses  to display  a sticker                                                               
might reduce the cost of insurance for Alaskans.                                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  if  anyone had  spoken with  the                                                               
insurance industry in that regard.                                                                                              
                                                                                                                                
MS.  LUIKEN  answered  that  she  has not,  but  could  get  that                                                               
information.                                                                                                                    
                                                                                                                                
8:29:08 AM                                                                                                                    
                                                                                                                                
MS. LUIKEN,  in response  to Representative  Petersen, reiterated                                                               
that the intent  of having the sticker displayed is  so that both                                                               
law enforcement and other drivers can see them.                                                                                 
                                                                                                                                
8:30:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  described a  situation in which  there are                                                               
multiple children  in a family and  a sticker on the  family car,                                                               
and  police may  stop a  driver who  has passengers  in the  car,                                                               
thinking that he/she  is the provisional licensee  who should not                                                               
be driving  in that situation.   He asked  Ms. Luiken if  she has                                                               
asked police  officers if they  have concerns about this  kind of                                                               
thing happening.                                                                                                                
                                                                                                                                
8:31:52 AM                                                                                                                    
                                                                                                                                
MS. LUIKEN said she has considered  that, but has no answer other                                                               
than to  advise officers to  use good  judgment.  She  added that                                                               
she intends  to speak with  law enforcement  to find out  if they                                                               
have any suggestions for the proposed legislation.                                                                              
                                                                                                                                
8:32:38 AM                                                                                                                    
                                                                                                                                
MR. TURNER  said he discussed  HB 212 with a  legislative liaison                                                               
from the Department of Public Safety, who raised no concerns.                                                                   
                                                                                                                                
8:33:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG recalled  that  in the  past, when  the                                                               
committee heard a bill about  a seatbelt requirement, concern was                                                               
expressed  about  unnecessary  stops  by police,  and  the  first                                                               
seatbelt  law  that resulted  from  that  debate allowed  only  a                                                               
secondary  stop.   Subsequently, he  said,  it was  changed to  a                                                               
primary  stop.   He  asked  if consideration  had  been given  to                                                               
include a primary  stop provision in HB 212.   In response to the                                                               
chair,  he  explained  the  difference   between  a  primary  and                                                               
secondary stop.                                                                                                                 
                                                                                                                                
8:35:53 AM                                                                                                                    
                                                                                                                                
MS.  LUIKEN said  the  intent  was that  a  stop  related to  the                                                               
provisional licensee  would be a  primary one; however,  she said                                                               
she could  understand the  reasons for  changing it  to secondary                                                               
stop.                                                                                                                           
                                                                                                                                
CHAIR  LYNN  ventured that  it  may  be  difficult for  a  police                                                               
officer to  tell how  old a  driver is, which  may result  in the                                                               
police  officer pulling  over a  driver he/she  thinks should  be                                                               
displaying a  provisional driver's  license sticker only  to find                                                               
out the driver is past the  age that would, under HB 212, require                                                               
a sticker.                                                                                                                      
                                                                                                                                
8:37:07 AM                                                                                                                    
                                                                                                                                
MS. LUIKEN, in  response to Representative Seaton,  said she does                                                               
not know  what the  current fine is  for violating  a provisional                                                               
license, and  she deferred to  Whitney Brewster, the  director of                                                               
the DMV.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON directed attention  to page 1, lines [9-14]                                                               
of the proposed bill, which read as follows:                                                                                    
                                                                                                                                
         However, a person charged with violating this                                                                          
     section may not be convicted if the person                                                                                 
             (1) has not previously been arrested,                                                                              
     charged, or cited for a violation of this section; and                                                                     
              (2) produces in court proof that the                                                                              
      person has obtained and affixed the sticker required                                                                      
     by this subsection.                                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON asked  if the  intent  of the  bill is  to                                                               
allow a  "free pass,"  by which a  person could be  let off  of a                                                               
first  violation  if he/she  subsequently  bought  a sticker  and                                                               
displayed it.                                                                                                                   
                                                                                                                                
MS. LUIKEN  answered that she does  not think that is  the intent                                                               
of the bill.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  offered   his  understanding   that  the                                                               
language of the bill would allow that.                                                                                          
                                                                                                                                
8:40:03 AM                                                                                                                    
                                                                                                                                
MR. TURNER  told Representative  Seaton that "the  provisions you                                                               
pointed out are correct."                                                                                                       
                                                                                                                                
8:40:21 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN said he has a  problem with the concept of the sticker                                                               
when there could be multiple vehicles.   He expressed a wish that                                                               
something  more removable  could be  used, such  as the  handicap                                                               
driver permit that is hung in  the rear view mirror.  He remarked                                                               
that  it may  be difficult  for some  people to  access the  back                                                               
window in the vehicle.                                                                                                          
                                                                                                                                
