Legislature(2007 - 2008)SENATE FINANCE 532
04/04/2008 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB 218 | |
| SB 226 | |
| HB 326 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 218 | TELECONFERENCED | |
| += | SB 226 | TELECONFERENCED | |
| += | HB 326 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 4, 2008
9:07 a.m.
CALL TO ORDER
Co-Chair Stedman called the Senate Finance Committee meeting
to order at 9:07:37 AM.
MEMBERS PRESENT
Senator Lyman Hoffman, Co-Chair
Senator Bert Stedman, Co-Chair
Senator Charlie Huggins, Vice-Chair
Senator Donny Olson
Senator Kim Elton
Senator Joe Thomas
Senator Fred Dyson
MEMBERS ABSENT
ALSO PRESENT
Senator Hollis French; Alyson Biastock, Staff, Senator
French McHugh Pierre, Legislative Liaison, Department of
Military and Veterans Affairs; Senator Hollis French
PRESENT VIA TELECONFERENCE
Peggy Hayashi, Registered Nurse, Childhood Injury Prevention
State-side Coordinator, Chugiak; Gordon Glaser, Staff, State
of Alaska, Division of Public Health and Committee Member
Booster Seat Legislative Coalition, Anchorage
SUMMARY
SB 218 "An Act relating to use of child safety seats and
seat belts."
CSSB 218 was REPORTED out of Committee with a "do
pass" recommendation and an accompanying
previously published fiscal note by the Department
of Transportation.
SB 226 "An Act relating to litigation brought by a
vexatious litigant; amending Rules 3, 4, 12, and
41, Alaska Rules of Civil Procedure; and providing
for an effective date."
SB 226 was REPORTED out of Committee with no
recommendations and a previously published fiscal
note from the Department of Law.
CSHB 326(FIN)
"An Act authorizing the governor to order the
organized militia into active state service to
fight wildland fire, authorizing the governor to
delegate to the adjutant general the authority to
order the organized militia into active state
service to fight wildland fire, and authorizing
the payment of Alaska National Guard called into
active state service to fight wildland fire at
rates of pay established for certain emergency
fire-fighting personnel; and providing for an
effective date."
CSHB 326 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and previously
published fiscal notes from the Department of
Administration, the Department of Military Affairs
and the Department of Natural Resources.
9:07:44 AM
SENATE BILL NO. 218
"An Act relating to use of child safety seats and seat
belts."
Co-Chair Stedman presented an overview of three bills on the
agenda. He commented that this was the first hearing of SB
226 and, after taking the sponsor testimony, the Committee
would hear public testimony.
Co-Chair Hoffman MOVED to ADOPT Committee Substitute for SB
218, work draft 25-LS1273\C as the working document before
this committee.
Co-Chair Stedman OBJECTED for discussion purposes.
9:09:34 AM
SENATOR HOLLIS FRENCH presented an overview of the Committee
Substitute changes. He explained that the Committee
Substitute clarified the booster seat age requirements.
Under the original bill a small fifteen year old child would
be required to use a booster seat, but this proved
unrealistic. The bill now clarified that a child over eight
years old, who did not meet the height and weight
requirement, can use a booster seat or a seat belt,
whichever is appropriate. He noted this would also help law
enforcement who could simply inquire about a child's age
without trying to determine their height and weight.
Co-Chair Stedman WITHDREW his OBJECTION. There being NO
further OBJECTION, work draft 25-LS1273\C was adopted.
9:11:08 AM
Senator French presented an overview of the bill. This bill
notes that when children try to use adult seat belts in
place of proper child restraint devices, injuries occur. The
use of a proper child restraint or booster seat can prevent
injuries. Current Alaska law states that children under the
age of four must be secured in a safety device, meeting U.S.
Department of Transportation standards. The bill places the
Department of Transportation guidelines into the statute.
Senator French noted a chart describing the age, height and
weight requirements for various safety devices (SB 218 Child
Safety Seats and Seat Belts, copy on file). The American
Academy of Pediatrics declared that booster seats are sixty
percent safer than seat belts alone and thirty eight states
now mandate booster use. He outlined that the object is not
to punish. The first offense is just a citation that
disappears once the booster seat is obtained.
9:12:58 AM
Senator French referred to the fiscal note showing that
Alaska would be eligible for $200,000 a year in federal
funds.
9:13:28 AM
Senator Thomas questioned if federal standards or guidelines
provided information regarding the proper heights and
weights for the children using booster seats or seat belts.
Senator French acknowledged that the information was
obtained from the U.S. Department of Transportation
guidelines based on their research and studies. He indicated
that on Page 2, Subsection 3, lines 3-8 is the new addition
to the law.
