Legislature(2007 - 2008)SENATE FINANCE 532

03/29/2008 10:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 19 LTD. DRIVER'S LICENSES/IGNITION INTERLOCK TELECONFERENCED
Heard & Held
+ HB 75 DRIVERS LICENSE: ALCOHOL AWARENESS/MINOR TELECONFERENCED
Heard & Held
+ HB 373 SCHOOL BOND DEBT REIMBURSEMENT TELECONFERENCED
Heard & Held
+ HB 338 POWER PROJECT FUND/BULK FUEL LOAN FUND TELECONFERENCED
Moved SCS CSHB 338(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 233 UNCLAIMED PHONE/ELEC COOP DISTRIBUTIONS
Moved SCS CSHB 233(FIN) Out of Committee
                  SENATE FINANCE COMMITTEE                                                                                      
                       March 29, 2008                                                                                           
                         10:09 a.m.                                                                                             
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate  Finance Committee meeting                                                                   
to order at 10:09:49 AM.                                                                                                      
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Charlie Huggins, Vice-Chair                                                                                             
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
Senator Fred Dyson                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Derek Miller,  Staff, Representative Mike Kelly;  Eddy Jeans,                                                                   
Director,   Education   Support   Services,   Department   of                                                                   
Education and Early Development;  Representative Kevin Meyer,                                                                   
Sponsor; Mike  Pawlowski, Staff, Representative  Kevin Meyer;                                                                   
Narda  Butler,   Douglas;  Rodney  Hebert,   Tanana;  Whitney                                                                   
Brewster,    Director,    Division   of    Motor    Vehicles;                                                                   
Representative  Jay  Ramras, Sponsor;  Jane  Pierson,  Staff,                                                                   
Representative  Jay   Ramras;  Representative   Mary  Nelson,                                                                   
Sponsor; Del Conrad, CEO, Rural Alaska Fuel Services (RAFS)                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Dan  Bockhorst,  Manager, Ketchikan  Gateway  Borough;  Julie                                                                   
Clements, Director  of State Legislative Affairs,  MADD; Dale                                                                   
Fox,  President, CEO,  CHARR; Diane  Casto, Section  Manager,                                                                   
Prevention  and  Early  Intervention   Section,  Division  of                                                                   
Behavior Health,  Department of  Health and Social  Services;                                                                   
Dale  Fox,   President,  CHARR;  Sarah  Fisher-Goad,   Deputy                                                                   
Director of  Operations, Alaska Energy Authority,  Department                                                                   
of Commerce, Community and Economic Development                                                                                 
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SCS CSHB 233(L&C)                                                                                                               
          "An Act relating to giving notice of unclaimed net                                                                    
          margin distributions made by electric and                                                                             
          telephone cooperatives."                                                                                              
                                                                                                                                
          SCS CSHB  233 (FIN)  was REPORTED out  of Committee                                                                   
          with  a "do  pass" recommendation  and with  fiscal                                                                   
          note  #2 by the  Department of Commerce,  Community                                                                   
          and Economic Development.                                                                                             
                                                                                                                                
HB 373    "An Act extending specified public school bond                                                                        
          debt reimbursement;  and providing for an effective                                                                   
          date."                                                                                                                
                                                                                                                                
          SCS HB  373 (FIN) was  HEARD and HELD  in Committee                                                                   
          for further consideration.                                                                                            
                                                                                                                                
SCS CSHB 19(JUD)                                                                                                                
          "An Act relating to  ignition interlock devices; to                                                                   
          limited   driver's  license   privileges;  and   to                                                                   
          ignition   interlock   limited   driver's   license                                                                   
          privileges."                                                                                                          
                                                                                                                                
          SCS CSHB  19 (JUD) was HEARD and HELD  in Committee                                                                   
          for further consideration.                                                                                            
                                                                                                                                
CSHB 75(STA)                                                                                                                    
          "An  Act  relating  to  driver's  licenses  and  to                                                                   
          alcohol and drug awareness and safety testing."                                                                       
                                                                                                                                
          CSHB  75(STA) was heard  and HELD in  Committee for                                                                   
          further consideration.                                                                                                
                                                                                                                                
CSHB 338(FIN)                                                                                                                   
          "An Act relating to  the bulk fuel bridge loan fund                                                                   
          and program, power project  fund, and the bulk fuel                                                                   
          revolving loan fund;  authorizing the Alaska Energy                                                                   
          Authority  to borrow money  from the power  project                                                                   
          fund for  the bulk fuel revolving loan  fund and to                                                                   
          repay   money  borrowed;   and  providing   for  an                                                                   
          effective date."                                                                                                      
                                                                                                                                
          CSHB 338  (FIN) was REPORTED out of  Committee with                                                                   
          a  "do pass"  recommendation and  with zero  fiscal                                                                   
          note  #1 by the  Department of Commerce,  Community                                                                   
          and Economic  Development, and with fiscal  note #2                                                                   
          by  the  Department   of  Commerce,  Community  and                                                                   
          Economic Development.                                                                                                 
                                                                                                                                
10:10:11 AM                                                                                                                   
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 233(L&C)                                                                                  
                                                                                                                                
     "An Act relating to giving notice of unclaimed net                                                                         
     margin distributions made by electric and telephone                                                                        
     cooperatives."                                                                                                             
                                                                                                                                
