Legislature(1993 - 1994)
04/11/1994 09:12 AM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
April 11, 1994
9:12 a.m.
MEMBERS PRESENT
Senator Loren Leman, Chair
Senator Mike Miller, Vice Chair
Senator Robin Taylor
Senator Johnny Ellis
MEMBERS ABSENT
Senator Jim Duncan
COMMITTEE CALENDAR
HOUSE BILL NO. 491
"An Act relating to reports by the Alaska Science and Technology
Foundation."
CS FOR HOUSE BILL NO. 299(FIN) am
"An Act relating to revocation of a driver's license for illegal
possession or use of a controlled substance or illegal possession
or consumption of alcohol by a person at least 14 but not yet 21
years of age; to fees for reinstatement of a driver's license; and
providing for an effective date."
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(CRA)(title am)
"An Act relating to the titles that describe the two principal
executive officers of electric and telephone cooperatives."
HOUSE BILL NO. 504
"An Act relating to sale of alcoholic beverages to military
personnel who are guests in certain clubs."
SENATE JOINT RESOLUTION NO. 50
Requesting the governor to file suit in the United States Supreme
Court against the United States government alleging violations of
the civil rights of Americans listed as prisoners of war or missing
in action in Southeast Asia; and requesting the other states to
join in this suit.
HOUSE BILL NO. 402
"An Act requiring that an owner's motor vehicle liability insurance
policy used as proof of financial responsibility designate by
description or appropriate reference the motor vehicles it covers;
and providing for an effective date."
SENATE CONCURRENT RESOLUTION NO. 19
Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska
State Legislature concerning House Joint Resolution No. 43,
relating to a constitutional amendment concerning victims of crime.
PREVIOUS SENATE COMMITTEE ACTION
HB 491 - No previous senate committee action.
HB 299 - No previous senate committee action.
HB 497 - No previous senate committee action.
HB 504 - No previous senate committee action.
SJR 50 - No previous senate committee action.
HB 402 - See State Affairs minutes dated 3/30/94 and 4/6/94.
SCR 19 - No previous senate committee action.
WITNESS REGISTER
Representative Al Vezey
State Capitol, Juneau, AK 99801-1182¶465-3719
POSITION STATEMENT: prime sponsor of HB 491
POSITION STATEMENT: testified on HB 299
Representative Cynthia Toohey
State Capitol, Juneau, AK 99801-1182¶465-4919
POSITION STATEMENT: prime sponsor of HB 299
Margot Knuth, Assistant Attorney General
Criminal Division
Department of Law
P.O. Box 110300, Juneau, AK 99811-0300¶465-3428
POSITION STATEMENT: testified on HB 299
Jeff Logan, Aide
Representative Green
State Capitol, Juneau, AK 99801-1182¶465-4931
POSITION STATEMENT: prime sponsor of HB 497
Larry Markley
Alaska Rural Electric Cooperative Association
Alaska Telephone Association
Rt. 1, Box 130-A, Mt. Solon, VA 22843
(907)463-3636 or (703)886-4275
POSITION STATEMENT: testified on HB 497
Tim Sullivan, Aide
Representative Mulder
State Capitol, Juneau, AK 99801-1182¶465-2647
POSITION STATEMENT: prime sponsor of HB 504
Dave Thompson, Aide
Senate Rules Committee
State Capitol, Juneau, AK 99801-1182¶465-4958
POSITION STATEMENT: prime sponsor of SJR 50
ACTION NARRATIVE
TAPE 94-25, SIDE A
Number 001
CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at
9:12 a.m.
Number 010
CHAIRMAN LEMAN brings up HB 491 (REPORTS BY SCIENCE & TECH
FOUNDATION) as the first order of business before the Senate State
Affairs Committee. The chairman calls the prime sponsor of HB 491
to testify.
Number 012
REPRESENTATIVE AL VEZEY, prime sponsor of HB 491, states the
motivation behind the bill is that it was obvious to him that the
annual report and the fiscal report of the Alaska Science and
Technology Foundation are not on concurrent time frames.
CHAIRMAN LEMAN states there was recently a bill before the Senate
State Affairs Committee stating the reports should be done by
December 16.
REPRESENTATIVE VEZEY responds he thinks the bill the chairman is
referring to addresses a different report. Currently, the Science
& Technology Foundation report is based on a calendar year; SB 491
would change that to a fiscal year.
Number 052
CHAIRMAN LEMAN asks Representative Vezey if the Alaska Science &
Technology Foundation supports HB 491.
