Legislature(2013 - 2014)BUTROVICH 205
03/18/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SCR17 | |
| SB206 | |
| SB174 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SCR 17 | TELECONFERENCED | |
| *+ | SB 206 | TELECONFERENCED | |
| *+ | SB 174 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 18, 2014
9:02 a.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Cathy Giessel, Vice Chair
Senator John Coghill
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Bert Stedman
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 17
Commemorating the 150th anniversary of the purchase of Alaska
for $7,200,000; urging Alaska communities to plan activities and
events in 2017 to commemorate the Alaska Purchase; requesting
that the Alaska Historical Commission coordinate events; and
inviting Alaska communities, schools, universities, libraries,
museums, businesses, civic and historical groups, and government
agencies to participate in and support commemorative activities
and events.
- MOVED SCR 17 OUT OF COMMITTEE
SENATE BILL NO. 206
"An Act relating to motor vehicle registration and fees;
relating to licensing of school bus drivers; relating to notice
of an accident involving a motor vehicle; and providing for an
effective date."
- HEARD & HELD
SENATE BILL NO. 174
"An Act relating to the procurement of leases for legislative
office space."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SCR 17
SHORT TITLE: 150TH ANNIVERSARY OF ALASKA PURCHASE
SPONSOR(s): RULES
02/26/14 (S) READ THE FIRST TIME - REFERRALS
02/26/14 (S) STA
03/18/14 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 206
SHORT TITLE: VEHICLE REGIS/LICENSING/ACCIDENT REPORTS
SPONSOR(s): MICCICHE
02/26/14 (S) READ THE FIRST TIME - REFERRALS
02/26/14 (S) STA
03/18/14 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 174
SHORT TITLE: LEASES FOR LEGISLATIVE OFFICE SPACE
SPONSOR(s): WIELECHOWSKI
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) STA, FIN
03/18/14 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
ERIN HANSON, Staff
Senator McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SCR 17.
BARBARA PROPES, Staff
Office of the Lieutenant Governor
Alaska State Capitol
Juneau, Alaska
POSITION STATEMENT: Addressed the 150th Anniversary of the
Alaska Purchase in 2017.
SENATOR PETER MICCICHE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: SB 206 sponsor.
LARRY SEMMENS, Staff
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Addressed questions pertaining to SB 206.
AMY ERICKSON, Director
Division of Motor Vehicles (DMV)
Alaska Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Addressed DMV related questions regarding SB
206.
TIFFANY THOMAS, Driver Licensing Manager
Division of Motor Vehicles (DMV)
Alaska Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Addressed DMV related questions regarding SB
206.
LIEUTENANT RODNEY DIAL, Deputy Commander
Division of Alaska State Troopers (AST)
Alaska Department of Public Safety
Ketchikan, Alaska
POSITION STATEMENT: Addressed AST related questions pertaining
to SB 206.
ANNE CARPENETI, Assistant Attorney General
Criminal Division
State of Alaska Department of Law (ADOL)
Juneau, Alaska
POSITION STATEMENT: Addressed ADOL related questions regarding
SB 206.
MONICA SOUTHWORTH, Staff
Senator Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 174.
ACTION NARRATIVE
9:02:38 AM
VICE-CHAIR CATHY GIESSEL called the Senate State Affairs
Standing Committee meeting to order at 9:02 a.m. Present at the
call to order were Senators Coghill, Wielechowski, and Vice-
Chair Giessel.
SCR 17-150TH ANNIVERSARY OF ALASKA PURCHASE
9:03:28 AM
ERIN HANSON, Staff, Senator McGuire, Alaska State Legislature,
Juneau, Alaska, provided an overview of SCR 17 as follows:
SCR-17 is a resolution commemorating the 150th
anniversary of the purchase of Alaska for $7.2
million. Urging Alaskan communities to plan activities
and events in 2017 to commemorate the Alaska purchase.
