Legislature(1993 - 1994)
04/18/1994 01:55 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
April 18, 1994
1:55 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Dave Donley
Senator Suzanne Little
MEMBERS ABSENT
Senator Rick Halford, Vice-Chairman
Senator George Jacko
COMMITTEE CALENDAR
SENATE BILL NO. 268
"An Act relating to facilities for the care of children; to child
placement agencies; to maternity homes; to certain residential
facilities for adults; and to foster homes for adults; and
providing for an effective date."
SENATE BILL NO. 166
"An Act relating to registration of a motor vehicle, and issuance,
renewal, reinstatement, and revocation of a driver's license for
failure to appear in court or failure to pay a fine."
SENATE CONCURRENT RESOLUTION NO. 18
Requesting the governor to offer the United States Congress
$10,000,000,000 in cash, or other terms that may be negotiated
between the state and the federal government, to purchase all
federal land, water, or land and water, including any surface or
subsurface interests, in Alaska other than military reservations
and federal offices, to have the federal government relinquish all
dominion, control, and regulatory authority over all land, water,
or land and water, including surface or subsurface interests, in
Alaska other than military reservations and federal offices, and
providing a bonus if certain federal agencies are removed from the
state within six months of the federal sale to the state and
relinquishment of control.
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN)
"An Act relating to the power to levy property taxes in second
class cities."
CS FOR HOUSE BILL NO. 79(FIN) am
"An Act relating to recovery from a parent or legal guardian of
wilful or malicious destruction of property by a minor."
CS FOR HOUSE JOINT RESOLUTION NO. 50(RES)
Relating to the North Pacific Fishery Management Council
comprehensive rationalization plan.
PREVIOUS SENATE COMMITTEE ACTION
SB 268 - See Health, Education & Social Services minutes dated
4/8/94.
SB 166 - See Transportation minutes dated 4/12/94.
SCR 18 - See Resources minutes dated 4/8/94 and 4/11/94.
HB 397 - See Community & Regional Affairs minutes dated
3/22/94.
HB 79 - See Health, Education & Social Service minutes dated
2/2/94.
HJR 50 - See Resources dated 3/24/94 and 3/28/94.
WITNESS REGISTER
Pat O'Brien
Department of Health & Social Services
P.O. Box 110630
Juneau, AK 99811-0630
POSITION STATEMENT: Offered information on SB 268
Juanita Hensley, Chief of Driver Services
Division of Motor Vehicles
Department of Public Safety
P.O. Box 20020
Juneau, AK 99802-0020
POSITION STATEMENT: Offered information on SB 166
David Kamrath, Staff to Representative Harley Olberg
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 397
Representative Con Bunde
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 79
Patty Swenson, Staff to Representative Con Bunde
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 79
Vince Usera, Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions on HB 79
Kathy Tibbles
Division of Family & Youth Services
Department of Health & Social Services
P.O. Box 110630
Juneau, AK 99811-0630
POSITION STATEMENT: Responded to questions on HB 79
Cheryl Sutton, Staff to Representative Carl Moses
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HJR 50
ACTION NARRATIVE
TAPE 94-37, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:55 p.m. He brought SB 268 (COMMUNITY CARE FACILITIES)
before the committee as the first order of business.
PAT O'BRIEN, Department of Health & Social Services, explained that
SB 268 is a follow-up to two other pieces of legislation heard by
the committee: the bill on assisted living and the bill for
vulnerable adults. The provisions for licensing adult facilities
were taken out of the existing licensing law, and rather than
moving those provisions and leaving the remaining law that would
apply to children and family without change, it was decided to
update the entire law.
Ms. O'Brien directed attention to a chart outlining the number of
facilities and the kinds of facilities the department will license.
She pointed out that most of the facilities licensed are child
foster homes; the second largest number of facilities licensed are
child care homes; the third largest number of facilities licensed
are child care centers; etc. The chart also includes the adult
facilities. The department licenses more than 1,900 facilities
with a capacity to serve 13,600 individuals, either children or
dependent adults.
Ms. O'Brien spoke to the difficulties of the licensing procedures
that vary significantly for the different kinds of facilities. SB
268 compiles all of those various procedures that are currently in
regulations and puts them into statute, which will increase
efficiency.
Ms. O'Brien noted that the department has a proposed amendment
which will revise a change that was made in the Senate Health,
Education & Social Services Committee.
Number 103
SENATOR LITTLE asked what the difference was between a child family
care home and a foster home. MS. O'BRIEN explained that in a
foster home, the child is there for 24 hours a day, and, usually,
that child is in state custody and placed there by the department.
In a family child care home, those children are there for day care.
