Legislature(1995 - 1996)

03/06/1996 01:20 PM TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            HOUSE TRANSPORTATION STANDING COMMITTEE                            
                         March 6, 1996                                         
                           1:20 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Gary Davis, Chairman                                           
 Representative Beverly Masek, Vice Chair                                      
 Representative Jeanette James                                                 
 Representative Tom Brice                                                      
 Representative Jerry Sanders                                                  
 Representative Bill Williams                                                  
 Representative Don Long                                                       
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 517                                                            
 "An Act relating to records and hearings of the Department of                 
 Public Safety; relating to a temporary permit to drive a motor                
 vehicle; relating to regulation of motor vehicles and commercial              
 motor vehicles; relating to renewal of a driver's license by mail;            
 increasing the property damage amounts for proof of financial                 
 responsibility and proof of motor vehicle eligibility in order to             
 lawfully operate a motor vehicle in the state; relating to certain            
 notifications in accidents involving property damage; relating to             
 motor vehicle registration procedures; and providing for an                   
 effective date."                                                              
                                                                               
      - MOVED CSHB 517 (TRA) OUT OF COMMITTEE                                  
                                                                               
 *HOUSE BILL NO. 462                                                           
 "An Act relating to the offenses of driving while intoxicated and             
 refusal to submit to a chemical test of breath or blood; amending             
 Rules 6 and 32.1, Alaska Rules of Criminal Procedure; and providing           
 for an effective date."                                                       
                                                                               
      MOVED HB 462 OUT OF COMMITTEE                                            
                                                                               
 *HOUSE CONCURRENT RESOLUTION NO. 29                                           
 Providing for a contest among the elementary school students of               
 Alaska to name the new ferry of the Alaska marine highway system.             
                                                                               
      MOVED CSHCR 29 (TRA) OUT OF COMMITTEE                                    
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 517                                                              
 SHORT TITLE: MOTOR VEHICLES: REGULATION & INSURANCE                          
 SPONSOR(S): TRANSPORTATION                                                    
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/14/96      2750    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/14/96      2751    (H)   TRANSPORTATION, JUDICIARY                         
 02/21/96              (H)   TRA AT  1:00 PM CAPITOL 17                        
 02/21/96              (H)   MINUTE(TRA)                                       
 02/28/96              (H)   TRA AT  1:00 PM CAPITOL 17                        
 02/28/96              (H)   MINUTE(TRA)                                       
 03/06/96              (H)   TRA AT  1:00 PM CAPITOL 17                        
                                                                               
 BILL:  HB 462                                                              
 SHORT TITLE: DRUNK DRIVING: EVIDENCE & SENTENCING                            
 SPONSOR(S): REPRESENTATIVE(S) PORTER,Toohey                                   
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/02/96      2606    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/02/96      2606    (H)   TRANSPORTATION, JUDICIARY                         
 02/28/96              (H)   TRA AT  1:00 PM CAPITOL 17                        
 02/28/96              (H)   MINUTE(TRA)                                       
 03/06/96              (H)   TRA AT  1:00 PM CAPITOL 17                        
 03/08/96              (H)   JUD AT  1:00 PM CAPITOL 120                       
                                                                               
 BILL:  HCR 29                                                              
 SHORT TITLE: STUDENT CONTEST TO NAME NEW FERRY                               
 SPONSOR(S): REPRESENTATIVE(S) WILLIAMS                                        
                                                                               
 JRN-DATE     JRN-PG            ACTION                                         
 02/12/96      2721    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/12/96      2722    (H)   TRANSPORTATION, STATE AFFAIRS                     
 02/28/96              (H)   TRA AT  1:00 PM CAPITOL 17                        
 02/28/96              (H)   MINUTE(TRA)                                       
 03/06/96              (H)   TRA AT  1:00 PM CAPITOL 17                        
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JUANITA HENSLEY, Chief                                                        
 Driver Services                                                               
 Division of Motor Vehicles                                                    
 Department of Public Safety                                                   
 P.O. Box 20020                                                                
 Juneau, Alaska  99811-0020                                                    
 Telephone:  (907) 465-4361                                                    
 POSITION STATEMENT:  Testified on HB 517                                      
                                                                               