REPRESENTATIVE VEZEY states they are supportive of HB 491.
However, they were nervous that the bill would be used as a vehicle
to appropriate funds from the Alaska Science & Technology Fund to
the general fund.
CHAIRMAN LEMAN asks if there are any questions from committee
members and if there is anyone in the audience who wishes to
testify.
Number 060
SENATOR TAYLOR comments the governor's omnibus bill contained
language addressing timelines for several reports. It would seem
logical to consider including HB 491 within the governor's omnibus
bill.
REPRESENTATIVE VEZEY responds to Senator Taylor's comments, saying
the vehicle Senator Taylor is referring to was not before the
legislature at the time he filed HB 491. He has not made an effort
to see if HB 491 could be incorporated into that bill.
CHAIRMAN LEMAN says, to be consistent with the other bill, the
committee should perhaps consider requiring the report to be
finished by December 16.
REPRESENTATIVE VEZEY states there are some problems with HB 530.
CHAIRMAN LEMAN asks Representative Vezey if he has any problems
with changing the date in HB 491 to December 16.
REPRESENTATIVE VEZEY does not think that would be a problem.
Number 106
SENATOR TAYLOR makes a motion to amend HB 491 on page 1, line 6,
delete "January 15", and inserting "December 16".
CHAIRMAN LEMAN asks if everyone understands that amendment. The
chairman asks if there are any comments or objections to the
amendment. Hearing none, the chairman states Senator Taylor's
amendment has been adopted.
Number 115
SENATOR TAYLOR makes a motion to discharge HB 491 from the Senate
State Affairs Committee with individual recommendations.
CHAIRMAN LEMAN, hearing no objection, orders HB 491 released from
committee with individual recommendations.
Number 125
CHAIRMAN LEMAN brings up HB 299 (DRIVER'S LIC REVOCATION; ALCOHOL
/ DRUGS) as the next order of business before the Senate State
Affairs Committee. The chairman calls the prime sponsor to
testify.
Number 127
REPRESENTATIVE CYNTHIA TOOHEY, prime sponsor of HB 299, thanks the
committee for the opportunity to testify and reads the sponsor
statement on HB 299. Representative Toohey introduces Ms. Knuth
and Mr. Ford.
CHAIRMAN LEMAN asks if there are any questions of Representative
Toohey.
Number 174
SENATOR TAYLOR asks if the revocation or suspension of driving
priveleges would require that person to provide an SR22 to the
Division of Motor Vehicles before their privileges are reinstated.
REPRESENTATIVE TOOHEY states they would not have to do so.
SENATOR TAYLOR asks why we would want to allow young people who
have been caught drinking, to drive without proof of motor vehicle
insurance.
Number 190
MARGOT KNUTH, Assistant Attorney General, Criminal Division,
Department of Law believes that the Department of Public safety was
concerned that since this is revoking the privilege to drive, and
not necessarily revoking a drivers' license- she doesn't recall
whether- Ms. Hensley is out of town today.
REPRESENTATIVE TOOHEY adds this question was asked and satisfied.
Number 201
REPRSENATIVE VEZEY also adds that this is not a DWI or drunk
driving bill, this is a penalty for minor consuming, and does not
necessarily have anything to do with a person driving while
intoxicated.
SENATOR TAYLOR responds he understands that aspect of HB 299. If
a person is a dangerous driver, even if drinking did not contribute
to their dangerous driving, they can get their license suspended.
Number 228
MS. KNUTH states it has been brought to her attention that under
AS 22.15.185, under court revocation of a minor's license to drive,
the department may not require proof of financial responsibility
before restoring or issuing the person's drivers' license. It
would cause a problem if Alaska Statute were to specify that SR22's
are not required for court revocation of a minor's driving
privileges, but SR22's are required for administrative revocation
of a minor's driving privileges.
SENATOR TAYLOR asks if all other administrative revocations require
an SR22
MS. KNUTH replies she does not believe that is the case.
REPRESENTATIVE TOOHEY adds that if the administrative revocation
occured because the person was driving while intoxicated, then that
person would have to submit an SR22 before having their license
reinstated.
MS. KNUTH states the distinction between revoking the license of
someone who was driving while intoxicated, someone who was driving
recklessly, and someone who was drinking underage, is that the
person who losses their driving privileges for a non-driving
offense cannot be required to file an SR22.
REPRESENTATIVE VEZEY comments it is his understanding that DMV will
not reissue a revoked license without proof of insurance. SR22's
are but one form of a proof of insurance. SR22 is the form that is
issued when a person is not eligible for motor vehicle insurance
other than from a high-risk pool.