Requesting that the Alaska Historical Commission (AHC)
coordinate events and inviting Alaska communities,
schools, universities, libraries, museums, businesses,
civic and historical groups, and government agencies
to participate in and support commemorative activities
and events. As Alaskans we all share a unique and
special pride in our great state, from rich Alaska
native heritage, to our unparalleled natural
resources, our majestic landscapes, to our diverse
communities, plus some of the most caring and
resilient people in the country. This resolution gives
us the opportunity to reflect on the history of Alaska
under the American flag and share with the rest of the
nation what makes our state so strong. The United
States purchased Alaska from Russia in 1867 for $7.2
million, or about 2 cents an acre. The 150th
Anniversary of the purchase is an ideal opportunity
for all Alaskans to celebrate our state's remarkable
history. SCR 17 recognizes the historic significance
of the anniversary of the purchase and encourages all
Alaskan communities to participate in celebration
statewide.
She noted that SCR 17 comes with a zero fiscal note.
9:05:28 AM
SENATOR WIELECHOWSKI pointed out that "sesquicentennial" is
defined as 150 years.
SENATOR COGHILL remarked that it is important for Alaskans to
begin to look at Alaska's sesquicentennial from the time of the
purchase until now. He pointed out that Alaska was purchased by
the federal government and the state was ultimately granted 104
million acres. He noted that the Alaska was probably one of the
largest geographic transfers that was done without bloodshed.
9:07:20 AM
BARBARA PROPES, Staff, Office of the Lieutenant Governor, Alaska
State Capitol, Juneau, Alaska, said AHC has been working on the
sesquicentennial event and noted that interest and support was
growing across the state. She pointed out that AHC has been
working considerably with the native communities to make sure
all sides are heard. She added that AHC has reached out to
Seattle and other states that have been affected by Alaska. She
said the hope is for the sesquicentennial event to gain national
appeal as well.
SENATOR COGHILL asked what organization will be overseeing the
event.
MS. PROPES answered the Alaska Historical Commission (AHC). She
noted that by statute, the Lieutenant Governor serves on AHC and
currently acts as Chair. She added that she is the current point
of contact for the sesquicentennial event.
SENATOR COGHILL noted the importance in having Alaskans learn
about their state's history and its impact on addressing present
day issues.
9:09:14 AM
VICE-CHAIR GIESSEL announced that seeing no additional requests
for testimony, public testimony is closed.
9:09:22 AM
SENATOR COGHILL moved to report SCR 17 from committee with
individual recommendations and attached zero fiscal note.
9:09:34 AM
VICE-CHAIR GIESSEL declared that seeing no objections, SCR 17
moves from committee.
9:09:38 AM
VICE-CHAIR GIESSEL announced that the committee will stand at
ease.
SB 206-VEHICLE REGIS/LICENSING/ACCIDENT REPORTS
9:10:16 AM
VICE-CHAIR GIESSEL called the committee back to order. She
announced the consideration of SB 206.
9:10:22 AM
SENATOR PETER MICCICHE, Alaska State Legislature, Juneau,
Alaska, SB 206 sponsor.
LARRY SEMMENS, Staff, Alaska State Legislature, Juneau, Alaska.
SENATOR MICCICHE said SB 206 is an act relating to motor vehicle
registration, school bus driver licensing, and motor vehicle
accident notice. He explained that SB 206 is his vision to allow
Alaskans to use the internet to manage their DMV fees and
licensing requirements in the same manner as other purchasing
and billing activities that are done online.
He specified that SB 206 will do the following:
1. Allows DMV to use the internet to increase customer
service efficiency.
2. Ultimately reduces DMV's operational costs.
3. Places into statute a $10 service fee for in-person
vehicle renewals.
4. Allows DMV to receive immediate electronic accident
reports from law enforcement agencies.
5. Modifies the statutes governing the licensing process
for school bus drivers.
He addressed the present school bus driver licensing parameters
and asserted that there are individuals that should not be left
alone with young children. He added that SB 206 has a zero
fiscal note.
SENATOR WIELECHOWSKI declared that he supports allowing people
to renew their licenses by using the internet. He asked how
licensing renewal would occur without an updated photograph.
9:14:58 AM
AMY ERICKSON, Director, Division of Motor Vehicles (DMV), Alaska
Department of Administration, Anchorage, Alaska, replied that an
individual may use the photograph they used last time.
SENATOR WIELECHOWSKI asked how the licensing and renewal process
will work, particularly with photographs and identification
documentation.