 FRANK DILLON, Executive Director                                              
 Alaska Trucking Association, Incorporated                                     
 Board Member, Center for Employment Education                                 
 3443 Minnesota Drive                                                          
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 276-1149                                                    
 POSITION STATEMENT:  Testified in support of HB 517                           
                                                                               
 MARK JOHNSON, President                                                       
 Center for Employment Education                                               
 1049 Whitney Street                                                           
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 279-8451                                                    
 POSITION STATEMENT:  Testified in support of HB 517                           
                                                                               
 JAY N. DELANY, Director                                                       
 Division of Motor Vehicles                                                    
 Department of Public Safety                                                   
 5700 East Tudor Road                                                          
 Anchorage, Alaska  99507-1225                                                 
 Telephone:  (907) 269-5559                                                    
 POSITION STATEMENT:  Testified on HB 517                                      
                                                                               
 JOHN QUARTUCCIO, Division Program Specialist                                  
 Office of Motor Carrier Safety                                                
 Federal Highway Administration                                                
 117 West 4th Avenue                                                           
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 271-4068                                                    
 POSITION STATEMENT:  Testified on HB 517                                      
                                                                               
 PATRICK LOUNSBURY, Legislative Aide                                           
    for Representative Porter                                                  
 Alaska State Legislature                                                      
 State Capitol, Room 118                                                       
 Juneau, AK  99801                                                             
 Telephone: (907) 465-4930                                                     
 POSITION STATEMENT:  Testified on HB 462                                      
                                                                               
 ANNE D. CARPENETI, Assistant Attorney General                                 
 Office of Special Prosecution and Appeals                                     
 Criminal Division                                                             
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, Alaska  99811-0300                                                    
 Telephone:  (907) 465-3428                                                    
 POSITION STATEMENT:  Testified on HB 462                                      
                                                                               
 JERRY SHRINER, Special Assistant                                              
 Office of the Commissioner                                                    
 Department of Corrections                                                     
 240 Main Street, Suite 700                                                    
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-4640                                                    
 POSITION STATEMENT:  Testified on HB 462                                      
 SAM S. KITO, Legislative Liaison/Special Assistant                            
 Office of the Commissioner                                                    
 Department of Transportation and Public Facilities                            
 3132 Channel Drive                                                            
 Juneau, Alaska  99801-7898                                                    
 Telephone:  (907) 465-3904                                                    
 POSITION STATEMENT:  Testified on HCR 29                                      
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-8, SIDE A                                                             
 Number 000                                                                    
                                                                               
 The House Transportation Standing Committee was called to order by            
 Chairman Gary Davis at 1:20 p.m.  Members present at the call to              
 order were Representatives G. Davis, Masek, Brice, Long, and                  
 Williams.  A quorum was present.  This meeting was teleconferenced            
 to Anchorage.                                                                 
                                                                               
 CHAIRMAN GARY DAVIS announced that the agenda was a continuation of           
 HB 517, HB 462 and HCR 29.                                                    
 HB 517 - MOTOR VEHICLES: REGULATION & INSURANCE                             
                                                                               
 Number 087                                                                    
                                                                               
 JUANITA HENSLEY, Chief, Driver Services, Division of Motor Vehicles           
 (DMV), Department of Public Safety, was first to testify.  She said           
 HB 517 is a housekeeping bill which provides some efficiency                  
 measures and brings the state into compliance with the Federal                
 Motor Carriers Act and the Commercial Driver's License Safety Act.            
 She said noncompliance with those two acts would result in federal            
 mandates and sanctions.                                                       
                                                                               
 CHAIRMAN GARY DAVIS checked in with people at the teleconference              
 site in Anchorage who declined to give testimony until the                    
 amendments were raised.                                                       
                                                                               
 Representative James and Representative Sanders joined the                    
 committee meeting at 1:25 p.m.                                                
                                                                               