9:14:47 AM
Co-Chair Hoffman addressed the situation where booster seats
may not be available in rural communities and questioned
what would be the penalties for non-compliance. Senator
French mentioned that the first fine would be a $25 "fix-it"
ticket that would go away when the proper safety device was
purchased.
ALYSON BIASTOCK, STAFF, SENATOR FRENCH, interjected that the
first ticket would be a $50 "fix-it" fine; the second
offense would not include the "fix-it" option. She responded
to the question of booster seats not being available in some
communities by mentioning they were available online. Co-
Chair Hoffman asked how long it would take to order online.
Senator French responded that he was not sure. Co-Chair
Hoffman advised that it would take at least a month to
receive one online.
9:15:52 AM
Senator Olson revealed some villages have no state
maintained roads or internet availability. Senator French
responded that if booster child seats are ignored within the
community, then he believed the requirement will also be
ignored. He does not see this bill changing what the
community has made a priority to the local law enforcement.
9:17:53 AM
PEGGY HAYASHI, REGISTERED NURSE, CHILDHOOD INJURY PREVENTION
STATE-SIDE COORDINATOR, CHUGIAK testified via
teleconference, and supported this bill. She witnessed
childhood injuries among non-restrained children, both
personally and professionally. She explained that the
current law is difficult for many people to understand,
therefore this revision is meant as a clarification. She
voiced the concern of rural Alaska by mentioning that any
high-risk or low income child needing a booster seat has
access by calling a child care provider or educator who will
ensure a booster seat gets to the child. She noted the wide
range in booster seat costs and styles.
9:21:25 AM
Senator Thomas remarked that any car seat, whatever the
price, is worth it for the safety of the child. Ms. Hayashi
agreed and stated again that through grants and donations
hundred of free seats have been available throughout Alaska
for those that need them.
GORDON GLASER, STAFF, STATE OF ALASKA, DIVISION OF PUBLIC
HEALTH AND COMMITTEE MEMBER BOOSTER SEAT LEGISLATIVE
COALITION, ANCHORAGE testified via teleconference, and
supported this bill. He mentioned this legislation is
important because it does not add any new penalties only
clarify any confusion. Motor-vehicle related injuries are
the second leading cause of hospitalization and leading
cause of fatalities for Alaska children. This bill would
help parents and communities understand the law.
Co-Chair Stedman referred to the one fiscal previously
mentioned from the Department of Transportation.
9:24:59 AM
Senator Elton questioned if an accident with injuries to the
child occurred and the parent did not have the required seat
by law would this elevate the accident to a crime.
9:25:48 AM
Senator French responded that "it depends." They would
probably not elevate it to a crime if it was just the
improper seat device for the child, but if this was coupled
with alcohol, it could be considered reckless endangerment.
Senator Elton wondered if this would implicate an
individual's insurance policy. Senator French replied that
the answer would probably be "no" and the insurance company
would have a hard time denying coverage for a child who was
injured.
9:27:57 AM
Co-Chair Hoffman MOVED to REPORT CSSB 218 out of Committee
with individual recommendations and an accompanying fiscal
note.
CSSB 218 was REPORTED out of Committee with a "do pass"
recommendation and an accompanying previously published
fiscal note by the Department of Transportation.
9:28:52 AM
SENATE BILL NO. 226
"An Act relating to litigation brought by a vexatious
litigant; amending Rules 3, 4, 12, and 41, Alaska Rules
of Civil Procedure; and providing for an effective
date."
Co-Chair Stedman remarked that this bill was heard for the
first time in the Senate Finance Committee on February 20,
2008. The bill was set aside to allow Committee members time
to review public testimony and work with the bill's sponsor
on any concerns.
SENATOR HOLLIS FRENCH, the bill's sponsor, presented a short
overview of the bill. He explained that the bill was
designed to give the court system a tool to view vexatious
litigants as individuals who abuse the court system by
filing repetitive cases against an ever expanding number of
people. Vexatious litigants refuse to acknowledge the fact
they have lost and continue to file new claims without any
new facts. This results in higher costs to the system. The
bill, modeled after a California law, allows judges to act
as a gatekeeper.
Co-Chair Stedman reviewed one zero fiscal note.
9:31:05 AM
Co-Chair Hoffman MOVED to REPORT SB 226 out of Committee
with individual recommendations and an accompanying fiscal
note.
Senator Huggins OBJECTED.
Senator Huggins referred the definition of vexatious
litigants on Page 3, line 12-13 and voiced his concern.
(3) "vexatious litigant" means a person acting without
the assistance of an attorney, who
Senator Huggins remarked that a person, protected by an
attorney, can still get away with being a vexatious litigant
under this bill.