8:41:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  offered his understanding that  in other                                                               
countries, the stickers  used are unique in that  they are static                                                               
and can  be affixed, removed,  and reaffixed multiple times.   He                                                               
asked if that is what Ms. Luiken found in her research.                                                                         
                                                                                                                                
MS.  LUIKEN replied  that she  had researched  both magnetic  and                                                               
static stickers,  but ultimately  chose a more  permanent sticker                                                               
for reasons previously stated.                                                                                                  
                                                                                                                                
8:42:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER ventured that if he  were of the age to get                                                               
a provisional  license, he  would figure  out a  way to  get more                                                               
than one sticker to maximize the opportunity to drive.                                                                          
                                                                                                                                
8:43:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN surmised  that  an  older sibling  might                                                               
remove  the  sticker  belonging to  a  younger  sibling,  because                                                               
he/she would not want to be seen driving with it.                                                                               
                                                                                                                                
8:43:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  described a situation in  which someone                                                               
opens a hatchback  door and the sticker on the  window might fall                                                               
off.  He expressed concern that  the driver may not be aware that                                                               
that has happened, and he/she could incur a fine of $300.                                                                       
                                                                                                                                
8:44:29 AM                                                                                                                    
                                                                                                                                
MS. LUIKEN  offered her understanding  that the sticker  would be                                                               
on the outside of the car.                                                                                                      
                                                                                                                                
REPRESENTATIVE   GRUENBERG    then   expressed    concern   about                                                               
maintaining the life of the sticker when ice is scraped.                                                                        
                                                                                                                                
CHAIR LYNN added another challenge may be the windshield wiper.                                                                 
                                                                                                                                
8:44:46 AM                                                                                                                    
                                                                                                                                
MR. TURNER  said the  bill simply says  "sticker".   He suggested                                                               
that  it  may  be  the  best  option to  allow  the  DMV  or  the                                                               
committees hearing the bill to work out the details.                                                                            
                                                                                                                                
8:45:36 AM                                                                                                                    
                                                                                                                                
WHITNEY   BREWSTER,  Director,   Division   of  Motor   Vehicles,                                                               
Department  of Administration,  responded to  questions from  the                                                               
committee.  Regarding the effective  date of the provisional law,                                                               
she  said the  bill passed  in 2004  and was  put into  effect on                                                               
1/1/2005.   Regarding the type of  sticker, she said the  DMV had                                                               
contemplated  the static  cling  type of  sticker,  but said  she                                                               
appreciates  the comments  of the  committee  in determining  the                                                               
best way  to adhere the  sticker.   Regarding the operation  of a                                                               
vehicle without a provisional license,  she said the fine is $200                                                               
and  a 2-point  ticket.    Regarding the  life  of a  provisional                                                               
license, she  said the  life of  the license  is five  years, but                                                               
expires when  the holder of it  turns 18; however, the  driver is                                                               
not required to come in to  change out the license.  Ms. Brewster                                                               
relayed that  there are 6,251  unexpired provisional  licenses on                                                               
the street today.                                                                                                               
                                                                                                                                
8:48:25 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER,  in response to  Representative Johansen,  said the                                                               
word  "sticker" would  allow  the  DMV to  issue  a static  cling                                                               
sticker or a sticker that adheres to the window.                                                                                
                                                                                                                                
8:48:54 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER,  in response to Representative  Gruenberg, said she                                                               
is not  aware of  any insurance  ramifications for  a provisional                                                               
driver, but deferred to the Division of Insurance.                                                                              
                                                                                                                                
8:49:31 AM                                                                                                                    
                                                                                                                                
MR. BREWSTER, in response to Chair  Lynn, said the DMV is neutral                                                               
on  HB 212;  however,  she noted  that  the proposed  legislation                                                               
would be fairly easy and inexpensive to implement.                                                                              
                                                                                                                                
8:49:53 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER, in  response to  Representative  Seaton, said  she                                                               
could  not think  offhand  of  a term  better  than sticker,  but                                                               
ventured that the  DMV could come up with one  fairly easily.  In                                                               
response to a  follow-up question, she said  the approximate cost                                                               
of each  static cling sticker  would be  20 cents, and  the total                                                               
cost  to the  DMV would  be less  than $1,200,  which is  why the                                                               
division has submitted a zero fiscal note.                                                                                      
                                                                                                                                
