Legislature(1993 - 1994)
04/14/1994 01:40 PM Senate L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE LABOR AND COMMERCE COMMITTEE
April 14, 1994
1:40 P.M.
MEMBERS PRESENT
Senator Tim Kelly, Chairman
Senator Steve Rieger, Vice Chairman
Senator Bert Sharp
Senator Georgianna Lincoln
Senator Judith Salo
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HOUSE BILL NO. 403
"An Act requiring that automobile liability insurance include
coverage for uninsured or underinsured motor vehicles and an offer
of policy limits for that coverage equal to coverage voluntarily
purchased for bodily injury or death; and providing for an
effective date."
CS FOR HOUSE BILL NO. 358(STA)
"An Act allowing a mobile home owner to obtain a certificate of
title from the Department of Public Safety."
CS FOR HOUSE BILL NO. 300(JUD) am
"An Act relating to civil liability for commercial recreational
activities; and providing for an effective date."
CS FOR HOUSE BILL NO. 330(TRA)
"An Act relating to the use of natural gas as a motor vehicle fuel
in state-owned vehicles and to the Department of Transportation and
Public Facilities' authority to participate in joint ventures
related to natural gas."
CS FOR HOUSE BILL NO. 386(L&C) am
"An Act relating to the retirement rights of temporary hourly
employees hired by the legislature."
PREVIOUS ACTION
HB 403 - See Labor & Commerce minutes dated 4/12/94.
HB 358 - See Labor & Commerce minutes dated 4/12/94.
HB 300 - No previous action to record.
HB 330 - See Transportation minutes dated 4/5/94.
HB 386 - See Labor and Commerce minutes dated 4/14/94.
WITNESS REGISTER
Lynda Giguere, Legislative Aide
Representative Bill Hudson
State Capitol
Juneau, Ak. 99801-1182
POSITION STATEMENT: Commented on HB 300.
Dennis Mestas
Trail Warriors
745 W 4th.
Anchorage, Ak. 99515
POSITION STATEMENT: Opposed HB 300.
Karen Cowert, Director
Alaska Visitors Association
P.O. Box 102323
Anchorage, Ak. 99510
POSITION STATEMENT: Supported HB 300.
Roy Daw
23120 Live Alder
Chugiak, Ak. 99567
POSITION STATEMENT: Opposed HB 300
Clark Gruening
Alaska Visitors Association
Juneau, Ak. 99801
POSITION STATEMENT: Supported HB 300.
Nancy Lethcoe, President
Alaska Wilderness Recreation and Tourism Association
P.O. Box 1353
Valdez, Ak. 99686
POSITION STATEMENT: Supported HB 300.
Tim Benintendi, Legislative Aide
Representative Carl Moses
State Capitol
Juneau, Ak. 99801-1182
POSITION STATEMENT: Commented on HB 386.
Karla Schofield, Deputy Director
Division of Administrative Services
Legislative Affairs Agency
130 Seward St.
Juneau, Ak. 99801-2179
POSITION STATEMENT: Commented on HB 386.
Dr. Roger Eichman
9342 Glacier Hwy.
Juneau, Ak. 99801
POSITION STATEMENT: Nominee for Board of Dentistry.
ACTION NARRATIVE
TAPE 94-28, SIDE A
Number 001
CHAIRMAN KELLY called the Senate Labor and Commerce Committee
meeting to order at 1:40 p.m. and announced HB 403 (AUTOMOTIVE
LIABILITY INSURANCE COVERAGE) to be up for consideration. He said
they had received a letter of support from the Administration.
SENATOR SHARP moved to pass HB 403 from committee with individual
recommendations. There were no objections and it was so ordered.
SENATOR KELLY announced HB 358 (MOBILE HOME CERTIFICATES OF TITLE) )
to be up for consideration.
JOSH FINK, Legislative Aide to Senator Kelly, explained the CS.
SENATOR RIEGER moved to adopt the CS to HB 358. There were no
objections and it was so ordered.
SENATOR RIEGER moved to pass CSHB 358 from committee with
individual recommendations. There were no objections and it was so
ordered.
SENATOR KELLY announced HB 300 (LIABILITY: COMMERCIAL RECREATION
ACTIVITY) to be up for consideration.