DEREK MILLER,  STAFF, REPRESENTATIVE  MIKE KELLY,  provided a                                                                   
brief  overview of  SCS  CSHB  233.   He explained  that  the                                                                   
provision  would  allow  utility   cooperatives  to  use  the                                                                   
internet to inform members of any capital credit due.                                                                           
                                                                                                                                
10:13:05 AM                                                                                                                   
                                                                                                                                
In response  to Senator Dyson,  Mr. Miller said  he contacted                                                                   
the director of the Permanent  Fund Dividend Division and was                                                                   
informed  that the  Division could  not  provide the  address                                                                   
lists to the electric utilities.                                                                                                
                                                                                                                                
Senator Dyson reported that his  staff uses the Alaska Voters                                                                   
List.                                                                                                                           
                                                                                                                                
10:15:06 AM                                                                                                                   
                                                                                                                                
Senator Dyson offered a conceptual  amendment on page 1, line                                                                   
12, to  allow the use  of the Alaska's  Voter list  to locate                                                                   
persons owed a refund.                                                                                                          
                                                                                                                                
Co-Chair  Stedman OBJECTED  for purposes  of discussion.   He                                                                   
restated the conceptual amendment.                                                                                              
                                                                                                                                
Co-Chair  Stedman WITHDREW  his  OBJECTION.   There being  NO                                                                   
further OBJECTION, the conceptual amendment was adopted.                                                                        
                                                                                                                                
10:16:16 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  MOVED to REPORT  SCS CSHB 233 (FIN)  out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
SCS CSHB 233 (FIN)  was REPORTED out of Committee  with a "do                                                                   
pass"  recommendation   and  with  fiscal  note   #2  by  the                                                                   
Department of Commerce, Community and Economic Development.                                                                     
                                                                                                                                
10:17:16 AM                                                                                                                   
                                                                                                                                
HOUSE BILL NO. 373                                                                                                            
                                                                                                                                
     "An Act extending specified public school bond debt                                                                        
     reimbursement; and providing for an effective date."                                                                       
                                                                                                                                
Co-Chair Hoffman MOVED to ADOPT SCS HB 373, labeled 25-                                                                         
LS13040/C, Mischel, 3/24/08, as the working document.                                                                           
                                                                                                                                
Co-Chair Stedman OBJECTED for purposes of discussion.                                                                           
                                                                                                                                
10:18:07 AM                                                                                                                   
                                                                                                                                
EDDY JEANS, DIRECTOR, EDUCATION  SUPPORT SERVICES, DEPARTMENT                                                                   
OF  EDUCATION  AND  EARLY  DEVELOPMENT,  explained  that  the                                                                   
Committee Substitute  for HB 373 amends AS  14.11.008(b), the                                                                   
participating  share for  school districts  to address  major                                                                   
maintenance  and school  construction  programs. He  informed                                                                   
the committee  that the table  was set into statute  in 1993.                                                                   
Since then, property values have  increased around the state.                                                                   
The Alaska Municipal  League requested that the  state update                                                                   
the table to reflect increases in property values.                                                                              
                                                                                                                                
Co-Chair Stedman WITHDREW his OBJECTION.                                                                                        
                                                                                                                                
There being NO further OBJECTION, 25-LS13040/C was adopted.                                                                     
                                                                                                                                
10:21:02 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER, SPONSOR,  explained that  HB 373                                                                   
extends  the   sunset  of  the   current  school   bond  dept                                                                   
reimbursement  program from  November 2008,  to November  30,                                                                   
2010.   Projects  on the  Department of  Education and  Early                                                                   
Development  approved list  would still  be reimbursed  at 70                                                                   
percent; other  projects would  be reimbursed at  60 percent.                                                                   
The State of Alaska's school bond  debt reimbursement program                                                                   
is  an  important partnership  between  communities  and  the                                                                   
state,  where each  shares a portion  of the  cost of  school                                                                   
construction.   He  underlined that  without this  assistance                                                                   
many  municipalities  would  not  be able  to  afford  school                                                                   
construction costs.                                                                                                             
                                                                                                                                
Co-Chair Hoffman  felt there should  be a long-term  solution                                                                   
for  what  the  provision  addresses.     He  emphasized  the                                                                   
importance  of urban  and rural  schools being  funded on  an                                                                   
equitable basis.                                                                                                                
                                                                                                                                
Representative Meyer agreed with Co-Chair Hoffman.                                                                              
                                                                                                                                
10:24:33 AM                                                                                                                   
                                                                                                                                
DAN BOCKHORST,  MANAGER, KETCHIKAN GATEWAY  BOROUGH testified                                                                   
via teleconference  in support  of the bill.   He  noted that                                                                   
when the  current  law was enacted  in 1993,  it reflected  a                                                                   
rational   public  policy   choice   that  municipal   school                                                                   
districts with  greater fiscal resources should  pay a higher                                                                   
share of local  major maintenance costs.  He  explained that,                                                                   
since then,  inflation has increased  at 42 percent  over the                                                                   
past  15 years,  and the  decline in  student enrollment  has                                                                   
increased significantly.   Due  to these factors,  both urban                                                                   
and rural districts have suffered unintended consequences.                                                                      
                                                                                                                                