 Number 370                                                                    
                                                                               
 REPRESENTATIVE JEANETTE JAMES said Amendment 1 relates to truck               
 driving schools.  She said these schools follow rules and                     
 regulations in order to provide student training.  She said there             
 are some schools that are providing training without following                
 those rules and regulations and Amendment 1 supports the schools              
 who are abiding by the law.  She made a motion to move Amendment 1.           
                                                                               
 Number 420                                                                    
                                                                               
 CHAIRMAN GARY DAVIS objected to Amendment 1 for purposes of                   
 discussion.  He said he is reasonably satisfied that in Amendment             
 1, a person who owns a truck can train someone and still be in                
 compliance.  He said Amendment 1 relates specifically to schools.             
                                                                               
 REPRESENTATIVE JAMES cited her personal experience with the                   
 trucking profession and stated her support for truck driving                  
 schools.                                                                      
                                                                               
 Number 608                                                                    
                                                                               
 FRANK DILLON, Executive Director, Alaska Trucking Association,                
 Incorporated, Board Member, Center for Employment Education,                  
 testified via teleconference from Anchorage.  He said he was in               
 favor of HB 517 and Amendment 1.  He said his organization shared             
 Chairman Davis' concern that people who have a casual or a family             
 relationship with someone in the trucking industry would not have             
 the ability to give hints on how to pass the commercial driver's              
 license test.  He said his organization did want to make sure that            
 if there were schools, they would have all the proper credentials,            
 curriculum, and the teaching staff would all be qualified truck               
 drivers.  He added that truck driving has become complex and a                
 difficult environment in which to operate that training is often              
 required.                                                                     
                                                                               
 Number 681                                                                    
                                                                               
 REPRESENTATIVE TOM BRICE referred to his experience in the trucking           
 industry and said a level of consistency in training was needed.              
 He added that the issues involved is one of public safety and that            
 Amendment 1 goes a long way in addressing this issue.                         
                                                                               
 Number 741                                                                    
                                                                               
 CHAIRMAN GARY DAVIS mentioned the technical skills and                        
 technological knowledge needed to operate a truck.                            
                                                                               
 Number 786                                                                    
                                                                               
 MARK JOHNSON, President, Center for Employment Education, testified           
 via teleconference from Anchorage.  He said his organization is in            
 support of Amendment 1.  He said his organization originally                  
 testified before the House Standing Committee on State Affairs and            
 before the House Transportation Committee and he said he did not              
 wish to repeat that testimony.  He said Amendment 1 addresses his             
 organizations concerns.  He said his organization currently runs              
 above the standards set in Amendment 1 and will continue to do so.            
                                                                               
 Number 847                                                                    
                                                                               
 JAY N. DELANY, Director, Division of Motor Vehicles, Department of            
 Public Safety, testified via teleconference from Anchorage.  He               
 said DMV had no objection to Amendment 1 and that it appeared to              
 help them do their job better.                                                
                                                                               
 Number 892                                                                    
                                                                               
 CHAIRMAN GARY DAVIS withdrew his objection to Amendment 1.  Hearing           
 no further objection, Amendment 1 was adopted to HB 517 by the                
 House Standing Committee on Transportation.                                   
                                                                               
 CHAIRMAN GARY DAVIS made a motion to adopt Amendment 2 and added              
 that DMV had no problem with it.  He said there was some concern              
 regarding additions to HB 517 which would cause the bill to lose              
 support and not pass, continuing that state's non-compliance with             
 the federal government.  Hearing no objections Amendment 2 was                
 adopted to HB 517 by the House Standing Committee on                          
 Transportation.                                                               
                                                                               
 Number 999                                                                    
                                                                               
 REPRESENTATIVE BEVERLY MASEK made a motion to adopt Amendment 3.              
 This motion was objected to by CHAIRMAN GARY DAVIS for purposes of            
 discussion.  Representative Masek referred to page seven, line 28,            
 and said Amendment 3 maintains the 300 mile provision rather than             
 reducing it to 150 miles.  She said Senator Jay Kertulla made this            
 provision of 300 miles ten years back and there has been no problem           
 with it.  She questioned why it needed to be fixed now.                       
                                                                               