Number 131
SENATOR LITTLE moved the following amendment to CSSB 268(HES):
Page 6: Delete the text in lines 22 - 25, and insert new
subsections to read:
(2) for one or more children of any age placed by a parent
for a period of up to forty-five days;
(3) for one or more children nine years of age or older
placed by a parent for an extended period with either
(A) authorization for emergency medical care; or
(B) a consent to temporary custody;
Renumber the following subsections accordingly.
Page 22: Delete lines 9, 10, 11, 12 & 13
Page 22, line 8: Insert after "24-hour care", "on a continuing
basis of 45 days or more to one or more children who are apart from
their parents";
Ms. O'Brien explained that the amendment puts all of the exemptions
back in the exemptions sections to make it clear who is exempt and
who is not exempt.
After further discussion and questions on the amendment and hearing
no objection to the amendment, SENATOR TAYLOR stated the amendment
was adopted and would be incorporated into a Judiciary CS. He then
asked for the pleasure of the committee.
Number 200
SENATOR LITTLE moved that CSSB 268(JUD) be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
Number 210
SENATOR TAYLOR brought SB 166 (DRIVER'S LIC REVOC;PARKING
AUTHORITIES) before the committee as the next order of business.
JUANITA HENSLEY, Chief, Driver Services, Division of Motor
Vehicles, Department of Public Safety, directed her comments to a
proposed Judiciary CS.
Ms. Hensley explained the bill will allow the court to suspend a
drivers license of anyone who fails to appear in court or fails to
pay a fine for a moving violation. It will also allow putting a
hold on the vehicle registration electronically for unpaid parking
fines that will require full payment of all of an individual's
parking fines before their vehicle can be re-registered. The
actual notice of the suspension from the court would be the traffic
citation that the person is being issued. That traffic citation
will be revised to be the actual notice of suspension, so, if an
individual fails to pay the fine or fails to appear in court, the
court can then suspend their driving privilege until the individual
meets all of the requirements.
Number 255
SENATOR TAYLOR noted the states of Hawaii, Washington, Oregon and
California are using this same concept, and he commented this would
save Alaska's law enforcement people a lot of time because they are
constantly having to go out and serve bench warrants and do checks
on various people.
Number 264
SENATOR LITTLE asked how the suspension of the drivers license
would occur. MS. HENSLEY responded that the traffic citation
issued to an individual on the spot will be revised to provide that
it is a notice of license suspension if the individual fails to
appear in court or fails to pay a fine for the offense.
Speaking to the fiscal note, MS. HENSLEY pointed out that the court
system has advised that there are 25,000 failed to appear or failed
to pay traffic fines a year. It is estimated that the court will
suspend 10 percent of those. Based on historical background from
the Division of Motor Vehicles, 90 percent of all people whose
licenses are suspended or revoked will come in and reinstate.
Number 311
SENATOR DONLEY referred to the language on page 2, line 6,
"register the applicant's vehicle" and suggested changing it to
"any vehicle owned by the applicant," because an individual may own
more than one vehicle.
SENATOR TAYLOR moved that CSSB 166(JUD) be adopted. Hearing no
objection, it was so ordered.
SENATOR DONLEY moved his suggested amendment to page 2, line 6.
Hearing no objection, the amendment was adopted.
Number 338
SENATOR LITTLE asked why Sections 4 and 5 of the original bill were
deleted in the committee substitute. MS. HENSLEY clarified that
those sections dealt with reinstatement fees, and with them in the
bill, the state would not have been able to recoup the costs of
operating this program. She said it takes a certain amount of work
to reinstate a drivers license, and these individuals should be
subject to the same $100 reinstatement fee as anyone else whose
license is suspended or revoked.
Number 359
SENATOR TAYLOR asked for the pleasure of the committee.
SENATOR LITTLE moved that CSSB 166(JUD), as amended, be passed out
of committee with individual recommendations. Hearing no
objection, it was so ordered.
Number 382
SENATOR TAYLOR brought SCR 18 (PURCHASE FEDERAL LAND FROM THE U.S.) .)
before the committee. SENATOR LITTLE requested that the resolution
be held for consideration until the next meeting on Wednesday.
SENATOR TAYLOR stated SCR 18 would be held until Wednesday's
meeting.
Number 400
SENATOR TAYLOR introduced CSSSHB 397(FIN) (TAXING POWER OF SECOND
CLASS CITIES) as the next order of business.
DAVID KAMRATH, staff to Representative Harley Olberg, said AS
29.45.590 presents an operations and economic development problem
for second class cities. That law places a 5 mill limit on the
rate of real and personal property taxes that they may levy, and
given new and emerging fiscal problems of the state, which result
in less municipal assistance and revenue sharing, less state and
federal grant monies, and heavy competition for those scarce
dollars, second class cities face revenue shortfalls which threaten
their economic stability and hinder development.
