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