Legislature(1993 - 1994)
04/26/1993 09:17 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
MINUTES SENATE FINANCE COMMITTEE April 26, 1993 9:17 a.m. TAPES SFC-93, #70, Side 1 (150-end) SFC-93, #70, Side 2 (end-050) CALL TO ORDER Senator Drue Pearce, Co-chair, convened the meeting at approximately 9:17 a.m. PRESENT In addition to Co-chair Pearce, Senators Jacko, Kelly, Rieger, and Sharp were present. Senators Kerttula and Frank arrived while the meeting was in progress. ALSO ATTENDING: Representative Gail Phillips; Chris Christensen, Staff Counsel, Court System, Administration, Judicial Branch; Juanita Hensley, Chief, Driver Services, Division of Motor Vehicles, Department of Public Safety; John Abshire, Deputy Commissioner, Department of Labor; Mike Greany, Director, and Nancy Slagle, Fiscal Analysts, Legislative Finance Division; and aides to committee members. SUMMARY INFORMATION CSHB 67(FIN) - An Act relating to eligibility for and payments of (efd fld) public assistance. Scheduled but not heard. SCSHB 178 - An Act adding children under the age of 21 who are (HES) eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date. Senator Rieger MOVED to ADOPT SCSHB 178(HES). No objections being raised, it was ADOPTED and REPORTED OUT of committee with six fiscal note for DH&SS: #270 - $55.8; #229 - $1,165.7; #229 - $35.4; #230 -$499.6; #243 - $25.1; #252 - +$35.4. Co-chairs Frank and Pearce, Senators Kelly, Jacko, Rieger and Sharp signed "do pass." Senator Kerttula was temporarily absent from the meeting and did not sign. CSHB 151 - An Act relating to payment by indigent persons for (FIN) services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date. SCSCSHB 151(FIN) work draft "O" was ADOPTED. Testimony was heard by Chris Christensen, Staff Counsel, Court System, Administration, Judicial Branch. SCSCSHB 151(FIN) work draft "O" was REPORTED OUT of committee. Later in the meeting the committee RESCINDED its action. Discussion was had by Senators Rieger, Frank and Mr. Christensen. Co-chair Frank MOVED to ADOPT CSHB 151(FIN). No objections being raised, CSHB 151(FIN) was ADOPTED and REPORTED OUT of committee with two zero fiscal notes for the Dept. of Administration, #1631 and #43, and a zero fiscal note for the Alaska Court System, and a fiscal note for the Dept. of Law with a revenue of +$500.0. Co-chairs Frank and Pearce, Senators Kelly, Jacko and Sharp signed "do pass." Senators Rieger and Kerttula signed a "no recommendation." SCSCSHB 102 - An Act relating to the Alaska Labor Relations (L&C) Agency; and providing for an effective date. Testimony was heard from John Abshire, Deputy Commissioner, Department of Labor. SCSCSHB 102(L&C) was REPORTED OUT of committee with a "do pass," and a zero fiscal note for the Dept. of Labor. Co-chairs Frank and Pearce, Senators Rieger, Jacko, Kelly, and Sharp signed "do pass." Senator Kerttula signed "no recommendation." HJR 11 - Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. Testimony was heard in support of HJR 11 from Representative Gail Phillips, prime sponsor. Senators Kerttula, Frank, Rieger and Kelly also spoke in support. HJR 11 was REPORTED OUT of committee with a "do pass." All members present signed "do pass." (Senator Frank was temporarily absent from the meeting and did not sign.) CSSB 99(JUD) - An Act relating to the powers, duties, financial administration, and operations of certain state agencies, including the duration and renewal of licenses issued by the Alcoholic Beverage Control Board, duties of and fees charged by the office of public advocacy, student loan fees, compensation of hunting and fishing license vendors, Department of Labor fees and licensing periods, police standards fees, motor vehicle registration and insurance and the definition of `vehicle', program receipts accounting, risk management administration, receipt of donations and charging of fees by the Department of Natural Resources, coverage of persons under Medicaid, and revising the order of priority for coverage of optional medical services under Medicaid; amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date. CSSB 99(FIN) work draft "O" dated April 26, 1993 was ADOPTED. Amendments 11 through 14 and a letter of intent was ADOPTED. CSSB 99(FIN) work draft "O" as amended with seventeen fiscal notes was REPORTED OUT of committee with a "do pass." Co-chairs Frank and Pearce, Senators Rieger, Jacko and Sharp signed "do pass." Senators Kelly and Kerttula signed "no recommendation." SENATE CS FOR HOUSE BILL NO. 178(HES): An Act adding children under the age of 21 who are eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date. CO-CHAIR DRUE PEARCE announced that SCSHB 178(HES) was before the committee and asked Senator Rieger to speak to the bill. SENATOR STEVE RIEGER spoke in support of the