8:51:21 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER, in  response to  Representative Petersen,  offered                                                               
her  understanding  that a  person  could  obtain more  than  one                                                               
sticker.   In  response to  Representative Seaton,  she said  the                                                               
earliest  age  at which  a  person  qualifies for  a  provisional                                                               
driver's license  is 16,  at which point,  he/she is  required to                                                               
have that  provision license  for six  months, during  which time                                                               
he/she  must remain  infraction-free.   Under that  scenario, she                                                               
relayed, it  would be possible for  a person to obtain  a regular                                                               
driver's license by the age of 16 and a half.                                                                                   
                                                                                                                                
8:53:26 AM                                                                                                                    
                                                                                                                                
LIEUTENANT RODNEY DIAL, Deputy  Commander, A Detachment, Division                                                               
of Alaska State  Troopers, stated that the  department is neutral                                                               
on  HB  212.   In  response  to  the previous  expressed  concern                                                               
regarding stops  made by  officers, he  stated, "We  would expect                                                               
that  law  enforcement  officers  would  use  discretion  in  the                                                               
application,  and attempt  to make  visual determinations  of the                                                               
operator to determine if they appear  to be within the 16- to 18-                                                               
year  range  bound  by  the requirements."    He  said  generally                                                               
violations   of  the   provisional  driver's   license  law   are                                                               
identified as  a result  of other  traffic violations  or through                                                               
contact by a concerned parent or citizen.                                                                                       
                                                                                                                                
8:54:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  offered  a  hypothetical  situation  in                                                               
which a  provisional driver  - with  teenage passengers  who were                                                               
not relatives  - was  pulled over by  law enforcement,  and there                                                               
was no  sticker displayed.   He  asked if,  [under HB  212], that                                                               
driver would  be subject to both  a $200 and $300  fine, totaling                                                               
$500.                                                                                                                           
                                                                                                                                
LIEUTENANT DIAL  answered that that  is possible.  He  said fines                                                               
are  set  by  the  Alaska  Supreme  Court,  and  he  offered  his                                                               
understanding that  the language of  HB 212 states that  the fine                                                               
could  be  up  to  $300,  so  it  could  be  less.    He  further                                                               
interpreted HB 212  as setting up the first violation  of the law                                                               
as  a  correctable  citation,  such   as  is  a  citation  for  a                                                               
nonworking headlight or taillight.                                                                                              
                                                                                                                                
8:55:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  a hypothetical  situation  in                                                               
which  a sticker  has  fallen  off because  of  weather, and  the                                                               
driver is  pulled over but  finds the sticker  and shows it.   He                                                               
asked if the  person would be subject to prosecution  if the same                                                               
thing happened twice.                                                                                                           
                                                                                                                                
LIEUTENANT   DIAL  responded   that  technically   Representative                                                               
Gruenberg  is   correct,  although  he  said   officers  do  have                                                               
discretion.  He offered his  belief that officers would not issue                                                               
a citation under those circumstances  if it was apparent that the                                                               
person was attempting to comply with the law.                                                                                   
                                                                                                                                
8:57:21 AM                                                                                                                    
                                                                                                                                
JOSEPH  MASTERS,  Commissioner,   Department  of  Public  Safety,                                                               
pointed out how  unusual it is for  a young person to  see a need                                                               
for a  bill, do the  research, and come up  with a solution.   He                                                               
stated that although the department  holds a neutral stance on HB
212, his  presence at the bill  hearing is in support  of people,                                                               
especially  young  people, getting  involved  in  the process  of                                                               
creating laws.                                                                                                                  
                                                                                                                                
8:59:34 AM                                                                                                                    
                                                                                                                                
MS. LUIKEN directed  attention back to slide 6  of the PowerPoint                                                               
presentation,  which   shows  another   option  to   designate  a                                                               
provisional driver, used by New Jersey,  which is:  a red sticker                                                               
placed  on  the license  plate.    She  said she  would  research                                                               
answers to  the questions that  had been  asked.  In  response to                                                               
the chair,  she confirmed  that she  would like  to see  the bill                                                               
pass out of committee.                                                                                                          
                                                                                                                                
9:01:43 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN closed public testimony.                                                                                             
                                                                                                                                
9:01:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved to adopt Conceptual  Amendment 1, as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 5:                                                                                                            
          Delete "a sticker"                                                                                                    
          Insert "an identification tag"                                                                                        
                                                                                                                                
9:02:37 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN objected for the purpose of discussion.                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON  spoke  to  Conceptual Amendment  1.    He                                                               
offered  his  understanding  that   concern  had  been  expressed                                                               
regarding  a sticker  that once  affixed, would  not be  moveable                                                               
from one vehicle to another, and  there may be other options.  He                                                               
said he would like to give the  DMV a broader scope in the design                                                               
and designation of the tag.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  indicated  concerned  about  the  same                                                               
issue.                                                                                                                          
                                                                                                                                
9:04:05 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN removed his objection.                                                                                               
                                                                                                                                