 REPRESENTATIVE MASEK said most farmers must travel more than 150              
 miles because of the distances involved in the state of Alaska.               
 She again questioned the need to change as there has not caused a             
 problem.  She asked if there was anything on the record for the               
 reason why federal funds would be denied.                                     
                                                                               
 MS. HENSLEY said the 300 mile radius, from the farm to the market,            
 is in violation with the Federal Motor Carrier Act.  She said there           
 is one section, currently in statute, that was changed in 1990 to             
 bring the state of Alaska into compliance.  The section states that           
 if a farmer went more than 150 miles from their farm, and if they             
 drove a vehicle that was identified to meet the commercial vehicles           
 requirement, then those farmers would need a commercial drivers               
 license for that vehicle.  She said, in 1990, this section of the             
 statute did not get changed and the federal government has advised            
 the state that the state is not in compliance with this one                   
 section.                                                                      
                                                                               
 MS. HENSLEY said the proposed change to 150 miles does not mean               
 that farmers cannot drive more than 150 miles, but if they do so              
 they must meet the vehicle safety inspections that everyone else              
 operating commercial vehicles must do.                                        
                                                                               
 MS. HENSLEY said if the statute is not changed to 150 miles, the              
 state will lose the Federal Motor Carrier Safety Assistant Grant              
 Program.  She said, current law says, if farmers drive more than              
 150 miles they must meet the current commercial driver license                
 safety standards.                                                             
                                                                               
 Number 1230                                                                   
                                                                               
 CHAIRMAN GARY DAVIS clarified that the only time that farmers would           
 notice any change in the statute is if they were stopped for a                
 vehicle inspection.                                                           
                                                                               
 Number 1241                                                                   
                                                                               
 REPRESENTATIVE JAMES stated her strong support of farmers in the              
 state.  She stated the problems associated with federal government            
 laws which do not fit the special circumstances of Alaska.  She               
 mentioned the farmers she knew of would not benefit if the radius             
 were left at 300 miles, because the distances they traveled were              
 either less than 150 miles or greater than 300 miles.                         
                                                                               
 Number 1350                                                                   
                                                                               
 CHAIRMAN GARY DAVIS said the 150 mile radius for a farmer driving             
 a truck, over 10,000 pounds or greater, was a safety issue.  He               
 said the 150 mile requirement was a safety factor rather than a               
 convenience factor.                                                           
                                                                               
 Number 1418                                                                   
                                                                               
 REPRESENTATIVE JERRY SANDERS asked when the issue of the 300 mile             
 radius became a problem between the state of Alaska and the federal           
 government.                                                                   
                                                                               
 Number 1440                                                                   
                                                                               
 MS. HENSLEY said this 150 mile provision was included in the                  
 Commercial Vehicle Safety Act passed in 1986.  She said Alaska                
 adopted this act and came into compliance with the commercial                 
 drivers license.  She added there is ongoing compliance                       
 requirements that the state must meet.  She said the federal                  
 government comes back with federal registers yearly or every other            
 year requesting that the state of Alaska meet one more step to keep           
 the federal funds.  She said the federal government gave a "drop-             
 dead deadline" by April 1, 1990, to come in compliance with the               
 Commercial Vehicle Safety Act and the state did so, with the                  
 exception of this oversight regarding the 150 mile radius.  She               
 said the section, Alaska Statute 28.40.100 regarding the                      
 definitions of a commercial vehicle, was changed.                             
                                                                               
 Number 1504                                                                   
                                                                               
 REPRESENTATIVE DON LONG asked what program the state would lose by            
 not coming into compliance with the federal government.                       
 MS. HENSLEY said this program is the Motor Carriers Safety                    
 Assistance Program.  She said this program by the Office of Motor             
 Carriers, Federal Highway Administration, is a grant program that             
 assists the state in carrying out commercial vehicle safety                   
 inspections for vehicles weighing in excess of 10,000 pounds.                 
                                                                               