Mr. Kamrath explained that HB 397 allows a second class city to
levy a property tax of 20 mills (2 percent) without a referendum.
However, the City of Whittier, which requested the legislation, is
not in favor of raising the millage rate without a referendum, and
he requested that the committee amend the bill to put the
referendum requirement back in the bill.
Number 443
SENATOR TAYLOR moved to reinsert the referendum requirement on page
1, line 5. Hearing no objection, he stated the amendment was
adopted and it would incorporated into a Judiciary SCS.
Number 461
SENATOR TAYLOR asked if Representative Olberg had looked at whether
a second class city like Whittier could establish a right to tax
the Alaska Railroad on its assets. MR. KAMRATH answered that that
issue was looked at last year and it was ruled that they could not
tax the railroad.
Number 475
SENATOR LITTLE inquired why these second class cities would not
consider reclassifying to a first class city, because that would
take away the taxation limits. MR. KAMRATH answered that to become
a first class city there has to be a population of 400 or more, and
the population of Whittier is currently 279.
Number 505
SENATOR TAYLOR asked for the pleasure of the committee.
SENATOR LITTLE moved that SCS CSSSHB 397(JUD) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
Number 510
SENATOR TAYLOR brought CSHB 79(FIN) am (DAMAGE TO PROPERTY BY
MINORS) before the committee as the next order of business.
PATTY SWENSON, staff to Representative Con Bunde, related the
intent of HB 79 is provide adequate compensation to organizations
or individuals whose property has been vandalized by minors. The
amount of compensation available in current statute is $2,000 and
the legislation will raise the amount to $25,000. She noted the
amounts awarded for vandalism in other states, under similar
statutes, range to $10,000 to $15,000, with California being the
highest at $25,000.
The bill also adds language to current statute that would release
parents or legal guardians from liability for damages caused by
minors who have run away or are missing, providing that the parent
or legal guardian makes a report of that person being missing or a
runaway.
Number 548
SENATOR DONLEY asked what happens when a parent kicks a minor out
of the house and some vandalism occurs. KATHY TIBBLES, Division of
Family & Youth Services, responded that it is her understanding
that unless the minor runs away and is reported as missing, the
parent is still responsible and can't abrogate that responsibility,
unless there was a petitioning to allow the court to emancipate the
minor. VINCE USERA, Assistant Attorney General, Department of Law,
pointed out that if the minor were under the legal custody of the
state, the parent would not be responsible. SENATOR DONLEY
expressed his concern that he didn't think the legislation was fair
to parents who may really be good parents, but just have a bad kid,
because there is nothing in the bill to provide them with any
relief.
TAPE 94-37, SIDE B
Number 035
SENATOR DONLEY commented that he didn't think parents could even
insure against this risk. MS. SWENSON said that some insurance
companies cover this and people do collect on their homeowner's
insurance for vandalism that was intentional by a minor.
Number 110
SENATOR TAYLOR also expressed concern with the $25,000 figure,
saying that it has been on the books for a number of years at
$2,000, and he would feel more comfortable with a lower number than
$25,000. REPRESENTATIVE BUNDE pointed out that this is a civil
action and the case would have to be pled before a court, and
whether the parents are culpable or not culpable should be part of
that proceeding. He thought if it were a jury trial the parents
would have an excellent chance of defending themselves. SENATOR
TAYLOR agreed that it was a civil action, but he said it doesn't
provide for any defense other than the defense of the child being
a runaway and the parent having filed a report.
Number 170
There was discussion on setting some reasonable standards or
defenses for the parents before they are liable. It was agreed
that the bill would be held in committee to be worked on so that
there would be a better consensus on it before reporting it out of
committee.
Number 290
SENATOR TAYLOR brought CSHJR 50(RES) (NPFMC COMPREHENSIVE
RATIONALIZATION PLAN) before the committee as the final order of
business.
CHERYL SUTTON, staff to Representative Carl Moses, said the
resolution reaffirms the importance of the shore-based processing
industry to Alaska and asks the North Pacific Fishery Management
Council to incorporate fairness, equal rights of access and equity
to this sector of the commercial fishing industry as it considers
its current comprehensive rationalization plan.
There being no other testimony on HJR 50, SENATOR TAYLOR asked for
the pleasure of the committee.
SENATOR DONLEY moved that CSHJR 50(RES) be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
There being no further business to come before the committee, the
meeting was adjourned at 3:10 p.m.
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