REPRESENTATIVE JOHANSEN  objected to Conceptual Amendment  1.  He                                                               
said the director of the DMV  told the committee that the current                                                               
language  offers enough  leeway, and  he stated  a preference  to                                                               
figure out something concrete, rather  than offering a conceptual                                                               
change in this regard.                                                                                                          
                                                                                                                                
9:05:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  concurred with  Representative  Johansen.                                                               
He said,  "If we leave  it open, there's  a danger of  getting it                                                               
too broad."                                                                                                                     
                                                                                                                                
9:05:29 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER, in  response to  Representative Gruenberg,  stated                                                               
her belief that the language  indicating a sticker is "relatively                                                               
broad" and  "could encompass  both a  sticker in  the traditional                                                               
sense, as  well as a static  cling sticker - anything  that would                                                               
allow for  the ...  identification to be  somehow adhered  to the                                                               
window."                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  stated opposition to Amendment  1, with                                                               
the  understanding  that  as  bill  goes  through  the  committee                                                               
process,  Ms. Brewster  would let  other committees  know if  she                                                               
thinks of any language that the DMV would prefer.                                                                               
                                                                                                                                
MS. BREWSTER said that would be acceptable.                                                                                     
                                                                                                                                
9:07:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  said when  he hears  the word  "tags" he                                                               
thinks of tags  on license plates.  He  offered his understanding                                                               
that  it is  not the  intent of  the sponsor  to issue  tags that                                                               
would  be put  on license  plates, and  he opined  that the  word                                                               
"sticker" would be broad enough.                                                                                                
                                                                                                                                
9:07:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON withdrew Conceptual Amendment 1.                                                                          
                                                                                                                                
9:07:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG expressed concerned  about "this being a                                                               
primary  stop."  In  response  to  Chair  Lynn,  he  offered  his                                                               
understanding that under HB 212,  a law enforcement officer could                                                               
pull  a person  over  after visually  observing  that the  driver                                                               
appeared to be  within the age range of a  provisional driver but                                                               
did not have a sticker displayed.                                                                                               
                                                                                                                                
9:08:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved Conceptual  Amendment 2, such that                                                               
the  failure   to  have  a   sticker  would  not  be   a  primary                                                               
[infraction].                                                                                                                   
                                                                                                                                
CHAIR LYNN objected for the purpose of discussion.                                                                              
                                                                                                                                
9:09:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER stated support for Conceptual Amendment 2.                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  similar  language  was  used  to                                                               
address a seatbelt law.                                                                                                         
                                                                                                                                
9:09:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG,   in   response   to   Representative                                                               
Petersen,  explained that  by law,  every stop  is a  primary one                                                               
unless  there is  specific language  stating  that it  must be  a                                                               
secondary stop.                                                                                                                 
                                                                                                                                
9:10:33 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  withdrew his  objection.    There being  no  further                                                               
objection, Conceptual Amendment 2 was adopted.                                                                                  
                                                                                                                                
9:10:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN,  regarding  the concern  that  stickers                                                               
could fall off,  stated that driving is a privilege,  and a young                                                               
driver might  learn a lesson  in responsibility if he/she  has to                                                               
pay $300 because a sticker has fallen off the vehicle.                                                                          
                                                                                                                                
9:11:36 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN remarked that he has  a lot of faith in young drivers.                                                               
He  said  they may  not  have  experience,  but they  have  quick                                                               
reflexes.                                                                                                                       
                                                                                                                                
9:12:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  directed attention  to the  phrase, "in                                                               
the  rear  window", on  page  1,  lines  4-5,  and he  asked  Ms.                                                               
Brewster if  she would  like the phrase  eliminated to  allow the                                                               
division to determine where the sticker should be placed.                                                                       
                                                                                                                                
9:13:27 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER replied  that the  DMV had  contemplated that  [the                                                               
sticker] would be in the rear  window of the vehicle.  She agreed                                                               
with Ms.  Luiken that in  Alaska's climate it would  be difficult                                                               
to keep a  magnet on the vehicle.   She said she  thinks the rear                                                               
window is the most appropriate  place for the sticker; therefore,                                                               
she said she is fine with the language as is.                                                                                   
                                                                                                                                
9:14:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to report  HB 212, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  212(STA)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     
                                                                                                                                
9:14:39 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:15 to 9:16 a.m.                                                                            
                                                                                                                                
9:16:44 AM                                                                                                                    
                                                                                                                                
        HB 239-PROF. SERVICES IN STATE-FUNDED CONTRACTS                                                                     
                                                                                                                                
9:16:45 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the final order of  business was HOUSE                                                               
BILL  NO.   239,  "An   Act  relating   to  the   procurement  of                                                               
architectural,  engineering, or  land surveying  contracts funded                                                               
by money from the state."                                                                                                       
                                                                                                                                