 Number 1538                                                                   
                                                                               
 MR. DILLON said, in 1991, the state of Alaska knew the 300 mile               
 radius was not going to bring the state into compliance with the              
 Federal Motor Carrier Safety regulations, but Senator Kertulla was            
 insistent that changing the radius would break the back of Alaskan            
 agriculture.  He said the federal government is seriously                     
 considering holding back money if this section is not changed.  He            
 said the Motor Carriers Safety Assistance Program money, that would           
 be lost, is the sole source of funds for Alaska's commercial                  
 vehicle safety program.                                                       
                                                                               
 Number 1580                                                                   
                                                                               
 REPRESENTATIVE MASEK asked what the level of funding is and if the            
 150 mile provision would be the only reason for denial of federal             
 funds.                                                                        
                                                                               
 Number 1586                                                                   
                                                                               
 MS. HENSLEY said the federal fund is approximately $200,000 plus.             
 She said there were several areas of Alaskan law that needed to be            
 addressed to come into compliance with federal law.  She said the             
 150 mile radius is the only provision related to the Commercial               
 Vehicle Safety Inspection Program.  She said the other provisions             
 in the law that relate to federal funding are highway construction            
 funds which would result into a 5 percent to 10 percent sanction of           
 Department of Transportation funding for highway construction.                
 This is an estimated amount of $11 million and $20 million.                   
                                                                               
 MS. HENSLEY said the money lost, because of the 300 mile provision,           
 would be the entire funding for the Alaska State Troopers                     
 commercial vehicle enforcement unit.  She said it would eliminate             
 the State Troopers program for safety inspection of commercial                
 vehicles.                                                                     
                                                                               
 REPRESENTATIVE MASEK asked how and where these other areas, where             
 the state of Alaska is not in compliance, were going to be                    
 addressed.                                                                    
                                                                               
 CHAIRMAN GARY DAVIS said this is an issue of fine tuning the state            
 laws and, in doing so, these small provisions are caught and                  
 adjusted with legislation.                                                    
                                                                               
 JOHN QUARTUCCIO, Division Program Specialist, Office of Motor                 
 Carrier Safety, Federal Highway Administration, testified via                 
 teleconference from Anchorage.  He said the federal government has            
 been quite patient with the state of Alaska, waiting over three to            
 four years for the state to come into compliance.  He said the 300            
 mile radius is, currently, the only variance that threatens the               
 Motor Carrier Safety Assistance funding.  She said the $200,000               
 figure is 50 percent of the funding that would be denied the first            
 year.  He said a total of $400,000, plus some incidental incentives           
 that the Alaska State Troopers receives, are at risk if the state             
 remains out of compliance with the federal government.                        
                                                                               
 Number 1827                                                                   
                                                                               
 A roll call vote was taken on Amendment 3.  Representative Masek              
 voted yea.  Representatives Davis, Williams, James, Brice, Sanders,           
 and Long voted nay.  Amendment 3 failed to be adopted by the House            
 Standing Committee on Transportation.                                         
                                                                               
 CHAIRMAN GARY DAVIS pointed out that there were two other attempts            
 to get exceptions, due to the special circumstances here in Alaska,           
 and said an exemption can be attempted again.  He said it is                  
 important to insert a 150 mile provision to prevent the loss of               
 funding.                                                                      
                                                                               
 REPRESENTATIVE JAMES said she would check on the 150 mile provision           
 and whether or not it would hurt farmers.  She said if she finds              
 that it is a problem, she will address her concerns at the House              
 Judiciary Committee meeting.                                                  
                                                                               
 Number 1877                                                                   
                                                                               
 CHAIRMAN GARY DAVIS mentioned that he had a farmer in his area, who           
 addressed the 150 mile provision as well as the truck weight as a             
 matter of concern to him.  He said, to make those changes in HB               
 517, it would create a fiscal note, because there are revenues that           
 are being derived from farm vehicles over 16,000 pounds.  He said             
 an attached fiscal note might jeopardize the success of this                  
 legislation.                                                                  
                                                                               
