Legislature(2013 - 2014)SENATE FINANCE 532
04/07/2014 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB119 | |
| SB201 | |
| HB19 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 119 | TELECONFERENCED | |
| + | SB 201 | TELECONFERENCED | |
| + | HB 19 | TELECONFERENCED | |
| + | HB 263 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 7, 2014
9:10 a.m.
9:10:49 AM
CALL TO ORDER
Co-Chair Meyer called the Senate Finance Committee meeting
to order at 9:10 a.m.
MEMBERS PRESENT
Senator Pete Kelly, Co-Chair
Senator Kevin Meyer, Co-Chair
Senator Anna Fairclough, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
None
ALSO PRESENT
Suzanne Armstrong, Staff, Senator Kevin Meyer; Senator Bert
Stedman; Darrell Breese, Staff, Senator Bill Stoltze;
Representative Bill Stoltze.
PRESENT VIA TELECONFERENCE
Nicolene Jordan, Self, Palmer; Al Barrette, Self,
Fairbanks; Mary Nanuwak, Self, Anchorage; Amy Erickson,
Director, Division of Motor Vehicles, Department of
Administration, Anchorage.
SUMMARY
SB 119 BUDGET: CAPITAL
SB 119 was HEARD and HELD in committee for
further consideration.
SB 201 CRIMINAL TRESPASS ON PRIVATE PROPERTY
SB 201 was HEARD and HELD in committee for
further consideration.
CSHB 19(RLS)(efd am)
PERM. MOT. VEH. REGISTRATION/TRAILERS
CSHB 19(RLS)(efd am) was HEARD and HELD in
committee for further consideration.
CSHB 263(HSS)
EXTEND SENIOR BENEFITS PAYMENT PROGRAM
CSHB 263(HSS) was SCHEDULED but not HEARD.
SENATE BILL NO. 119
"An Act making appropriations, including capital
appropriations and other appropriations; making
appropriations to capitalize funds."
9:12:24 AM
Co-Chair Kelly MOVED to ADOPT the committee substitute for
CS SB 119 (FIN), Work Draft 28-GS2672\O (Martin, 4/6/14).
There being NO OBJECTION it was so ordered.
9:13:02 AM
AT EASE
9:18:54 AM
RECONVENED
Co-Chair Meyer clarified that the version of the bill was
"O" not zero.
SUZANNE ARMSTRONG, STAFF, SENATOR KEVIN MEYER, pointed to
the "Multi-year Agency Summary" (copy on file). The first
column represented the numbers that were spent by agencies
in the FY 15 Capital Budget, which totaled $1,877.189
million. Of the total capital budget, unrestricted general
funds (UGF) were $539.4 million; designated general funds
(DGF) were $129.3 million; other state funds were $109
million; and federal receipts were slightly above $1
billion. The second column represented the FY 14 Capital
Supplemental Budget, which totaled $5.73 million, of which
$2.9 million was UGF and $2.1 million was DGF. The third
column was the FY 14 Supplemental Operating Budget, which
totaled $43.2 million, of which $39.3 million was UGF,
$103,000 was DGF, $3.8 million in other state funds, and
there was a $45,000 reduction in federal receipts.
Co-Chair Meyer queried the reduction of the current budget
versus the previous year's budget. Ms. Armstrong replied
that there was roughly a $403.5 million reduction in total
funds. She stated that it represented $445.9 million in
UGF, $97 million in DGF, $30 million in other state funds,
and the federal component was increased by $170 million.
Co-Chair Meyer surmised that the UGF spending was obtained
by reductions made in the governor's proposal. He wondered
if she would speak to the reductions in the governor's
proposal. Ms. Armstrong responded that between the FY 14
Supplemental Budget and the FY 15 Proposed Budget there was
approximately $102 million in reductions. The UGF were
reduced by $88.5 million, DGF were reduced by $17 million,
and other state funds were increased by approximately $3.8
million. Of the $88 million reduction in UGF, approximately
$32.7 million of that was for the requested FY 14
supplemental request for the Susitna-Watana Dam. In the FY
15 reductions, there was $5 million reduction from the
governor's request of $15 million for Positive Train
Control for the Alaska Railroad. There was a reduction of
approximately $18 million from the UA deferred maintenance
budget. There was a $10 million in the Department of
Transportation and Public Facilities (DOT/PF) budget, but
projects had been identified as completed, so there were
repurposed funds towards FY 15 priorities.
Co-Chair Meyer thanked Karen Rehfeld for her cooperation
with the drafting of the budget. He wondered how the
information could be accessed. Ms. Armstrong replied that
there would be a series of reports available on the
Legislative Finance Division's (LFD) website.
9:25:49 AM
Senator Hoffman queried the school construction budget for
FY 15. Ms. Armstrong replied with page 31, line 15. She
stated that there were two listed projects. The previous
year's budget appropriated funds for the construction for
the K-12 school in Kwethluck, and the $31.5 million in the
current budget funded to complete the project. The second
project was St. Mary's School District, at $11.7 million
which was the first school on the new school construction
list.