9:17:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LINDSEY  HOLMES,  Alaska  State  Legislature,  as                                                               
sponsor,  presented HB  239.   She  said currently  the State  of                                                               
Alaska uses  a qualifications based selection  process when using                                                               
its  own  money  for  state   projects;  the  federal  government                                                               
similarly  requires  qualification  based criteria  when  federal                                                               
grants or  other money are involved.   Under HB 239,  the process                                                               
would be extended to state  grants being used [for architectural,                                                               
engineering, and land surveying] projects.                                                                                      
                                                                                                                                
REPRESENTATIVE HOLMES said when  consumers search for a physician                                                               
or  lawyer,  or   when  they  shop  for  a   vehicle,  the  first                                                               
consideration is not  price, it is experience and value.   In the                                                               
example of  buying a  car, she  said a  price is  negotiated only                                                               
after  a vehicle  with  the necessary  features  has been  found.                                                               
Representative Holmes  suggested the  same process  should happen                                                               
when  the state  bids; once  the state  chooses the  best company                                                               
based on qualifications,  it would then negotiate  for price with                                                               
that company.   If  that company  will not give  a price  that is                                                               
acceptable, then  the state would go  to the next company  on the                                                               
qualification-based list.                                                                                                       
                                                                                                                                
9:20:47 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN commented  that  the information  in  resumes can  be                                                               
selective, and choosing from them subjective.                                                                                   
                                                                                                                                
9:21:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  if  the ultimate  focus  of  the                                                               
proposed legislation is quality of work or cost savings.                                                                        
                                                                                                                                
REPRESENTATIVE HOLMES answered it is both.                                                                                      
                                                                                                                                
CHAIR LYNN suggested  that it is the responsibility  of the state                                                               
to  include its  expectation for  a  project in  its request  for                                                               
proposals (RFPs).                                                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES said, "That depends."                                                                                     
                                                                                                                                
9:23:17 AM                                                                                                                    
                                                                                                                                
MIKE COUMBE,  Staff, Representative Lindsey Holmes,  Alaska State                                                               
Legislature,  on   behalf  of  Representative   Holmes,  sponsor,                                                               
offered a summary of HB 239, as follows:                                                                                        
                                                                                                                                
     It requires  that state funded contracts  be negotiated                                                                    
     with the  most qualified  and suitable  professional of                                                                    
     demonstrated competence, also  considering proximity to                                                                    
     the  project site.   If  those  negotiations fail,  the                                                                    
     state funded  contractor will  negotiate with  the next                                                                    
     qualified   professional,   in    order   of   ranking.                                                                    
     Proposals  may be  rejected  by  the state  contractor.                                                                    
     Situations of public necessity  are excluded from these                                                                    
     requirements.  Price can be  considered, as long as the                                                                    
     project evaluators  are registered professionals.   And                                                                    
     this  does not  apply to  contracts incorporating  both                                                                    
     design and construction work.                                                                                              
                                                                                                                                
9:27:06 AM                                                                                                                    
                                                                                                                                
MR.  COUMBE, in  response to  Representative Johansen,  clarified                                                               
that  the  bill  addresses  all  contracts  in  which  the  state                                                               
invests.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  JOHANSEN  said  if   the  intent  is  to  include                                                               
anything engineered in  the state, then that will raise  a lot of                                                               
questions.                                                                                                                      
                                                                                                                                
9:28:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES said she would research that issue.                                                                       
                                                                                                                                
9:29:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  expressed  concern about  including  land                                                               
surveying, because "it's done for  numerous things."  He directed                                                               
attention to a  sentence beginning on page 1, line  6, which read                                                               
as follows:                                                                                                                     
                                                                                                                                
     If   a  contracting   person  procures   architectural,                                                                    
     engineering, or  land surveying  services for  a state-                                                                    
     funded  contract, the  contracting  person shall,  when                                                                    
     selecting  the  contractor,  negotiate  with  the  most                                                                    
     qualified   and   suitable   professional   person   of                                                                    
     demonstrated competence to perform the services.                                                                           
                                                                                                                                
REPRESENTATIVE  SEATON  said that  sounds  like  the RFP  process                                                               
would not even be used.                                                                                                         
                                                                                                                                
REPRESENTATIVE  HOLMES deferred  to  Mark O'Brien  for an  answer                                                               
regarding RFPs.  She said licensing is still very important.                                                                    
                                                                                                                                
9:32:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said it does  not sound like there would be                                                               
any real  cost constraint, as  long as negotiations are  made and                                                               
there is enough money from the state for the project.                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES responded that  "this language" is the same                                                               
language as  that which applies  to fully  state-funded projects.                                                               
She deferred again to Mark O'Brien.                                                                                             
                                                                                                                                