 Number 1925                                                                   
                                                                               
 REPRESENTATIVE BILL WILLIAMS made a motion to move the amended CSHB           
 517 (TRA) with individual recommendations and fiscal note.  Hearing           
 no objections CSHB 517 (TRA) was moved from the House Standing                
 Committee on Transportation.                                                  
 HB 462 - DRUNK DRIVING: EVIDENCE & SENTENCING                               
                                                                               
 Number 1970                                                                   
                                                                               
 PATRICK LOUNSBURY, Legislative Aide for Representative Porter               
 testified on HB 462.  He said last year, when the Driving While               
 Intoxicated (DWI) laws were passed, "the law was inadvertently                
 changed that required the court to impose the entire remaining                
 suspended sentences for those persons who failed to complete their            
 rehab authorized by the court.  Under HB 462 the court would have             
 the discretion to impose, either all or part, of the remaining                
 sentence."  He said this discretion is a useful tool the court can            
 use to encourage defendants to return to treatment.  He said                  
 surveys have shown that people are usually not successful their               
 first time through rehabilitation treatment, and that it usually              
 takes two or three sessions to successfully complete a treatment.             
                                                                               
                                                                               
 Number 2030                                                                   
                                                                               
 MR. LOUNSBURY said the second portion of HB 462 allows hearsay                
 evidence of prior convictions to be used before the grand juries              
 with DWI and refusal to take the breath test.  He said, currently,            
 the grand jury must convene within ten days of an arrest and if a             
 prior conviction occurs in another state it is difficult to get the           
 original documentation from another state.  He said HB 462 would              
 allow the courts to contact the other jurisdiction and have the               
 defendant's record or a certified document be included as evidence.           
 "Upon sentencing though, you would have to have the original                  
 document, as it is now."                                                      
                                                                               
 MR. LOUNSBURY said hearsay evidence can also consist of statements            
 and observations made by peace officers in the course of                      
 investigation.                                                                
                                                                               
 MR LOUNSBURY said the third part of HB 462, amends the rules of               
 criminal procedure.  He said, "to proceed with sentencing,                    
 (indiscernible) a presentence report, unless a presentence report             
 would apply."  He said in most cases, a first offense DWI, is                 
 someone who doesn't have a prior record and a presentence report              
 would not be needed.  He said defendants in these cases have been             
 fairly and efficiently sentenced without a presentence report for             
 many years.  He said the expense and time preparing these reports             
 is not usually justified unless certain circumstance apply.                   
                                                                               
 Number 2186                                                                   
                                                                               
 ANNE D. CARPENETI, Assistant Attorney General, Office of Special              
 Prosecution and Appeals, Criminal Division, Department of Law, was            
 next to testify.  She said the Department of Law supports HB 462.             
 She said the legislature last year passed a law that made a third             
 DWI conviction a felony if committed within a three year period.              
 She said it was an oversight, when the provision was passed, that             
 required the court to impose the entire remaining suspended                   
 sentence for failure to complete the alcohol program.  She                    
 reiterated that this can be a useful tool in ensuring compliance by           
 the defendant in receiving treatment.                                         
                                                                               
 Number 2292                                                                   
                                                                               
 REPRESENTATIVE TOM BRICE made a motion to move Amendment 1.                   
 CHAIRMAN GARY DAVIS objected to Amendment 1 for purposes of                   
 discussion.  Representative Brice said it was brought to his                  
 attention that in Fairbanks the courts allow defendants to pick and           
 choose between the various drug and alcohol treatment programs.  He           
 said, considering the amount of money that the state puts into the            
 Alcohol Safety Action Programs (ASAP), it is important that the               
 courts request that the defendants go to these programs.  He said             
 the precise verbiage of Amendment 1 is different than that in                 
 regards to the Fairbanks Native Association, and there is no actual           
 language within the statutes that he could reference.  He                     
 reiterated that it is important that the courts recognize ASAP.               
                                                                               