MS. ERICKSON replied that internet use will only be for
renewals. She specified that drivers will have to establish
their identity with a photograph prior to future renewals.
SENATOR WIELECHOWSKI asked how many years an on-file photograph
may be used.
MS. ERICKSON answered for ten years. She explained that an
approved license is good for five years and a renewal with the
same photograph for another five years.
SENATOR WIELECHOWSKI asked if a person will have to come back to
the DMV after ten years.
MS. ERICKSON answered yes.
SENATOR MICCICHE noted that his internet vision for DMV extends
beyond driver's license renewals. He explained that small
businesses and fleet managers would benefit from increased
efficiency when managing multiple vehicles or trailers.
VICE-CHAIR GIESSEL asked Tiffany Thomas to elaborate on the
photo and other credential requirements for renewals and
original licenses.
9:17:55 AM
TIFFANY THOMAS, Driver Licensing Manager, Division of Motor
Vehicles (DMV), Alaska Department of Administration, Anchorage,
Alaska, replied that Director Erickson actually touched on
everything that she would have explained regarding photo
validity and licensing in rural communities without photo. She
said SB 206 specifies renew-only as opposed to an original
license, making online renewal a simple process.
SENATOR COGHILL addressed Section 1 and asked to clarify that
DMV may deliver notice by e-mail or postal mail.
MS. ERICKSON answered correct. She explained that a person may
choose to be notified by e-mail instead of by mail.
VICE-CHAIR GIESSEL noted in Section 2 that reference is made to
an emissions inspection station. She asked how many communities
have emission credentialing for vehicles.
SENATOR MICCICHE answered that no communities currently do, but
the language is kept in statute should a community choose to do
so.
VICE-CHAIR GIESSEL noted additional language from Section 2 that
addressed "contract office." She asked if a contract office was
DMV's business partnerships.
SENATOR MICCICHE answered yes.
SENATOR COGHILL addressed Sections 4 and 5. He asked what was
repealed and reenacted that was significantly different than
what was already in statute. He called attention to AS
28.15.046(c) and (d).
9:20:42 AM
SENATOR MICCICHE explained Section 4, AS 28.15.046(c) as
follows:
This section is being repealed and reenacted to allow
for a restructuring of the disqualifying offenses for
a school bus driver in the state. The statute as
currently written only allows the DMV to deny an
application for a school bus license if a person has
been convicted within a 20 year period of the
following offenses:
1. Sexual abuse of a minor in any degree;
2. Sexual assault in any degree;
3. Incest under AS 11.41.450;
4. Unlawful exploitation of a minor;
5. Contributing to the delinquency of a minor;
6. Felony involving possession of a controlled or
imitation controlled substance;
7. Felony or misdemeanor involving distribution of a
controlled or imitation controlled substance;
8. Sex trafficking in the first or second degree;
and
9. Indecent exposure.
He explained that the statute as currently written did not allow
for DMV to deny an application of a person who was convicted of
a serious felony assault on an infant. He said the reenacted
statute will significantly add to the disqualifying offenses in
AS 28.15.046(c) by allowing the DMV to deny a license to a
convicted person.
He explained that his goal as a sponsor is not to make it
difficult for a nonviolent, nonsexual, or non-serious drug
related person to get back into the workforce. He explained that
the new section simply separates those who should not be driving
a school bus with children. He asked the committee to look at
the listed felonies to decide on the right mix.
SENATOR COGHILL said his intent to understand what is new prior
to voting on SB 206. He remarked that he understands the
qualification level and the public safety needs. He noted his
concern for the possibility of someone claiming improper
treatment for looking back ten years.
9:24:22 AM
MS. ERICKSON replied that the genesis for the bill occurred last
year when a DMV licensing manager reviewed a person's
application who had been convicted of a felony against an infant
in another state and that was not a disqualifier in Alaska
because the offense was not sexual in nature. She revealed that
the application paradox was brought to the Governor's attention.
She pointed out that the changes made by SB 206 mirror the
Department of Social Services' barrier for service providers.
She noted the only exceptions were misdemeanor prostitution,
driving under the influence (DUI), and DUI testing refusal.