9:32:08 AM
Senator Huggins WITHDREW his OBJECTION, there being NO
further OBJECTION, it was so ordered.
SB 226 was REPORTED out of Committee with no recommendations
and an accompanying previously published fiscal note by the
Department of Law.
9:32:37 AM
CS FOR HOUSE BILL NO. 326(FIN)
"An Act authorizing the governor to order the organized
militia into active state service to fight wildland
fire, authorizing the governor to delegate to the
adjutant general the authority to order the organized
militia into active state service to fight wildland
fire, and authorizing the payment of Alaska National
Guard called into active state service to fight
wildland fire at rates of pay established for certain
emergency fire-fighting personnel; and providing for an
effective date."
Co-Chair Stedman described this as a first hearing for the
bill.
MCHUGH PIERRE, LEGISLATIVE LIAISON, DEPARTMENT OF MILITARY
AND VETERANS AFFAIRS, presented an overview of the bill. He
remarked that the history of the bill started in 2004 when
there were a record number of wild land forest fires in the
state. When the fire fighting resources in the state are
stretched thin, and extra help is needed, the Division of
Forestry calls on the National Guard.
9:35:07 AM
Co-Chair Stedman asked how many times the National Guard is
called to fight fires and wondered if this will have any
effect on the civilian side. Mr. Pierre responded that it
will not affect the civilian sector at all. The National
Guard is the last line of defense called during a fire.
9:36:14 AM
Senator Thomas noted that this sounds like an equal pay for
equal work situation.
9:36:38 AM
Senator Huggins noted that a Chief Warrant Officer 5 would
have a higher daily rate than a Colonel (06), which seemed
odd to him. Mr. Pierre agreed but noted that rarely would a
Colonel or Lt. Colonel work the fire line. The usual crew
staffing is one Blackhawk helicopter, one pilot in command,
a second pilot and one Chief Engineer or crew officer. The
highest ranking person on the fire line is usually the
pilot, a Chief Warrant Officer 3 or 4. The civilians hired
to do the same job may be receiving more than double the
salary.
9:38:24 AM
Senator Huggins noted that "full timers" complicate the
situation. The "full timers" may possibly be taking a pay
cut from their civilian job to fight a fire. Mr. Pierre
agreed but the goal of the bill is to make sure that there
are traditional National Guard personnel responding to these
fires. National Guard members under federal pay would move
to a State pay rate when fighting fires resulting in a
possible pay cut.
9:39:39 AM
Senator Huggins reported that often guardsmen have to take
leave to fight a fire. Mr. Pierre agreed that can happen. He
explained that within the National Guard only about fifteen
percent of the personnel are full time. They are either a
technician under federal pay or Active Guard and Reserve
(AGR) on federal pay. If a National Guard member is asked to
take on a mission, they would have to file for leave from
their civilian job. He reiterated that at present the full-
timers take most these jobs therefore part-timers have less
opportunity to receive the training to be successful on
missions. The part timers, who make up the majority of the
National Guard, would love to be able to participate.
9:41:08 AM
Senator Huggins remarked that it is a worthy goal but it is
unfortunate that many National Guard are mandatorily told to
report which requires them to take leave or a vacation from
their civilian job.
9:41:42 AM
Senator Olson wondered if civilian employers would be
adversely affected when National Guard employees leave work
to fight fires. Mr. Pierre remarked that the department does
not mandate National Guard personnel respond to a fire but
has made it strictly volunteer. He revealed that there have
been no complaints from employers in local communities so
far.
9:42:39 AM
Senator Olson questioned what other states do in similar
situations. Mr. Pierre responded that other states react in
same way. The state would activate their members on a "state
active duty rate" which varies form state to state. Alaska
has not updated its active duty rates recently. The state
has noticed that state active duty rates and National Guard
federal rates do not match. Mr. Pierre expressed the
importance of seeing that all are paid evenly across the
board.
9:43:38 AM
Senator Elton asked if this bill requires the department
perform specialized training for fire fighting. Mr. Pierre
replied that the current bill does not require any
additional training above the military training. He reported
that those who respond to wild fires only respond in their
trained capacity.
9:44:35 AM
Mr. Pierre appreciated the time of the Committee.
9:45:05 AM
Co-Chair Hoffman MOVED to REPORT CSHB 226 (FIN) out of
Committee with individual recommendations and accompanying
fiscal notes. There being NO OBJECTION, it was so ordered.
CSHB 326 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and previously published fiscal notes
from the Department of Administration, the Department of
Military Affairs and the Department of Natural Resources.
ADJOURNMENT
The meeting was adjourned at 9:46 AM
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