9:33:41 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  questioned whether  the system  is broken  and, thus,                                                               
needs to be fixed.                                                                                                              
                                                                                                                                
MS.  HOLMES  recommended  that  the  committee  hear  from  those                                                               
waiting to  testify.   In response to  a follow-up  question from                                                               
the chair, she  said she does not think  the proposed legislation                                                               
would either decrease or increase competition.                                                                                  
                                                                                                                                
9:34:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  directed attention  to language  on page                                                               
2, lines 22-23, which read as follows:                                                                                          
                                                                                                                                
         (f) This section does not apply to a contract                                                                          
    that    incorporates   both    design   services    and                                                                     
     construction.                                                                                                              
                                                                                                                                
REPRESENTATIVE JOHANSEN asked why that language is in the bill.                                                                 
                                                                                                                                
REPRESENTATIVE HOLMES said she believes  the language aligns with                                                               
current state practice.                                                                                                         
                                                                                                                                
REPRESENTATIVE JOHANSEN indicated that  within DOT&PF, there is a                                                               
movement towards "design build and cost savings."                                                                               
                                                                                                                                
9:36:11 AM                                                                                                                    
                                                                                                                                
MR.  COUMBE, in  response  to Representative  Johansen, said  the                                                               
idea for  HB 239 originated  from the Alaska  Professional Design                                                               
Council (APDC).                                                                                                                 
                                                                                                                                
9:36:40 AM                                                                                                                    
                                                                                                                                
MARK O'BRIEN,  Chief Contracts Officer, Contracting  and Appeals,                                                               
Office  of  the  Commissioner,  Department  of  Transportation  &                                                               
Public  Facilities, offered  a review  of  the state's  selection                                                               
process.   He said since  the state procurement code  was enacted                                                               
in  1986, the  department  has been  using a  qualification-based                                                               
selection  process, which  has been  required for  every federal-                                                               
based contract since 1972.   Currently, grant recipients in state                                                               
and local  governments who receive  any federal aid  are required                                                               
to perform a qualification-based selection.   Some use price as a                                                               
factor  and some  do  not,  he said.    Mr.  O'Brien offered  his                                                               
understanding  that there  are 42  states that  currently have  a                                                               
qualification-based  selection   process.     Of  those   42,  21                                                               
currently require what is proposed in HB 239.                                                                                   
                                                                                                                                
9:39:44 AM                                                                                                                    
                                                                                                                                
MR. O'BRIEN said in a  low-price selection process, any potential                                                               
design savings may be offset  by higher construction or operating                                                               
costs from a less than  optimal design consideration.  He relayed                                                               
that a  life-cycle cost or  lifespan of a building  engineered is                                                               
typically about 40 years, and  negotiated design fees are usually                                                               
less than 1  percent of that, while the other  99 percent fall in                                                               
the category of maintenance and operation  costs.  He said it can                                                               
be short-sighted  to try to  save money  on the 1  percent, while                                                               
the  other 99  percent  is "expensed  out over  the  life of  the                                                               
building because additional design  considerations were not taken                                                               
into effect."  Mr. O'Brien  said when design decisions are driven                                                               
by low  price, the  emphasis of  the design  professional changes                                                               
from being  able to take  advantage of  the full range  of design                                                               
opportunities, which  may affect  the efficiency of  the building                                                               
over time, to having to focus solely on managing costs.                                                                         
                                                                                                                                
9:41:51 AM                                                                                                                    
                                                                                                                                
MR.  O'BRIEN,  in  response  to   a  request  for  clarification,                                                               
explained that the purpose of HB  239 is to change the process by                                                               
which   all   state   and   local   governments   acquire   their                                                               
architectural, land  surveying, and engineering services:   price                                                               
would  no  longer be  a  factor  in  the  selection of  the  most                                                               
qualified firm;  it becomes a factor  later on.  He  continued as                                                               
follows:                                                                                                                        
                                                                                                                                
     The state, when  we go out to ...  acquire an architect                                                                    
     or an engineer, we send  out a request for proposal, we                                                                    
     get  in  proposals  from  those  interested  firms,  we                                                                    
     evaluate  them ...  only  on  their qualifications,  we                                                                    
     take  the  highest  ranked  firm,  and  we  enter  into                                                                    
     negotiations  for the  actual  scope  of services  that                                                                    
     we're  trying  to acquire.    That's  the process;  and                                                                    
     that's  the  process that  this  bill  then imposes  on                                                                    
     local  jurisdictions  for  state  money  that's  handed                                                                    
     down.   So,  ... the  comments  that I  made about  low                                                                    
     price were  relative to the  process that may  be going                                                                    
     on out there  and why it may be  worthwhile to consider                                                                    
     a qualification-based requirement.                                                                                         
                                                                                                                                