SENATOR COGHILL replied that he totally understands what Ms.
Erickson was asserting and set forth that he does not want
people who are unsafe when working with children. He noted his
concern for the extensive criminal provisions and going back
from two to ten years. He remarked that he may have to ask for
the bill to go to the Senate Judiciary Committee (SJC).
VICE-CHAIR GIESSEL asked if Lieutenant Dial had any comment to
Senator Coghill's discussion of the bill's legal implications.
9:27:20 AM
LIEUTENANT RODNEY DIAL, Deputy Commander, Division of Alaska
State Troopers, Department of Public Safety, Ketchikan, Alaska,
replied that he would have to defer to the Department of Law.
SENATOR MICCICHE noted that Ms. Anne Carpeneti, Assistant
Attorney General, will be available to answer questions.
SENATOR COGHILL specified that he needs to understand the
reenactments and new laws in the bill. He said he probably will
want the bill to go the SJC if he thought that it fits.
SENATOR MICCICHE replied that Section 4 is about protecting
young children and asserted that the statute was a labor issue.
He said he will fight to not allow Alaska's kids from not being
protected. He conceded that Section 5 was a different issue and
welcomed the opportunity to meet with Senator Coghill and answer
his questions.
SENATOR COGHILL pointed out that he does not necessarily have to
have the bill go to the SJC and noted that three State Affairs
Committee members served on the SJC. He reiterated that he needs
to understand SB 206 more thoroughly. He asked if there was
another version of SB 206 in the House.
SENATOR MICCICHE replied no.
SENATOR COGHILL remarked that there were 30 days left to address
SB 206.
SENATOR MICCICHE answered yes.
VICE-CHAIR GIESSEL noted that Ms. Carpeneti had joined the
meeting and asked that she address Senator Coghill's questions
regarding Sections 4 and 5 in SB 206.
9:31:29 AM
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
State of Alaska Department of Law, Juneau, Alaska.
SENATOR COGHILL stated that his issues include the repeal and
reenactment of AS 28.15.046(c) and (d) with a new crime. Section
3, AS 28.15.046(b), the look-back goes from 2 years to 10 years.
He explained that his intent was to understand the new law and
find out if the ten year look-back was legal.
MS. CARPENETI replied that the look-back addresses the records
and not necessarily to a crime. She explained that the statute
asks where an applicant has resided for the past ten years and
not necessarily a crime on their records. She said it doesn't
hurt to put a ten year look-back on the records and noted that a
finger print based record will show up anyway.
SENATOR COGHILL asked Ms. Carpeneti to verify that an extended
look-back is allowed. He asked if a national crime record system
would be used.
MS. CARPENETI answered yes and noted that all activities will be
shown on the system.
SENATOR COGHILL asked to verify that the difference in a
background check from two years to ten years is not considered
significant for a bus driver license applicant.
MS. CARPENETI answered yes. She detailed that a finger print
based record would go all of the way back.
9:34:54 AM
SENATOR COGHILL asked Ms. Carpeneti to address AS 28.15.046(c)
and point out the difference from the previous statute.
MS. CARPENETI noted that sexual abuse of a minor is covered
under the new law.
SENATOR COGHILL replied that sexual abuse of a minor is covered
in the old law.
MS. CARPENETI answered yes, but the new statute adds "attempt."
She detailed that the statute states that the department may not
issue a license to an applicant who has been convicted of a
violation, or an attempt, solicitation, or conspiracy to commit
a violation of murder, homicide, assault, and various sex
crimes. She explained that AS 11.41.360 to AS 11.41.530 adds
inchoate crimes as well as endangering the welfare of a child.
She asked if Senator Coghill had any particular crime that he
had concerns with. She noted that one concern was to address a
person who has committed child pornography crimes.
9:36:57 AM
SENATOR MICCICHE addressed the new listings under Section 4, AS
28.15.046(c) as follows:
1. (1)(D) Felony indecent viewing or photography
under AS 11.61.123;
2. (1)(E) Distribution of child pornography under AS
11.61.125;
3. (1)(F) Possession of child pornography under AS
11.61.127;
4. (1)(G) Distribution of indecent material to
minors under AS 11.61.128;
5. (1)(H) Felony prostitution under AS 11.66.100(c);
6. (1)(K) Felony violation under AS 28.35.030(n) or
28.35.032(p).