Mr. Bockhorst  provided an  example: Kluwock  has had  a six-                                                                   
fold increase  in its major  maintenance cost share  over the                                                                   
past 15  years.  Initially, Kluwock  paid 5 percent  of major                                                                   
maintenance  costs.   Currently,  the local  share  is at  30                                                                   
percent.    For  the  past 14  years  Ketchikan  has  had  to                                                                   
shoulder the  same 30 percent  share that Kluwock  now faces.                                                                   
Ketchikan will  still pay major maintenance costs  unless the                                                                   
CS is passed.   The increase  facing Ketchikan is not  due to                                                                   
an increase  in its  tax base,  it is due  to the decline  in                                                                   
student enrollment  - more  that 16 percent  since 1993.   If                                                                   
moderate relief is granted through  the CS, local governments                                                                   
will  continue to  shoulder a  substantial burden:  Ketchikan                                                                   
will still pay  $3 million as its share of  major maintenance                                                                   
costs in the upcoming year.  Without  the CS, the figure will                                                                   
increase by $500,000.                                                                                                           
                                                                                                                                
Mr. Bockhurst  urged support  of the CS  in order  to provide                                                                   
needed relief  to both urban  and rural districts  throughout                                                                   
Alaska.                                                                                                                         
                                                                                                                                
10:28:00 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  asked Mr.  Jeans to  convey the urgency  of                                                                   
passing the legislation this year.   Mr. Jeans explained that                                                                   
the law is to  sunset in November of 2008.   If the sunset is                                                                   
not extended now,  then the legislature would not  be able to                                                                   
address the issue until the next session in January.                                                                            
                                                                                                                                
Co-Chair Hoffman  asked what the  impact to school  districts                                                                   
would be,  in terms of  construction planning  and budgeting,                                                                   
if the legislation were not passed  this session.  He further                                                                   
queried if  any school districts  had expressed the  need for                                                                   
passage  of  the bill  due  to  plans  to move  forward  with                                                                   
specific  bond issues.    Mr. Jeans  reported  that the  only                                                                   
district that had  contacted him regarding the  sunset of the                                                                   
bill was the Juneau School District.   He elaborated that the                                                                   
Juneau  School  District  intends  to  take  projects  before                                                                   
voters  this year.   If  the legislation  is  not passed  the                                                                   
district would have waited a year.                                                                                              
                                                                                                                                
10:30:31 AM                                                                                                                   
                                                                                                                                
In response  to Senator Dyson,  Mr. Jeans said  the reference                                                                   
made  by Mr.  Brockhurst  has to  do with  the  participating                                                                   
share  under  the  grant program.    Currently,  Klawock  has                                                                   
participating shares  at 30 percent.   With the  enactment of                                                                   
the CS,  the participating  share would  drop to 10  percent.                                                                   
This has to do with the property value per child.                                                                               
                                                                                                                                
Senator Dyson asked how many other  communities would qualify                                                                   
at 10 percent.  Mr. Jeans clarified  that Klawock is the only                                                                   
community whose share decreases to 10 percent.                                                                                  
                                                                                                                                
Senator  Huggins  asked  if  any   communities  would  see  a                                                                   
participating  share  increase.   Mr.  Jeans  responded  that                                                                   
under  the CS  the share  would  only decrease.   He  further                                                                   
clarified that  the CS  does not change  current law  for the                                                                   
debt  reimbursement  program,  it  only extends  it  for  two                                                                   
years.                                                                                                                          
                                                                                                                                
Co-Chair  Stedman  noted that  the  enrollment  decline is  a                                                                   
significant factor when addressing funding for schools.                                                                         
                                                                                                                                
10:33:25 AM                                                                                                                   
                                                                                                                                
In response  to Senator Dyson,  Representative Meyer  said it                                                                   
is always assumed  there will be a state match.   The current                                                                   
law carries through to November  2008.  Bonds passed in April                                                                   
will  be covered  under  the CS.   He  also  responded to  an                                                                   
earlier question  regarding the effects of waiting  a year to                                                                   
pass legislation.   If action on the provision  is postponed,                                                                   
it will have  an effect on the Anchorage election  next year,                                                                   
but has no effect this year.                                                                                                    
                                                                                                                                
10:34:03 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman commented  that  if the  CS  were to  pass,                                                                   
there would be plenty of time before the voting cycle.                                                                          
                                                                                                                                
Senator Dyson felt  that if the bill passed  in this session,                                                                   
it  would  substantiate  the state  commitment  to  reimburse                                                                   
school  districts.   He maintained  that  with the  uncertain                                                                   
stability  of high  oil prices,  he supports  a two or  three                                                                   
year sunset.                                                                                                                    
                                                                                                                                
SCS HB 373(FIN)  was HEARD and HELD in Committee  for further                                                                   
consideration.                                                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 19(JUD)                                                                                   
                                                                                                                                
     "An Act relating to ignition interlock devices; to                                                                         
     limited driver's license privileges; and to ignition                                                                       
     interlock limited driver's license privileges."                                                                            
                                                                                                                                
10:36:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KEVIN MEYER, SPONSOR,  provided an overview of                                                                   
SCS CSHB  19(JUD), which provides  for an ignition  interlock                                                                   
device for a person who has received  a DUI.  He detailed the                                                                   
penalties involved with receiving  a DUI.  He pointed out the                                                                   
potential  failings  of  a limited  driver's  license.    The                                                                   
intent of the bill is to ensure a sober driver.                                                                                 
                                                                                                                                