9:45:01 AM                                                                                                                    
                                                                                                                                
MR. O'BRIEN, in response to  Chair Lynn, said cost containment is                                                               
a project management issue rather than a selection process.                                                                     
                                                                                                                                
9:46:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  offered   his  understanding   that  the                                                               
proposed  legislation would  require  [a  contractor using  state                                                               
awarded  funds] to  negotiate with  the most  qualified entities,                                                               
but would not require RFPs.                                                                                                     
                                                                                                                                
9:48:14 AM                                                                                                                    
                                                                                                                                
MR. O'BRIEN said  AS 36.30.270 - statute  applying to architects,                                                               
engineers,  and  land surveyors  -  falls  under the  competitive                                                               
sealed proposal section of the  procurement code.  He said, "That                                                               
issue  is  addressed in  ...  procurement  code and  statute  and                                                               
regulation  for us,  pointing to  an  RFP process  in advance  of                                                               
that, and that is absent from this."   He noted that there is one                                                               
reference  to rejection  on  page  2, line  7,  which read,  "The                                                               
contracting  person  may  reject  all   or  part  of  a  proposal                                                               
submitted under this  section."  He said that  implies that there                                                               
is a proposal process.                                                                                                          
                                                                                                                                
9:50:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  said it  is obvious  that Mr.  O'Brien has                                                               
faith in the  quality selection process.  He  ventured, "It seems                                                               
like ... you  could preclude in that process  the contractor that                                                               
may, in fact, be  the one that can give you  the best product for                                                               
the best price."  He pointed  to the word "proximity" [on page 2,                                                               
line 1],  and noted  that the language  does not  specify whether                                                               
near  or  far  is  better.   He  expressed  concern  that  "using                                                               
criteria like  that could ...  prevent you from  cost containment                                                               
in step two."                                                                                                                   
                                                                                                                                
9:52:10 AM                                                                                                                    
                                                                                                                                
MR.  O'BRIEN  said a  professional's  experience  and ability  to                                                               
provide  a  desired  design  is  not  necessarily  tied  to  that                                                               
professional's hourly  price.   He explained that  a firm  with a                                                               
higher hourly rate may have done  so many iterations of a project                                                               
that it is  more time efficient in carrying out  the project than                                                               
a  firm with  a  lower hourly  rate  that has  not  had the  same                                                               
experience.  He continued:                                                                                                      
                                                                                                                                
     Does price  tell you  how much you're  going to  get in                                                                    
     terms  of  value  from  that contractor?    And  for  a                                                                    
     professional, I would  argue no.  It's  the same reason                                                                    
     you  wouldn't select  a doctor  by price,  you wouldn't                                                                    
     select an attorney  by price.  There  are factors other                                                                    
     than that  that are  more important  in terms  of their                                                                    
     qualifications  and their  ability to  perform for  you                                                                    
     the product that you're looking for.                                                                                       
                                                                                                                                
9:54:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  offered   his  understanding  that  Mr.                                                               
O'Brien said this process already  takes place when federal money                                                               
is  being used.   He  asked, "We're  just talking  about strictly                                                               
state  money and  some other  source, and  not federal  money, is                                                               
that correct?"                                                                                                                  
                                                                                                                                
MR. O'BRIEN answered that is correct.                                                                                           
                                                                                                                                
REPRESENTATIVE JOHANSEN asked, "Would it  be fair to say that ...                                                               
most  every  project  we  do  has  some  sort  of  federal  money                                                               
involved, and that all of  those are already under this umbrella,                                                               
[vis-à-vis] this language?"                                                                                                     
                                                                                                                                
MR. O'BRIEN said that is correct.                                                                                               
                                                                                                                                
REPRESENTATIVE JOHANSEN gave  an example of a  $10 million dollar                                                               
library  project taking  place  in Ketchikan,  using  a local  $5                                                               
million municipal bond and a  state appropriation for $5 million,                                                               
and asked if, under  HB 239, "we would be able  to do the project                                                               
under these statutes."                                                                                                          
                                                                                                                                
MR. O'BRIEN  replied that if  HB 239  passes and that  project is                                                               
partially state funded,  then he believes the answer is  yes.  He                                                               
said  he would  have to  read the  law to  recollect whether  the                                                               
distinction is partially or fully state funded.                                                                                 
                                                                                                                                
9:55:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  questioned whether  municipalities  and                                                               
local  entities  have the  expertise,  time,  and energy  to  "go                                                               
through this process."                                                                                                          
                                                                                                                                