Co-Chair Meyer highlighted some aspects of the budget. He
encouraged the committee to review the language section of
the bill. He remarked that the budget upheld the goal of
reducing the capital budget. He noted that the year prior
had a $1 billion reduction, and the current budget
reflected a reduction of nearly $4 million. He felt that
the current economy was very strong, and remarked that the
budget bill was substantial. He stressed that maintaining
assets, completing projects, and distributing money to
various communities. He noted the $9 million for deferred
maintenance; and $37.5 million for the State Library
Archives and Museum (SLAM. He stressed that there would be
a new CS that would address building of the power plant at
UAF. He remarked that there was almost $7 million in grants
for domestic violence and sexual assault safe shelters.
There was an issue of chronic inebriates in Anchorage, so
there was $5 million for Partners for Progress. He noted
that there was money for various community centers, health
centers, and libraries.
9:33:30 AM
Senator Bishop commented that the capital budget was very
healthy. He felt that there were many economic issues that
the state deals faces. He stressed that the private sector
was very successful in the state, and felt that the
employment rate in Anchorage was very strong.
Co-Chair Meyer thanked LFD for their work on the budget.
SB 119 was HEARD and HELD in committee for further
consideration.
9:37:02 AM
AT EASE
9:47:35 AM
RECONVENED
SENATE BILL NO. 201
"An Act relating to the crime of trespass."
9:48:32 AM
SENATOR BERT STEDMAN, introduced SB 201. He related that
the bill gave some flexibility to private land owners, so
that they did not have to put up "no trespassing" signs all
over their property. He shared that as a landowner, you
have the right to regulate activities on your property.
However, in Alaska, current state law gives a person the
privilege to enter and remain on unimproved or apparently
unused land that isn't posted with "no trespassing" signs.
Furthermore, a sign must be placed at each roadway or
access point onto the property. Many Alaskans own private
property in remote locations with inclement weather. No
trespassing signs can be blown down, removed by vandals, or
covered by snow. The lack of visible signage should not
absolve trespassers of guilt. Senate Bill 201 would repeal
Alaska Statute 11.46.350(c), thereby removing the
requirement that no trespassing signs be posted at each
roadway and at every way of access to private property in
order for criminal trespass laws to be enforced. It should
be the responsibility of the individual to know who owns
the property that they want to access. Today's technology
allows many options for individuals to identify public and
private property boundaries such as topo maps that can be
downloaded on a smart phone or GPS. In addition, the public
can access maps showing property boundaries from the state
Department of Natural Resources, the U.S. Geological
Survey, as well as municipal plats available at city hall.
Vice-Chair Fairclough wondered how the courts would
perceive the actions of a person building a structure on
private property. Senator Stedman responded that there was
no intention to change a property owner rights. He stated
that the landowner would be allowed to post "no
trespassing" signs, but would not be required to post the
signs.
9:54:30 AM
Vice-Chair Fairclough wondered why the current version of
the bill was different than the original version. Senator
Stedman stated that it was originally proposed that there
would be no requirement to post a sign. He stated that the
Judiciary Committee felt that the requirement of at least
one posted sign was a better alternative to having no sign
posted.
Senator Hoffman remarked that 95 percent of land in Alaska
was owned by native corporations. He wondered if there were
any native or regional corporations that opposed the
legislation. Senator Stedman replied that he was not aware
of any issues with the regional corporations.
Senator Dunleavy wondered if the legislation would affect
recreationalists who might travel across private property.
Senator Stedman responded that the law already prohibited
someone to go on property without the property owner's
permission. The legislation would not change that.
10:00:48 AM
Senator Dunleavy wondered if the bill would change the
existing law regarding hunting, trapping, and fishing.
Senator Stedman responded that the legislation would
empower landowners to prosecute trespassers, even without
previously posting "no trespassing" signs.
Co-Chair Meyer noted that there was an issue of squatting,
so people decide to live on empty land. He wondered how
private land owner would be affected by the legislation.
Senator Stedman replied that the bill did not change the
landowner's rights to prosecute squatters.
Co-Chair Meyer wondered if the squatter could argue
ignorance, because of the lack of sign. Senator Stedman
responded that with or without signs, no one had the right
to build on a property without the owner's permission.
Co-Chair Meyer wondered if Senator Stedman had signs on his
private property. Senator Stedman replied that he removed
the "no trespassing" signs on his property, because he felt
that they were offensive and invited vandalism.
Senator Dunleavy wondered if the issue was transportation
through private property or activities conducted on the
private property Senator Stedman replied that the activity
on the land was an issue, rather than crossing through the
land.
10:06:17 AM
Senator Dunleavy surmised that traversing was not the
issue. Senator Stedman replied that there could be
prosecution, but that was not a common issue.
Senator Dunleavy noted that many there were large portions
of private land that may be traversed, without the traveler
knowing that they are moving through private property.