Representative   Meyer  noted   that  the  Senate   Judiciary                                                                   
Committee amended  the bill to  extend the interlock  program                                                                   
through  the  probationary  period   of  the  offender.    He                                                                   
supported  the change  noting it  was a  deterrent to  repeat                                                                   
offenses.  Similar programs implemented  in other states have                                                                   
resulted  in  an  up  to  80   percent  reduction  of  repeat                                                                   
offenses.   He informed  the Committee  that in Alaska  about                                                                   
5000  DUI's  are  issued every  year,  with  one-third  being                                                                   
repeat offenders.                                                                                                               
                                                                                                                                
10:41:07 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman expressed concern  regarding the cost of the                                                                   
interlock device  and offenders not having funds  to purchase                                                                   
the device.                                                                                                                     
                                                                                                                                
Representative  Meyer acknowledged  the expense and  informed                                                                   
the Committee that  the court can waive the DUI  fine in lieu                                                                   
of purchase of the interlock device.                                                                                            
                                                                                                                                
Senator  Elton questioned  Section 2,  which states  that the                                                                   
courts  can't   enforce  a  municipal  ordinance   without  a                                                                   
provision imposing  ignition interlock devices.   He wondered                                                                   
if   an   unintended   consequence    might   be   that   the                                                                   
municipalities  would  let the  Department  of Law  prosecute                                                                   
under state statutes rather than  under municipal ordinances.                                                                   
If this were to  occur there would be a fiscal  note from the                                                                   
Department of Law to reflect the cost.                                                                                          
                                                                                                                                
10:44:06 AM                                                                                                                   
                                                                                                                                
MIKE PAWLOWSKI, STAFF, REPRESENTATIVE  KEVIN MEYER, explained                                                                   
that though the  state had passed ignition  interlock devices                                                                   
for  high BAC  drivers,  it was  never  recommended that  the                                                                   
municipality  pass an  ordinance.   Section 2  came into  the                                                                   
bill from the  Senate Judiciary Committee in  the interest of                                                                   
consistency  in  statute  regarding  traffic  offenses.    He                                                                   
indicated  that he  would  talk with  the  Department of  Law                                                                   
regarding the issue and report back to the Committee.                                                                           
                                                                                                                                
10:45:00 AM                                                                                                                   
                                                                                                                                
Senator  Dyson asked about  someone who  "knowingly"  loans a                                                                   
car to  someone who  is court ordered  to have the  interlock                                                                   
device.                                                                                                                         
                                                                                                                                
Co-Chair Meyer understood that  if a person knowingly allowed                                                                   
a person who had been convicted  of a DUI to drive their car,                                                                   
the owner of the car is at fault.                                                                                               
                                                                                                                                
Senator Dyson  asked if a  person convicted  of a DUI  gets a                                                                   
mark  on  their  driver's  license.     Representative  Meyer                                                                   
confirmed that they would.                                                                                                      
                                                                                                                                
Senator   Dyson  questioned   the   sections  regarding   the                                                                   
forfeiture of a vehicle.                                                                                                        
                                                                                                                                
10:48:08 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman noted that the  bill is in its first hearing                                                                   
and  there  will  be  an  opportunity   for  members  to  get                                                                   
questions and concerns answered by the sponsor.                                                                                 
                                                                                                                                
Senator Elton asked why the bill  would only apply in certain                                                                   
communities  and opined  that  if the  issue is  a matter  of                                                                   
public   safety,  it   should  apply   to  all   communities.                                                                   
Representative  Meyer said it  would be  the intent  to apply                                                                   
the  interlock device  requirement statewide.   He  explained                                                                   
that changes were made in Senate  Judiciary making exceptions                                                                   
for those areas  that aren't required to have  insurance.  He                                                                   
added  that  vendors are  willing  and  able to  install  the                                                                   
interlock device to any car, anywhere,  throughout the state.                                                                   
                                                                                                                                
10:49:53 AM                                                                                                                   
                                                                                                                                
Mr. Pawlowski said  he would provide the list  of communities                                                                   
published by the Department under  AS 28.22.011(b) referenced                                                                   
in Section 7.                                                                                                                   
                                                                                                                                
Senator Thomas noted the potential  loophole between what the                                                                   
court  orders   and  how  the  Division  of   Motor  Vehicles                                                                   
responds, in terms of returning  the license to the offender.                                                                   
They may  fulfill the  requirements of  the court order,  but                                                                   
then there may be a problem of getting the license back.                                                                        
                                                                                                                                
10:51:21 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  listed the fiscal  notes: a zero  note from                                                                   
the Department  of Transportation  and Public Facilities,  an                                                                   
indeterminate note from the Department  of Corrections, and a                                                                   
note from DMV for $76,000 for one new position.                                                                                 
                                                                                                                                
10:53:03 AM                                                                                                                   
                                                                                                                                
JULIE CLEMENTS,  DIRECTOR OF STATE LEGISLATIVE  AFFAIRS, MADD                                                                   
testified via teleconference in  support of SCS CSHB 19.  The                                                                   
goal  for  MADD   is  to  have  ignition   interlock  devices                                                                   
stipulated in law for convicted  offenders.  The organization                                                                   
would ultimately  like a  mandate for  anyone convicted  of a                                                                   
DUI  with a  .08  BAC or  higher  to be  required  to use  an                                                                   
ignition interlock  device.   She listed  studies to  back up                                                                   
MADD's view.                                                                                                                    
                                                                                                                                