LYNDA GIGUERE, Legislative Aide to Representative Hudson, said they
introduced HB 300 to establish the responsibilities of persons who
operate commercial outdoor recreational activities and persons who
participate in those activities. It, in no way, relieves
recreational businesses or operators from liability. It simply
establishes a framework that may decrease uncertainty regarding a
legal responsibility for injuries that result in participation in
these activities.
SENATOR LINCOLN asked what commercial recreational means exactly -
does one have to pay and does it have to be outdoor. MS. GIGUERE
said this addresses outside wilderness activities such as kayaking
and parasailing, etc.
DENNIS MESTAS, Trail Warriors, said HB 300 goes farther than it
should to establish what is intended. As written, it applies to
airlines and air charters, ferries, turbos, tour buses, river
boats, etc.
SENATOR KELLY commented that there wasn't much detail in this bill
regarding strengthening safety procedures that operators would have
to comply with as with the skiing liability bill.
Number 242
KAREN COWERT, Director, AVA, strongly supported HB 300. She said
the visitor industry has seen a lot of growth over the past 10
years. Visitors are wanting to participate more in the adventurous
side of Alaska. This legislation does not intend to absolve the
operator from neglect.
ROY DAW opposed HB 300, because as written, it would do harm to the
state.
CLARK GRUENING, Alaska Visitors Association, said there is some
confusion on whether this bill might be trying to establish
immunity for operators. The only place immunity is mentioned is in
reference to the ski liability bill and a section in Title 9
dealing with unimproved land. This bill does not deal with
immunity at all. It sets out responsibilities for participants and
operators. He said there is no intention to cover common carriage
transportation.
SENATOR SALO said even though the bill doesn't establish immunity,
it does establish a shared responsibility.
MR. GRUENING agreed.
NANCY LETHCOE, President, Alaska Wilderness Recreation and Tourism
Association, said they see this bill as an accident prevention
bill. It sets minimum guidelines for commercial recreation
businesses, establishes responsibility of the participants
themselves, gives some protection against insurance scams, and it
might, in the long run, reduce insurance rates.
As new people enter the industry, it is important to establish
minimum standards and guidelines.
SENATOR KELLY said he would put this bill aside so they could look
at some possible amendments.
SENATOR KELLY announced a recess from 2:13 - 2:23 p.m.
SENATOR KELLY announced HB 330 (FUEL STATE AUTO FLEET WITH NATURAL L
GAS) to be up for consideration.
REPRESENTATIVE JOE GREEN, Sponsor, said this bill would go a long
way toward correcting air pollution in cities by burning a clean
burning fuel to reduce the C O content in the air. This would be
step 1 in the effective use of natural gas or alternate fuel. In
addition to more mileage, the wear on engines is greatly reduced.
He said conversions are available. The problem now is that we
don't have the tankage or the refueling facilities.
SENATOR SHARP moved to pass CS for HB 330 (TRA) from committee with
individual recommendations. There were no objections and it was so
ordered.
SENATOR KELLY announced HB 386 (RETIREMENT RTS:HRLY LEGISLATIVE
EMPLOYEES) to be up for consideration.
TIM BENINTENDI, Legislative Aide to Representative Moses, said HB
386 allows the Legislative Affairs Agency to hire temporary hourly
employees without having to provide retirement benefits. The
proposed CS also allows flexibility so that retirees can take some
of these temporary part time jobs without worrying about their
retirement being modified or disrupted.
TAPE 94-28, SIDE B
Number 580
SENATOR SALO asked if there was a position from the employees
association. MR. BENINTENDI said there was none and all the other
agencies of state government have the option to hire this way.
SENATOR SALO asked if there was a regulation on total number of
hours to be a temporary. MR. BENINTENDI said he wasn't aware of
one.
SENATOR RIEGER asked if you get the same amount of pay with or
without the retirement benefit if you are temporary.
KARLA SCHOFIELD, Deputy Director, Administrative Services,
explained that under this bill, the employer would not have to pay
employer charges on it and the employee wouldn't have to pay 6.75%
of their salary into the retirement system. She explained that the
positions include summer tour guides and packers to move the
legislators back and forth. She said it would save the employer
money and give an employee the option of not being in a retirement
system with a temporary job.
SENATOR RIEGER moved to adopt the CS to HB 386. There were no
objection and it was so ordered.
SENATOR RIEGER moved to pass CSHB 386 (L&C) from committee with
individual recommendations. There were no objections and it was so
ordered.
SENATOR KELLY adjourned the meeting at 3:41 p.m.
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