MR.  O'BRIEN  responded,  "If  they're  currently  receiving  any                                                               
federal aid  funds - directly  or passed  through to the  state -                                                               
they're already doing it."                                                                                                      
                                                                                                                                
9:56:47 AM                                                                                                                    
                                                                                                                                
KATHIE WASSERMAN, Legislative  Director, Alaska Municipal League,                                                               
said  AML   members  discussed  HB   239  at   AML's  legislative                                                               
conference  last month  and  no  one could  figure  out what  the                                                               
problem  was that  necessitated  the proposed  legislation.   She                                                               
said  she has  never  heard  that the  procurement  rules are  an                                                               
issue.   She said  a few  years ago,  when she  was the  mayor of                                                               
Pelican,  Alaska,  the  state  turned over  its  harbors  to  the                                                               
municipalities, and the  amount of money she  received to restore                                                               
Pelican's harbor was  very small.  She said that  "it's all about                                                               
money," and to not be able  to make decisions based on cost would                                                               
"tie  up everything."   She  mentioned the  proximity requirement                                                               
under HB  239, and  she said  although she  agrees with  the bill                                                               
sponsor that she  would not necessarily choose a  doctor based on                                                               
cost,  she  said proximity  would  not  enter into  her  decision                                                               
either; she would  fly to Seattle to  see a doctor if  she had to                                                               
do so.  Conversely, she said  she would consider cost when buying                                                               
a vehicle.   She said  as former  mayor she has  received federal                                                               
money  many  times,  but  has  never  gone  through  the  process                                                               
described by "the gentleman from  DOT."  She expressed doubt that                                                               
what works for DOT will also  work for small communities that are                                                               
doing all they can with few resources.                                                                                          
                                                                                                                                
9:59:40 AM                                                                                                                    
                                                                                                                                
MS. WASSERMAN,  in response to Representative  Johansen, said she                                                               
does  not  remember  ever  going   through  an  RFP  process  any                                                               
differently  with  federal  money  than with  state  money.    In                                                               
response to Representative Seaton,  she offered her understanding                                                               
that  most   municipalities  have   a  set  amount   under  their                                                               
ordinances under which they do  not require RFPs, but that amount                                                               
is  usually  very  small.    She  reemphasized  the  relationship                                                               
between a low  budget and consideration of cost.   In response to                                                               
a follow-up  question, she stated  her belief that  AML's problem                                                               
with HB 239 is that it does not believe there is a need for it.                                                                 
                                                                                                                                
10:02:07 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  encouraged Ms.  Wasserman to  speak with                                                               
the other  municipalities about  considerations of  larger versus                                                               
smaller communities.                                                                                                            
                                                                                                                                
10:03:45 AM                                                                                                                   
                                                                                                                                
CHAIR LYNN noted that there  were several people left to testify,                                                               
with no time left.                                                                                                              
                                                                                                                                
10:04:14 AM                                                                                                                   
                                                                                                                                
CHAIR LYNN announced that HB 239 was held over.                                                                                 
                                                                                                                                
10:04:52 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee meeting was  adjourned at 10:05                                                               
a.m.                                                                                                                            

Document Name Date/Time Subjects
01 HB0212A.PDF HSTA 3/13/2012 8:00:00 AM
HB 212
02 HB 212 Sponsor Statement.pdf HSTA 3/13/2012 8:00:00 AM
HB 212
03 HB 212 PowerPoint.PDF HSTA 3/13/2012 8:00:00 AM
HB 212
04 HB 212 Supporting Document - NCSL Research 4-1-11.PDF HSTA 3/13/2012 8:00:00 AM
HB 212
05 HB212-DOA-DMV-3-8-12.pdf HSTA 3/13/2012 8:00:00 AM
HTRA 3/27/2012 1:00:00 PM
HB 212
01 HB0239A.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
02 HB239 Sponsor Statement.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
03 HB239 Current Statutes for State Professional Contracts.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
04 HB239 Supporting Document - American Institute of Architects Position Statement.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
05 HB239 Supporting Document - Case Studies in Bidding - American Consulting Engineers Council.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
06 HB239 Supporting Document - Maryland & Florida Comparison Study - American Institute of Architects.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
07 Letter of Support USKH.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
08 RurAL CAP Comments - HB 239 - contracting requirements.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
09 Letter of Support Schoenthal.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
10 HB239-DOT-AS-3-12-12.pdf HSTA 3/13/2012 8:00:00 AM
HB 239
11 Letter Opposing - Brooks Chandler, Attorney.PDF HSTA 3/13/2012 8:00:00 AM
HB 239
06 HB 212 Supporting Document - Luiken PowerPoint 03132012.pdf HSTA 3/13/2012 8:00:00 AM
HB 212