10:57:50 AM                                                                                                                   
                                                                                                                                
DALE FOX, PRESIDENT, CEO, CHARR  testified via teleconference                                                                   
in support  of SCS CSHB  19.  He  related that 65  percent of                                                                   
highway  fatalities are  committed  by those  with 1.5  blood                                                                   
alcohol and above,  and by those who have  committed multiple                                                                   
DUI's.   He suggested one small  change to the bill:  to have                                                                   
the  hardcore,  repeat  offenders  be  required  to  use  the                                                                   
ignition  interlock device.    He thought  that first  timers                                                                   
should be excluded from the provision.                                                                                          
                                                                                                                                
11:00:17 AM                                                                                                                   
                                                                                                                                
NARDA BUTLER, DOUGLAS, explained  that there is a significant                                                                   
amount of data that proves the  effectiveness of the devices.                                                                   
She purported that the bill is  not about punitive sanctions,                                                                   
but rather an issue of public  safety.  She outlined specific                                                                   
changes   and  suggested   removal  of   the  words   "during                                                                   
probation".   She questioned  if the  bill would address  the                                                                   
population of individuals most  recently convicted of driving                                                                   
with  a license  revoked or  suspended subsequent  to a  DUI.                                                                   
She  suggested  a  performance-based   exit  and  to  include                                                                   
felons.                                                                                                                         
                                                                                                                                
11:07:33 AM                                                                                                                   
                                                                                                                                
RODNEY HEBERT,  TANANA, testified  that the bill  only covers                                                                   
misdemeanors,  not felons,  and  felt that  felons should  be                                                                   
included in the bill.                                                                                                           
                                                                                                                                
11:13:23 AM                                                                                                                   
                                                                                                                                
WHITNEY  BREWSTER,  DIRECTOR,  DIVISION  OF  MOTOR  VEHICLES,                                                                   
stated  that  DMV  does  support the  bill.    She  addressed                                                                   
Senator Thomas's  question and said  there will be  no change                                                                   
in the  coordination between the  courts and DMV due  to this                                                                   
bill.                                                                                                                           
                                                                                                                                
11:15:18 AM                                                                                                                   
                                                                                                                                
Senator Huggins voiced  concern with Section 7.   He question                                                                   
what would happen  if an offender moved to  another community                                                                   
that was not on the list.                                                                                                       
                                                                                                                                
Ms. Brewster  said  that the Department  is  in favor of  the                                                                   
application on a statewide basis.   She thought that a person                                                                   
who moved to an area where the  device was not required would                                                                   
not have to comply.                                                                                                             
                                                                                                                                
Co-Chair Meyer made closing comments  saying he would provide                                                                   
answers to questions asked by the Committee.                                                                                    
                                                                                                                                
Senator  Elton  noted  the  suggestion  to  provide  for  the                                                                   
extension  of  the use  of  an  interlock device  if  someone                                                                   
attempts to drive drunk before the end of their probation.                                                                      
                                                                                                                                
SCS  CSHB  19 (JUD)  was  HEARD  and  HELD in  Committee  for                                                                   
further consideration.                                                                                                          
                                                                                                                                
11:18:53 AM                                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 75(STA)                                                                                                 
                                                                                                                                
     "An Act relating to driver's licenses and to alcohol                                                                       
     and drug awareness and safety testing."                                                                                    
                                                                                                                                
REPRESENTATIVE JAY  RAMRAS, SPONSOR, presented the  bill.  He                                                                   
shared personal  experience in  the hospitality industry  and                                                                   
his  concern about  drunk drivers.   He  related the  current                                                                   
process of awarding  a driver's license to young  people.  He                                                                   
outlined DMV's testing  procedure at different ages.   When a                                                                   
driver turns 21  there is no further testing.   He maintained                                                                   
that three groups  would benefit by the passage  of the bill:                                                                   
the hospitality  industry, young people between  21-25 with a                                                                   
minor's driver's license, and average citizens.                                                                                 
                                                                                                                                
Representative  Ramras explained that  the bill would  draw a                                                                   
much brighter  line between  minors and  adults and  stop the                                                                   
issue of "leakage".   It would also educate those  who are of                                                                   
the drinking  age by developing  an eight question  test with                                                                   
the object of  bringing awareness of alcohol  safety and laws                                                                   
prior to receiving an adult Alaska driver's license.                                                                            
                                                                                                                                
11:31:41 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  asked if the penalties for  serving a minor                                                                   
alcohol were substantial.                                                                                                       
                                                                                                                                
Representative  Ramras defined  the penalties  for those  who                                                                   
serve a minor.   The first offense is a class  A misdemeanor;                                                                   
the second offense  is a class C felony.  He  maintained that                                                                   
HB 75 would provide a remedy to  draw a brighter line between                                                                   
minors and adults.  It calls for  the automatic expiration of                                                                   
a driver's  license when a person  turns 21 and  helps combat                                                                   
the issue of minors consuming alcohol.                                                                                          
                                                                                                                                