Senator Stedman replied that the legislation did not change
any of the rights of the property owner.
10:11:00 AM
NICOLENE JORDAN, SELF, PALMER (via teleconference),
testified in favor of the legislation. She stressed that
the issue was the requirement of the signs. She pointed out
that she was not against hunting and trapping, but she was
against trespassing. She stressed that current technology
allowed for people to determine if there was private
property. She stressed that the current issue was the
requirement to post "no trespassing" sign, and felt that
the signs provided an excuse for law enforcement to not
peruse action against trespassers.
AL BARRETTE, SELF, FAIRBANKS (via teleconference), spoke in
support of the current version of the legislation. He
stated that his income relied on wildlife resources from
his land. He pointed out that a global positioning system
(GPS) did not display the owner of the land; rather it only
showed where you are on the earth.
10:18:55 AM
MARY NANUWAK, SELF, ANCHORAGE (via teleconference),
remarked that some people did not have the financial
resources to pursue criminal action. She wondered if the
bill addressed the issue of building roads on private
property.
Co-Chair Meyer CLOSED public testimony.
Vice-Chair Fairclough stated that she knew someone who was
in support of the bill, and referred to a trooper who was
facing an issue related to the trespassing on private
property.
Senator Stedman looked at AS 136.03.30 stated that in the
prerequisites, the State was obligated to prove that
someone had trespassed on the land.
SB 201 was HEARD and HELD in committee for further
consideration.
10:25:23 AM
AT EASE
10:34:00 AM
RECONVENED
CS FOR HOUSE BILL NO. 19(RLS)(efd am)
"An Act relating to permanent motor vehicle
registration in the unorganized borough and in a
municipality that has elected to allow permanent
registration; relating to the registration fee for
noncommercial trailers and to the motor vehicle tax
for trailers; and providing for an effective date."
10:34:50 AM
DARRELL BREESE, STAFF, SENATOR BILL STOLTZE, explained that
the legislation would establish a new type of registration,
allowing for the permanent registration of personal use
motor vehicles older than eight years old and non-
commercial trailers. The passage of House Bill 19 would
establish a new type of registration available through the
Division of Motor Vehicles (DMV), allowing for the
permanent registration of personal-use motor vehicles older
than eight years old and non-commercial trailers. The
proposed change to state statutes calls for the addition of
a one-time $25 fee plus the regular registration fee for an
eligible vehicle, to register vehicles for personal use as
long as the registered owner continues to own the vehicle.
It also allows for the continuation of the regular biennial
registration, already existing in the statutes. Similar
changes are made in statutes for non-commercial trailers.
Owners will be able to obtain permanent registration for an
additional fee of $25 above the normal registration fee.
Permanent registration is in effect until ownership of the
trailer changes. It also allows for the continuation of the
regular biennial registration, already existing in the
statutes. This change will make the DMV re-registration
process more user-friendly to the owners of qualifying
vehicles and trailers, while lightening the work load for
DMV by reducing the number of registrations processed.
Senator Hoffman wondered if the local option allowed for a
community to have non-commercial trailers eligibility.
Darrell Breese replied that the legislation allowed for a
community to adopt an ordinance to permit non-commercial
trailer eligibility.
Senator Dunleavy wondered why there should be any vehicle
registration at all. M. Breese replied that there were
safety, ownership, and liability issues that made vehicle
registration important.
Senator Bishop wondered if the bill only pertained to
unorganized boroughs and municipalities. Mr. Breese
responded in the affirmative.
Senator Bishop asked if the Fairbanks North Star Borough
was included. Mr. Breese replied that the borough was
included in combination with other boroughs. He looked at
his list of eligible communities, but did not see Fairbanks
included in the list.
10:40:32 AM
Senator Bishop understood that the legislation only
provided for an option for the community. Mr. Breese
agreed. He stated that the it was either an oversight to
not include Fairbanks in the motor vehicle tax list, or
Fairbanks did not collect motor vehicle tax.
REPRESENTATIVE BILL STOLTZE, expressed appreciation for the
committee's consideration of the legislation. He stated
that the fiscal concerns had been addressed.
AMY ERICKSON, DIRECTOR, DIVISION OF MOTOR VEHICLES,
DEPARTMENT OF ADMINISTRATION, ANCHORAGE (via
teleconference), commented that DMV would have no problem
implemented the legislation. She shared that permanent tabs
were already issued to seniors.
Representative Stoltze shared that Alaska was a fairly
transient state, and a person would be taking a gamble
considering whether their vehicle was worth the
registration increase. He felt that the fiscal impact was
minimal.
CSHB 19(RLS)(efd am) was HEARD and HELD in committee for
further consideration.
CS FOR HOUSE BILL NO. 263(HSS)
"An Act extending the Alaska senior benefits payment
program."
CSHB 263(HSS) was SCHEDULED but not HEARD.
ADJOURNMENT
10:46:16 AM
The meeting was adjourned at 10:46 a.m.