 Number 2366                                                                   
                                                                               
 REPRESENTATIVE JAMES said, in Anchorage, ASAP is a state run                  
 program and the court refers people with DWI offenses to them for             
 an evaluation.  After the evaluation, the offenders can go anywhere           
 they want to go for treatment.  She said in Fairbanks, the FNA                
 receives a grant to operate ASAP, but the courts do not necessarily           
 refer offenders to FNA in Fairbanks.  She said ASAP and FNA                   
 document the completion of treatment and that other treatment                 
 facilities do not have the same documentation procedures.  She said           
 without this documentation the courts are not able to verify the              
 treatment requirement.                                                        
                                                                               
 REPRESENTATIVE JAMES said Amendment 1 requires documentation of a             
 person's compliance.  She questioned whether there was any other              
 treatment centers that were doing an evaluation before the offender           
 went through the rehabilitative program.                                      
                                                                               
 Number 2467                                                                   
                                                                               
 CHAIRMAN GARY DAVIS said, it appeared that in both Anchorage and              
 Fairbanks, where the person sought treatment was under the                    
 discretion of the judges.  He asked whether Amendment 1 would                 
 clarify that and suggested that Amendment 1 should read the,                  
 "courts should refer a person," rather than the, "agencies should             
 refer a person."                                                              
                                                                               
 Number 023                                                                    
                                                                               
 REPRESENTATIVE JAMES stated that documentation should be made                 
 available to assure the courts that the offender has completed the            
 treatment.  She said there are several programs offering this                 
 service in Fairbanks and said that not all of these programs do a             
 screening evaluation program, just a treatment program.  She said             
 there are controversial treatment methods and cited an example of             
 a person who was attempting to teach people to drink in moderation.           
 She said no one is following through with providing documentation             
 of whether or not the offender has completed the treatment program.           
 She said sometimes offenders follow through with a program and then           
 the courts say they have not completed the treatment due to the               
 lack of documentation.                                                        
                                                                               
 Number 084                                                                    
                                                                               
 CHAIRMAN GARY DAVIS said there are discrepancies in the law                   
 regarding documentation, but added that he wasn't sure that                   
 Amendment 1 addressed these concerns.  He said he would be willing            
 to write a letter to the sponsor of HB 462, Chairman Porter, House            
 Standing Judiciary Committee regarding this issue.                            
                                                                               
 Number 119                                                                    
                                                                               
 MR. LOUNSBURY said the issue raised is a problem and added that               
 ASAP is a good program that works in some areas of the state.  He             
 said Amendment 1 was brought to Chairman Porter last week.  He said           
 HB 462 was designed to correct the oversights from last years                 
 legislation and that there wasn't enough time to incorporate this             
 issue into HB 462.                                                            
                                                                               
 Number 187                                                                    
                                                                               
 REPRESENTATIVE BRICE said, when reading through all of Amendment 1,           
 he believed the word agency referred back to the court.  He said if           
 he felt that if the issue would be addressed in the House Judiciary           
 Committee, he would withdraw Amendment 1.  He said he believed                
 Amendment 1 would incorporate itself easily within HB 462.                    
                                                                               
 Number 238                                                                    
                                                                               
 REPRESENTATIVE WILLIAMS supported the suggestion of sending a                 
 letter of intent from the House Transportation Committee, along               
 with HB 462, when it is moved to the House Judiciary Committee.               
                                                                               
 Number 253                                                                    
                                                                               
 CHAIRMAN GARY DAVIS said, with the consent of the House                       
 Transportation Committee, he would draft a letter and send it to              
 Chairman Porter.  He said Amendments added during the committee               
 process are important and worthwhile to various legislation.                  
                                                                               
 There was a discussion about whether a roll call vote should be               
 taken on Amendment 1 as a vote on Amendment 1 would conflict with             
 the proposed letter to Chairman Porter.  Representative Brice                 
 withdrew Amendment 1.                                                         
                                                                               