11:35:50 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  clarified that a portion of  the bill would                                                                   
require a person  to update their license when  they turn 21.                                                                   
They would have  an opportunity to have the  questions on the                                                                   
test repeated until they successfully pass the test.                                                                            
                                                                                                                                
Representative   Ramras  agree   that  that   would  be   the                                                                   
legislative intent.   He emphasized the need  for the alcohol                                                                   
education portion of the bill.                                                                                                  
                                                                                                                                
11:37:13 AM                                                                                                                   
                                                                                                                                
Senator  Elton  referred to  Section  1  and noted  that  the                                                                   
provision  only  applies  to   Alaskans  who  hold  under  21                                                                   
licenses.                                                                                                                       
                                                                                                                                
Representative  Ramras agreed.   He noted  that the  original                                                                   
intent was to have all Alaskans  take the test.  That element                                                                   
of the bill was deleted.                                                                                                        
                                                                                                                                
Senator Elton  voiced concern  that the standard  would apply                                                                   
to a 21-year-old Alaskan, but  not to a 21-year-old who moved                                                                   
to Alaska with a minor's driver's license.                                                                                      
                                                                                                                                
11:39:48 AM                                                                                                                   
                                                                                                                                
Senator Huggins asked  how military people are  dealt with in                                                                   
the bill.                                                                                                                       
                                                                                                                                
JANE  PIERSON, STAFF,  REPRESENTATIVE  JAY RAMRAS,  explained                                                                   
that military are covered under AAC exemptions.                                                                                 
                                                                                                                                
Senator Huggins  wondered how other driving  impairment drugs                                                                   
are handled.                                                                                                                    
                                                                                                                                
11:41:17 AM                                                                                                                   
                                                                                                                                
Representative  Ramras referred  to  page 1,  line 10,  which                                                                   
says, "relating  to alcohol, drugs,  and driving".   He added                                                                   
that it  is also covered in  the Driver's Manual and  as part                                                                   
of  the test.    Senator Huggins  noted  that  the test  only                                                                   
addresses alcohol.                                                                                                              
                                                                                                                                
Representative  Ramras said it  is the  intent that  the test                                                                   
would  address  all  drugs  and  alcohol.   He  said  he  was                                                                   
amenable to  amendments to the  bill.  He explained  that all                                                                   
persons  could not  be included  and the focus  should  be on                                                                   
educating young adults.                                                                                                         
                                                                                                                                
Co-Chair Stedman  noted two fiscal notes: a  zero fiscal note                                                                   
from  the Department  of Health  and Social  Services, and  a                                                                   
fiscal   note   for   $30,000    from   the   Department   of                                                                   
Administration - DMV.                                                                                                           
                                                                                                                                
11:44:06 AM                                                                                                                   
                                                                                                                                
DIANE   CASTO,   SECTION  MANAGER,   PREVENTION   AND   EARLY                                                                   
INTERVENTION   SECTION,   DIVISION    OF   BEHAVIOR   HEALTH,                                                                   
DEPARTMENT  OF  HEALTH  AND SOCIAL  SERVICES,  testified  via                                                                   
teleconference  in support of  HB 75.   The bill  addresses a                                                                   
critical issue - reducing underage  access and consumption of                                                                   
alcohol and  promoting responsible consumption  upon reaching                                                                   
21.    HB  75  is in  line  with  the  state  plan  and  with                                                                   
nationwide  best  practices.    She agreed  with  the  multi-                                                                   
strategy   approach   toward  reducing   underage   drinking,                                                                   
especially education.                                                                                                           
                                                                                                                                
11:47:22 AM                                                                                                                   
                                                                                                                                
DALE  FOX,   PRESIDENT,  CABARET,   HOTEL,  RESTAURANT,   AND                                                                   
RETAILER'S ASSOCIATION  (CHARR) testified via  teleconference                                                                   
in strong  support of Section 2  of the bill, which  makes it                                                                   
easier  for  the   hospitality  industry.     It  assists  in                                                                   
developing  the  bright  line   which  helps  people  in  the                                                                   
industry make the  right call.  Mr. Fox concluded  that CHARR                                                                   
is neutral on Section 1, but supports the overall bill.                                                                         
                                                                                                                                
11:49:06 AM                                                                                                                   
                                                                                                                                
WHITNEY  BREWSTER,  DIRECTOR,  DIVISION  OF  MOTOR  VEHICLES,                                                                   
DEPARTMENT OF  ADMINISTRATION, said that DMV  supports HB 75.                                                                   
DMV would  develop a test  with the  help of others,  such as                                                                   
Behavioral Health,  with eight  questions that would  address                                                                   
alcohol and drug awareness.  The  test would be statewide and                                                                   
could  be  retaken  until  the individual  passes  it.    She                                                                   
reported that  there is  an exception  policy in place  which                                                                   
would  address  Senator  Huggins's   concern  about  military                                                                   
personnel, as well as those away at school.                                                                                     
                                                                                                                                
11:50:17 AM                                                                                                                   
                                                                                                                                
Senator  Elton  asked  if  this  is a  one-time  cost.    Ms.                                                                   
Brewster said  that it is a  one-time cost for  a programming                                                                   
change to allow  for an expiration date.  The  second part of                                                                   
the fiscal  note is for loading  the test onto  the machines.                                                                   
She reported that DMV does not anticipate on-going costs.                                                                       
                                                                                                                                