CHAIRMAN LEMAN asks if anyone else wishes to testify on HB 299.
The chairman states it is his intent to move the bill today.
Number 297
SENATOR MILLER makes a motion to discharge HB 299 from the Senate
State Affairs Committee with individual recommendations.
CHAIRMAN LEMAN, hearing no objection, orders HB 299 released from
committee with individual recommendations.
Number 302
CHAIRMAN LEMAN brings up HB 497 (OFFICERS OF UTILITY COOPERATIVES)
as the next order of business before the Senate State Affairs
Committee today. The chairman calls the first witness.
Number 305
JEFF LOGAN, Aide to Representative Green, states current statutes
require that the presiding officer of an electrical or telephone
cooperative be called a "president". This has created a small
problem with the states largest utility. Mr. Logan describes the
problem as being one of respect. If corporations were allowed to
refer to the presiding officer of the board as the chairman or
chairwoman of the board, it would free up the title of "president"
for the person who manages the day-to-day operation of the utility.
CHAIRMAN LEMAN asks if there are any questions from committee
members. Hearing none, the chairman asks if anyone in the audience
wishes to testify.
Number 339
LARRY MARKLEY, Representing the Alaska Rural Electric Cooperative
Association (ARECA) and the Alaska Telephone Association (ATA),
states both ARECA and ATA support HB 497. Mr. Markley asks the
committee for its support.
Number 364
SENATOR MILLER makes a motion to discharge HB 497 from the Senate
State Affairs Committee with individual recommendations.
CHAIRMAN LEMAN, hearing no objection, orders HB 497 released from
committee with individual recommendations.
Number 368
CHAIRMAN LEMAN brings up HB 504 (SALE OF ALCOHOL IN CLUBS) as the
next order of business before the Senate State Affairs Committee
today.
Number 369
TIM SULLIVAN, Aide to Representative Mulder, reads the sponsor
statement to HB 504.
CHAIRMAN LEMAN asks if there has been any testimony from the
American Legion or the Veterans' of Foreign Wars.
MR. SULLIVAN responds the committee members should have a letter in
their bill files from the VFW and the American Legion supporting
HB 504.
Number 382
SENATOR MILLER makes a motion to discharge HB 504 from the Senate
State Affairs Committee with individual recommendations.
CHAIRMAN LEMAN, hearing no objection, orders HB 504 released from
committee with individual recommendations.
Number 385
CHAIRMAN LEMAN brings up SJR 50 (SUIT RE POWS & MIAS AGAINST U.S.
& OTHERS) as the next order of business before the Senate State
Affairs Committee and calls the first witness.
Number 390
DAVE THOMPSON, Aide to the Senate Rules Committee, states the
resolution was introduced by the Senate Rules Committee by request.
Mr. Thompson says there are two Alaskans who are still missing in
action (mia) from the Vietnam War. There is a companion house
resolution, which is stalled. There is a zero fiscal note. The
American Legion Executive Committee voted unanimously to support
passage of this resolution.
CHAIRMAN LEMAN asks if there are any questions of Mr. Thompson.
Hearing none, he asks if anyone in the audience wishes to testify.
Number 407
SENATOR MILLER makes a motion to discharge SJR 50 from the Senate
State Affairs Committee with individual recommendations.
CHAIRMAN LEMAN, hearing no objection, orders SJR 50 released from
committee with individual recommendations.
Number 410
CHAIRMAN LEMAN brings up HB 402 (PROOF OF MOTOR VEHICLE INSURANCE)
as the next order of business before the Senate State Affairs
Committee. The chairman states he would like to move the bill from
committee today.
Number 415
SENATOR MILLER makes a motion to discharge HB 402 from the Senate
State Affairs Committee with individual recommendations.
CHAIRMAN LEMAN, hearing no objection, orders HB 402 released from
committee with individual recommendations.
Number 418
CHAIRMAN LEMAN brings up SCR 19 (SUSPEND UNIFORM RULES FOR HJR 43)
as the next order of business before the Senate State Affairs
Committee.
Number 422
SENATOR MILLER makes a motion to discharge SCR 19 from the Senate
State Affairs Committee with individual recommendations.
CHAIRMAN LEMAN, hearing no objection, orders SCR 19 released from
committee with individual recommendations.
CHAIRMAN LEMAN adjourns the Senate State Affairs Committee meeting
at 9:42 a.m.
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