bill and MOVED for passage of SCSHB 178(HES) from committee with individual recommendations with accompanying fiscal notes. No objections being heard, it was REPORTED OUT of committee with a "do pass," and with six fiscal note for the Department of Health & Social Services: #270 - $55.8; #229 - $1,165.7; #229 - $35.4; #230 -$499.6; #243 - $25.1; #252 - +$35.4. Co-chairs Frank and Pearce, Senators Kelly, Jacko, Rieger and Sharp signed "do pass." Senator Kerttula was temporarily absent from the meeting and did not sign. CS FOR HOUSE BILL NO. 151(FIN): An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date. CO-CHAIR STEVE FRANK MOVED for adoption of SCSCSHB 151(FIN) work draft "O". No objections being heard, it was ADOPTED. Co-chair Frank said the Supreme Court was in support of this version of the bill. It provided for reimbursement to the state for the cost of public defenders by those persons receiving the service. CHRIS CHRISTENSEN, Staff Counsel, Court System, Administration, Judicial Branch, confirmed that HB 151 was introduced at the request of the Supreme Court. He explained that when a person is charged with a crime, they are entitled to an attorney. Up until 1990, a person's indigencey was determined at the time the lawyer was appointed. The fact that the person might have a future income was not taken into consideration. In 1990, the Alaska Supreme Court found that other states which give a person a free public defender, may charge the person out of future earnings. This process was upheld in the U.S. Supreme Court in 1974. He went on to explain that this bill did away with a three year moratorium. The original bill said that any person, convicted or not, would be ordered to repay the cost of their public defender representation but in the House version a person would only have to pay if they were convicted. In this Senate version, SCSCSHB 151(FIN) any person, convicted or not, would be ordered to repay costs. Senator Frank MOVED for passage of SCSCSHB 151(FIN) work draft "O" from committee with individual recommendations and accompanying fiscal notes. No objections being heard, it was REPORTED OUT of committee with a "do pass." Later in the meeting, Co-chair Frank MOVED to RESCIND prior committee action reporting out of committee SCSCSHB 151(FIN). No objections being heard, prior action was RESCINDED. Co-chair Pearce announced that CSHB 151(FIN) was before the committee. Co-chair Frank invited Mr. Christensen to rejoin the members at the table. In answer to Co-chair Frank, Mr. Christensen said that CSHB 151(FIN) would only apply to persons convicted but would still do away with the three year moratorium. Co-chair Frank MOVED for adoption of CSHB 151(FIN). Senator Rieger OBJECTED for discussion purposes. Senator Rieger asked if the bill would only apply to criminal cases. Mr. Christensen said that the bill only applied to court appointed public defenders for criminal cases. Senator Rieger REMOVED his objection. No further objections being heard, it was ADOPTED. Co-chair Frank MOVED for passage of CSHB 151(FIN) from committee with individual recommendations and accompanying fiscal notes. No objections being heard, it was REPORTED OUT with a "do pass" and with two zero fiscal notes for the Department of Administration, #1631 and #43, a zero fiscal note for the Alaska Court System, and a fiscal note for the Department of Law with a revenue of +$500.0. Co-chairs Frank and Pearce, Senators Kelly, Jacko and Sharp signed "do pass." Senators Rieger and Kerttula signed "no recommendation." SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C): An Act relating to the Alaska Labor Relations Agency; and providing for an effective date. JOHN ABSHIRE, Deputy Commissioner, Department of Labor, said that SCSCSHB 102(L&C) would add another three member panel to the existing three member panel of the Alaska Labor Relations Agency. This would enable the board to hear the cases in a more timely manner. The Governor will appoint the chair of the board from one of the public members. He noted that a zero fiscal note for the Department of Labor accompanied the bill. In answer to Co-chair Pearce's question regarding the zero fiscal note, Mr. Abshire said that the case load for the board would remain the same. Senator Rieger MOVED for passage of SCSCSHB 102(L&C) with individual recommendations and the accompanying fiscal note. No objections being heard, it was REPORTED OUT with a "do pass" and a zero fiscal note for the Department of Labor. Co-chairs Frank and Pearce, Senators Rieger, Jacko, Kelly, and Sharp signed "do pass." Senator Kerttula signed "no recommendation." HOUSE JOINT RESOLUTION NO. 11: Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. REPRESENTATIVE GAIL PHILLIPS, prime sponsor of HJR 11, said that the resolution would allow