Senator Elton  asked if  the test is  graded by the  machine.                                                                   
Ms. Brewster replied that it is electronic.                                                                                     
                                                                                                                                
Senator Olson  asked what  types of  provisions are  made for                                                                   
rural students.   He noted  that the  DMV is closed  in Nome.                                                                   
Ms. Brewster  reported that  the Nome  office is now  filled.                                                                   
She understood that the bill would  not prohibit someone from                                                                   
                         st                                                                                                     
coming in before their 21 birthday to take the exam.                                                                            
                                                                                                                                
11:53:02 AM                                                                                                                   
                                                                                                                                
Representative Ramras  noted that the  payment fee for  a new                                                                   
license would  pay for the program.   He concluded  that this                                                                   
bill is  an excellent strategy  for combating the  problem of                                                                   
drinking and driving.                                                                                                           
                                                                                                                                
CSHB  75(STA) was  heard and  HELD in  Committee for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
AT EASE: 11:54:13 AM                                                                                                          
                                                                                                                                
RESUME:  12:08:25 PM                                                                                                          
                                                                                                                                
CS FOR HOUSE BILL NO. 338(FIN)                                                                                                
                                                                                                                                
     "An Act relating  to the bulk fuel bridge  loan fund and                                                                   
     program,   power  project  fund,   and  the   bulk  fuel                                                                   
     revolving  loan  fund;  authorizing  the  Alaska  Energy                                                                   
     Authority  to borrow money  from the power  project fund                                                                   
     for  the bulk  fuel  revolving loan  fund  and to  repay                                                                   
     money borrowed; and                                                                                                        
                                                                                                                                
REPRESENTATIVE  MARY NELSON, SPONSOR,  related that  the bill                                                                   
was  an idea  brought forth  by the  Alaska Energy  Authority                                                                   
(AEA).  She reported that old  statutes needed updating.  The                                                                   
primary idea  in the bill is  in Section 2,  which authorizes                                                                   
AEA to make  loans from the  Power Project Fund (PPF)  to the                                                                   
Bulk Fuel Revolving  Loan Fund (BFRLF).  Presently,  there is                                                                   
a lot  of pressure on  AEA due to the  high price of  fuel to                                                                   
provide  more loans  from BFRLF.   The bill  would limit  the                                                                   
amount AEA could  borrow from PPF to the BFRLF  to the lesser                                                                   
of $2 million, or 10 percent of  the PPF cash balance on June                                                                   
30 of the  preceding fiscal year.   It provides that  AEA can                                                                   
not borrow from  PPF if the cash balance of PPF  is less than                                                                   
5 million.                                                                                                                      
                                                                                                                                
Representative  Nelson reported  that the  bill also  deleted                                                                   
references to  nonprofit marketing cooperatives  as potential                                                                   
borrowers and  deletes PPF loan provisions for  potable water                                                                   
supply projects.                                                                                                                
                                                                                                                                
Representative  Nelson related that  Section 3 provides  that                                                                   
power  projects  are  subject  to  the  same  limitations  on                                                                   
interest  and  other  restrictions  as are  loans  for  power                                                                   
projects.   Section 1  establishes the  BFRLF as  statutorily                                                                   
able to  make loans to  communities.   It is a separate  loan                                                                   
program  established  in  2004   by  the  Denali  Commission,                                                                   
especially    for    communities    that    are    struggling                                                                   
administratively.   She  explained  the problems  surrounding                                                                   
statutory authority and third party contract relationships.                                                                     
                                                                                                                                
Representative  Nelson  reported  on  the  successes  of  the                                                                   
BFRLF.                                                                                                                          
                                                                                                                                
12:14:21 PM                                                                                                                   
                                                                                                                                
SARAH  FISHER-GOAD,  DEPUTY DIRECTOR  OF  OPERATIONS,  ALASKA                                                                   
ENERGY  AUTHORITY,  DEPARTMENT  OF  COMMERCE,  COMMUNITY  AND                                                                   
ECONOMIC  DEVELOPMENT testified  via  teleconference that  HB
338 authorizes  AEA to  make loans  from PPF  to BFRLF.   She                                                                   
related that the BFRLF provides  communities of 2,000 or less                                                                   
a financing  source  to purchase  an annual  supply of  fuel.                                                                   
AEA  currently  only  commits  to loans  based  on  the  cash                                                                   
available  and does not  consider loans  receivable prior  to                                                                   
committing a  loan.  HB 338  would provide a  backstop source                                                                   
of  funds to  allow  AEA  to better  meet  the  needs of  the                                                                   
borrowers.                                                                                                                      
                                                                                                                                
Ms.  Fisher-Goad reported  that  two years  ago  there was  a                                                                   
delay in committing funds until  loan repayments - the actual                                                                   
cash -  was received by  AEA.  This  made it difficult  to be                                                                   
able to  provide the  commitments for  borrowers to  plan for                                                                   
fuel delivery.   HB  338 does  limit the  lending ability  by                                                                   
restricting the  amount based upon  the June 30  cash balance                                                                   
of PPF  and is  limited by  the lesser  of $2  million or  10                                                                   
percent.   On  2/29 the  cash balance  in the  PPF was  $10.8                                                                   
million.  If the  bill were in effect today there  would be a                                                                   
little over $1 million as a backstop  funding source.  If PPF                                                                   
falls  below $5  million,  AEA  would suspend  the  borrowing                                                                   
capability.                                                                                                                     
                                                                                                                                