MS. CARPENETI noted that (1)(K) was felony drunk driving and
felony refusal.
SENATOR COGHILL asked to confirm that the statutory listings
were new. He remarked that all of the listed offenses were
appropriate.
SENATOR MICCICHE answered yes. He said the additional new
listings in Section 4, AS 28.15.046(c) included the following:
7. (2)(A) Assault in the fourth degree under AS
11.41.230;
8. (2)(B) Reckless endangerment under AS 11.41.250;
9. (2)(C) Misdemeanor prostitution under AS
11.66.100(a)(2);
10.(2)(D) Misdemeanor violation of endangering the
welfare of a child in the first degree under
AS 11.51.100.
SENATOR MICCICHE addressed (c)(2)(A) and (c)(2)(B) and noted
that he was not sure if the proposed statutes potentially
endangered the welfare of a child.
9:39:01 AM
MS. CARPENETI explained that the provisions under Section 4,
subsection (c), paragraph 1, are the more serious crimes where a
person will never be considered eligible for having a license to
drive a school bus.
VICE-CHAIR GIESSEL asked if the serious crimes would be
considered barrier crimes.
MS. CARPENETI answered yes. She noted that under Section 4,
subsection (c), paragraph 2, assault in the fourth degree and
reckless endangerment would be considered limited-time barrier
crimes for two years after a person has been unconditionally
discharged from probation or parole.
SENATOR COGHILL asked to confirm that barrier crimes do not have
other legal ramifications for disqualifying a bus driver
applicant and bring double jeopardy into question.
MS. CARPENETI answered no. She explained that SB 206 addresses
the legislature's policy statement for an appropriate person to
get a school bus driver's license. She advised that SB 206's
statute changes would not be considered additional punishment.
SENATOR COGHILL asked to verify that Section 5 addresses DUI
offenses.
MS. CARPENETI answered yes. She specified that the statutes
address first and second DUI convictions, or DUI testing refusal
convictions that do not add up to a felony during a certain time
period.
SENATOR COGHILL asked to confirm that there are two, five, and
ten year barriers.
MS. CARPENETI answered correct.
SENATOR COGHILL asked Ms. Carpeneti to address AS 28.33.040(a)
regarding the refusal to commit to a test and the 10 year
barrier associated with the refusal.
9:42:09 AM
MS. CARPENETI explained that two years must elapse from an
unconditional discharge for a first time DUI or DUI testing
refusal conviction. She added that for a second DUI or DUI
testing refusal, five years must have elapsed for the second
offense and 10 years for the first offense. She noted that
commercial driving offenses are considered more severe than
regular driving offenses. She said the look-back takes into
account the severity of the offense and how recent the offense
occurred.
SENATOR WIELECHOWSKI specified page 4, line 20 and asked if the
allowable blood alcohol content was lower for commercial drivers
than the standard .08 for DUI.
MS. CARPENETI replied yes, .04 for commercial drivers.
SENATOR COGHILL agreed with the statutes that pertained to
handling youngsters to avoid horrific accidents. He asked if
Section 2 was a new section.
SENATOR MICCICHE replied that Section 2 (a) and (b) are new
sections.
MS. CARPENETI explained that AS 28.15.046(d) is being rewritten
and noted that the statute addressed separating first, second,
and third drunk driving convictions.
9:45:36 AM
VICE-CHAIR GIESSEL addressed Section 5 and inquired if the
current two year period is expanded to 5 and 10 year periods in
the new statute.
SENATOR MICCICHE read Section 5 as follows:
The new statute will modify the two years period to
require the DMV to deny issuance of a license if less
than two years has elapsed since the applicant's
unconditional discharge from the first time conviction
for driving under the influence or a refusal, less
than five years has elapsed from their unconditional
discharge for a second conviction for driving under
the influence or refusal, and less than ten years has
elapsed from unconditional discharge from a refusal to
submit to a chemical test if the offense occurred
while driving a commercial motor vehicle.