the legislature to repeal regulations. She said that there was support for this resolution around the state. Senators Kerttula, Rieger, and Kelly spoke in support of HJR 11. Representative Phillips said there was a need to educate the public and that a commitment had been received from the Lt. Governor that the question placed on the ballot would be worded so it could be more easily understood by the general public. Senator Kerttula MOVED for passage of HJR 11 from committee with its accompanying fiscal note. No objections being heard, it was REPORTED OUT with a "do pass" and a fiscal note for the Department of Elections in the amount of $2.2. All members present signed "do pass." (Senator Frank was temporarily absent from the meeting and did not sign.) CS FOR SENATE BILL NO. 99(JUD): An Act relating to the powers, duties, financial administration, and operations of certain state agencies, including the duration and renewal of licenses issued by the Alcoholic Beverage Control Board, duties of and fees charged by the office of public advocacy, student loan fees, compensation of hunting and fishing license vendors, Department of Labor fees and licensing periods, police standards fees, motor vehicle registration and insurance and the definition of `vehicle', program receipts accounting, risk management administration, receipt of donations and charging of fees by the Department of Natural Resources, coverage of persons under Medicaid, and revising the order of priority for coverage of optional medical services under Medicaid; amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date. Co-chair Pearce announced that CSSB 99(FIN) work draft "O" was before the committee. She said that section 74 on page 23 had been added providing for temporary fees in state parks. It would temporarily raise admission fees for visitor centers or historic sites to $5 for anyone over ten years of age. After regulations are written the division would bring the fees to the national average. Discussion was held by Co-chairs Frank, Pearce and Senator Kelly regarding admission fees. Co-chair Pearce outlined other changes to CSSB 99(FIN). Senator Kelly MOVED an amendment to section 74, page 23, adding the words "up to" before the words "$5 for each person..." No objections being heard, it was ADOPTED. Senator Sharp MOVED for adoption of amendment 11 as amended (copy on file). Co-chair Frank questioned the Department of Public Safety regarding the impact of amendment 11 on law enforcement. JUANITA HENSLEY, Chief, Driver Services, Division of Motor Vehicles, Department of Public Safety, said she had not been able to speak to the Commissioner regarding the impact of amendment 11 on law enforcement. She said that if the plate requirement was reduced to one plate it would save the department approximately $60.0 a year. Senator Kelly questioned this amendment as a policy change. Senator Sharp agreed to rescind this amendment on the floor if it was found to impact law enforcement. Discussion was had by Senators Frank, Rieger and Kelly regarding amendment 11. Recess 9:50am Reconvene 11:00am Co-chair Pearce announced that amendment 11 was before the committee. Senator Sharp said that an answer had not arrived from the Department of Public Safety regarding their support of the amendment. Senator Kelly maintained his OBJECTION to amendment 11. Co-chair Pearce called for show of hands and the amendment was ADOPTED on a vote of 5 to 1. (Senators Frank, Pearce, Jacko, Sharp and Rieger voted in support. Senator Kelly was opposed. Senator Kerttula was temporarily absent from the meeting and did not vote.) Co-chair Frank MOVED for adoption of amendment 12 (copy on file). No objections being heard, it was ADOPTED. Senator Jacko MOVED for adoption of amendment 13 (copy on file). No objections being heard, it was ADOPTED. Senator Kelly MOVED for adoption of conceptual amendment 14 (copy on file). No objections being heard, it was ADOPTED. End SFC-93 #70, Side 1 Begin SFC-93 #70, Side 2 Senator Rieger MOVED for adoption of a letter of intent as amended. No objections being heard, it was ADOPTED. Co-chair Pearce noted that section 33 would change a court rule and would require a two-thirds vote on the floor. If the bill does not pass the floor, section 33 could be voted on separately. Senator Rieger MOVED for passage of CSSB 99(FIN) as amended from committee with individual recommendations and accompanying fiscal notes. CSSB 99(FIN) as amended with seventeen fiscal notes (copies on file) was REPORTED OUT of committee with a "do pass." Co-chairs Frank and Pearce, Senators Rieger, Jacko and Sharp signed "do pass." Senators Kelly and Kerttula signed "no recommendation." ADJOURNMENT The meeting was adjourned at approximately 11:15 a.m.
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