Ms.  Fisher-Goad reported  on  housekeeping  measures in  the                                                                   
bill.                                                                                                                           
                                                                                                                                
12:16:36 PM                                                                                                                   
                                                                                                                                
Senator  Huggins asked  if the  bill increases  risk to  AEA.                                                                   
Ms. Fisher-Goad said  she believed it was risk  neutral.  The                                                                   
loans are short term and the delinquency rate is very low.                                                                      
                                                                                                                                
12:17:24 PM                                                                                                                   
                                                                                                                                
DEL  CONRAD, CEO,  RURAL ALASKA  FUEL  SERVICES (RAFS),  said                                                                   
that  since the  inception of  the  BFRLF in  2004, about  12                                                                   
communities were  unable to fund their fuel  purchases due to                                                                   
an  increase in  fuel  costs.   The Department  of  Commerce,                                                                   
Community and  Economic Development contracted  out to manage                                                                   
the loans  and work with the  communities.  The  Rural Alaska                                                                   
Fuel Services purchases fuel on  behalf of the community.  If                                                                   
the loan is paid back on a timely  basis, the money is loaned                                                                   
for three  years interest  free.  In  addition, RAFS  goes to                                                                   
out  to  the  communities  to  review  the  books,  establish                                                                   
pricing, and build budgets.  He  described how he sets up the                                                                   
programs.                                                                                                                       
                                                                                                                                
Mr.  Conrad  reported   that  RAFS  has  made   loans  to  26                                                                   
communities throughout  rural Alaska  in the last  four years                                                                   
for a total of  $6.5 million.  He described  the successes of                                                                   
the program and the fund sources.                                                                                               
                                                                                                                                
12:23:25 PM                                                                                                                   
                                                                                                                                
Senator Olson MOVED to ADOPT Amendment 1:                                                                                       
                                                                                                                                
     Insert new  Section 4 that amends AS  42.45.250(e)(1) to                                                                   
     read:                                                                                                                      
     "(1)  may not  exceed $500,000  [$400,000],  or, if  the                                                                 
     borrower  is a cooperative  corporation organized  under                                                                   
     AS 10.15  or an electric cooperative organized  under AS                                                                   
     10.25 and uses the loan to  purchase bulk fuel on behalf                                                                   
     of more  than one community,  may not exceed  the lesser                                                                   
     of  $500,000  [$400,000]  multiplied  by the  number  of                                                                 
     communities  on whose  behalf  the bulk  fuel  is to  be                                                                   
     purchased, $1,800,000 [$1,500,000].                                                                                      
                                                                                                                                
Senator  Olson explained  that the  amendment would  increase                                                                   
the loan  limits for  the Bulk  Fuel Revolving  Loan Fund  to                                                                   
better match the increased cost of fuel.                                                                                        
                                                                                                                                
Co-Chair Stedman OBJECTED.                                                                                                      
                                                                                                                                
Senator Olson noted  the current loan has been  inadequate in                                                                   
some communities.   He  spoke of  high transportation  costs.                                                                   
He added that the Department is  in support of the amendment.                                                                   
                                                                                                                                
12:25:31 PM                                                                                                                   
                                                                                                                                
Ms. Fisher-Goad  confirmed that the Department  is in support                                                                   
of the  amendment.   It aligns  the long-existing BFRLF  with                                                                   
the  proposed  limit  for  the  Bridge  Loan  program.    She                                                                   
addressed the increased demand for loans.                                                                                       
                                                                                                                                
Co-Chair Stedman WITHDREW his OBJECTION.                                                                                        
                                                                                                                                
There being NO OBJECTION, Amendment 1 was adopted.                                                                              
                                                                                                                                
Representative  Nelson worried  about communities that  would                                                                   
need more monetary support.                                                                                                     
                                                                                                                                
12:27:07 PM                                                                                                                   
                                                                                                                                
Mr.  Conrad  noted  requests for  three  loans  for  $500,000                                                                   
through the Bridge  Loan program.  He voiced  concern that if                                                                   
communities are short  funded, then it will create  a case of                                                                   
flying in  fuel in  February with  a significant increase  in                                                                   
cost.  He  predicted that it  is unlikely that there  will be                                                                   
requests for  loans in the $750,000  range in the  next year,                                                                   
but  for  the   communities  in  that  situation,   there  is                                                                   
significant cost if fuel needs to be flown in.                                                                                  
                                                                                                                                
Representative  Nelson said the  cost gets  passed on  to the                                                                   
consumer at $11 or $12 per gallon when fuel is flown in.                                                                        
                                                                                                                                
12:29:12 PM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman MOVED to REPORT  CSHB 338 (FIN), as amended,                                                                   
from  Committee  with  individual   recommendations  and  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB  338 (FIN)  was REPORTED  out  of Committee  with a  "do                                                                   
pass"  recommendation and  with zero  fiscal note  #1 by  the                                                                   
Department of  Commerce, Community and Economic  Development,                                                                   
and  with  fiscal note  #2  by  the Department  of  Commerce,                                                                   
Community and Economic Development.                                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 12:30 PM.                                                                                          

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