 Number 385                                                                    
                                                                               
 JERRY SHRINER, Special Assistant, Office of the Commissioner,                 
 Department of Corrections, said the Department of Corrections put             
 in a negative fiscal note with HB 462.  He said last years                    
 legislation, HB 159, required the use of funds for presentence                
 investigations, as is required in every felony case.  He said                 
 because HB 159 did not come into effect until January of 1996, the            
 fiscal note for HB 159 was cut in half.  The affect of HB 159 was             
 that five positions were funded for half of the year.  He said HB             
 462 would reduce the required presentence investigations, thereby             
 reducing the number of probation officers doing those                         
 investigations by two.  He said the Department of Corrections added           
 a note to the fiscal note stating that the decrement assumes that             
 the five positions and funding related to HB 159 are annualized and           
 will be funded in fiscal year 1997 without the passage of HB 462.             
 He concluded that HB 462 will allow the Department of Corrections             
 to do less work and eliminate two positions.                                  
                                                                               
 Number 486                                                                    
                                                                               
 REPRESENTATIVE WILLIAMS made a motion to move HB 462 with the                 
 letter of intent by the committee, attached fiscal notes and                  
 individual recommendations.  Hearing no objection HB 462 was moved            
 from the House Standing Committee on Transportation.                          
 HCR 29 - STUDENT CONTEST TO NAME NEW FERRY                                  
                                                                               
 Number 522                                                                    
                                                                               
 REPRESENTATIVE WILLIAMS, sponsor of HCR 29, read a statement into             
 the record, "HCR was introduced to encourage the participation of             
 elementary students across the state in naming the new Alaska                 
 Marine Highway vessel.                                                        
                                                                               
 Vessels of the Alaska Marine Highway System are, by law, required             
 to be named after glaciers in the state.  With the introduction of            
 this resolution I hope to involve the elementary students of Alaska           
 in this process.  This will give teachers in the state a vehicle to           
 implement lessons about transportation systems in the state,                  
 geography of the state and the legislative process.                           
                                                                               
 The information contained in the resolution outlines the importance           
 of the Alaska Marine Highway to the state economy.  The christening           
 of a new vessel illustrates the continuing dedication to the system           
 by the state.  Because the Alaska Marine Highway impacts the                  
 economy of the entire state, I believe it is important to involve             
 the entire state in the naming of this vessel.  I encourage you to            
 support this legislation."                                                    
                                                                               
 REPRESENTATIVE WILLIAMS made a motion to adopt proposed Amendment             
 1.                                                                            
                                                                               
 REPRESENTATIVE LONG objected for purposes of discussion and asked             
 whether Amendment 1 would require the addition of a fiscal note.              
 REPRESENTATIVE  WILLIAMS deferred the question to Mr. Kito.                   
                                                                               
 Number 606                                                                    
                                                                               
 SAM S. KITO, Legislative Liaison/Special Assistant, Office of the             
 Commissioner, Department of Transportation and Public Facilities              
 (DOT/PF), testified on HCR 29.  He said the DOT/PF felt that giving           
 one free passage to one person would not have any appreciable                 
 fiscal impact.                                                                
                                                                               
 Number 623                                                                    
                                                                               
 REPRESENTATIVE BRICE questioned the fiscal impact on a student from           
 Barrow winning the contest.                                                   
                                                                               
 MR. KITO said that DOT/PF could assume those fiscal costs.                    
                                                                               
 The objection to Amendment 1 was withdrawn.  Hearing no further               
 objection Amendment 1 was adopted into HCR 29 by the House Standing           
 Committee on Transportation.                                                  
                                                                               
 REPRESENTATIVE JAMES made a motion to move CSHCR 29 (TRA) with                
 individual recommendations and zero fiscal note.  Hearing no                  
 objections CSHCR 29 (TRA) was moved from the House Standing                   
 Committee on Transportation.                                                  
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to come before the House Standing             
 Committee on Transportation, Chairman Gary Davis adjourned the                
 meeting at 2:25 p.m.                                                          
                                                                               
                                                                               

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