MS. CARPENETI confirmed that Senator Micciche was correct. She
explained that current law specifies that a first offense
requires two years for the first offense and five years for the
second offense. She asserted that the new law makes it safer and
more cautious regarding people who commit DUI and drive school
buses.
SENATOR COGHILL asked if "substantially" was taken out.
9:47:40 AM
MS. CARPENETI answered yes. She explained that the term
"substantially" used in front of "similar" has been taken out of
statutes because the term gives rise to litigation as to what
"substantially similar" is to another state's statute and
"similar" is enough in terms of the conduct in the past. She
detailed that taking "substantial" out is essentially a
housekeeping-measure that will make it much clearer for law
enforcement.
SENATOR COGHILL addressed Section 7, line 29, Subsections (g)
and (h) and noted that "immediate cancellation" was something
new. He asked if the ability to cancel was available in the
statute's previous version.
MS. CARPENETI answered that "immediate cancellation" was
inferred but not articulated in the previous version.
SENATOR COGHILL said the next logical question pertains to the
communication between DMV and the court system regarding
"immediate cancellation."
He noted that AS 12.55.185 was a new statute and asked what
"unconditional discharge" meant.
9:50:43 AM
MS. CARPENETI explained that "unconditional discharge" occurs
when a person is finished with probation and parole.
SENATOR COGHILL asked to verify that unconditional discharge
meant an individual was once again eligible.
SENATOR MICCICHE read the statute as follows:
To qualify for a license an applicant who has been
convicted of an offense described in (c)(2) or (d) of
this section, shall supply proof that is acceptable to
the department of the state of the applicant's
unconditional discharge from the offense.
MS. CARPENETI explained that the unconditional discharge
establishes a specific date for qualification purposes.
SENATOR COGHILL noted that Section 12 allows paperwork for crash
reports if electronic means are not available.
SENATOR MICCICHE replied that Section 12 "allows" and does not
"require" the use of the Traffic and Criminal Software (TraCS)
for electronic transmission.
9:53:04 AM
MS. CARPENETI concurred with Senator Micciche's interpretation.
VICE-CHAIR GIESSEL remarked that the operative word is "may" in
line 13.
SENATOR MICCICHE replied yes.
SENATOR COGHILL noted that Section 13 was a new section and
asked if reporting accidents electronically was something new or
a codification of how things are currently happening.
MS. ERICKSON answered that people and law enforcement are
required to submit accident reports to DMV. She explained that
the accident reporting process is moving towards electronic
submission which allows for easier access.
SENATOR COGHILL asked if police officers and sending reports
electronically from crash sites.
MS. ERICKSON answered yes.
LIEUTENANT DIAL explained that approximately three dozen Alaska
law enforcement agencies are using TraCS for electronic system
reporting. He said AST is working with DMV and the Alaska
Department of Transportation & Public Facilities (DOT) to
establish a system where AST can instantaneously transmit
information between the different departments and agencies. He
said using TraCS will reduce duplication, save staff time, and
allow for the immediate information access. He said SB 206 puts
the ability to use TraCS into statute.
SENATOR COGHILL asked how corrections are made in the event an
accident reporting error occurs.
9:56:52 AM
SENATOR MICCICHE noted that the legislature has converted to
electronic record keeping. He conceded that operator errors
occur, but noted that corrections can be made as is done in a
paper format. He asserted that the electronic conversion should
not be viewed as a change on meeting record keeping
requirements.
VICE-CHAIR GIESSEL asked Lieutenant Dial to comment on the
possibility of human error and how one would correct it.
LIEUTENANT DIAL replied that using TraCS will reduce errors
because there currently are multiple agencies that are inputting
the same information over and over again. He remarked that every
time somebody else gets their hands on information, the chance
for error increases. He noted that correcting erroneous reports
is currently not a problem.
SENATOR COGHILL remarked that he was satisfied with Lieutenant
Dial's explanation.
VICE-CHAIR GIESSEL noted that one of the benefits she sees is
faster accident reporting to insurance companies rather than
waiting for written law enforcement reports.
SENATOR COGHILL said he always looks at applicability,
especially when new requirements are enacted. He asked if
looking back ten years is allowed.
9:59:57 AM
MS. CARPENETI noted that she was involved in drafting SB 206 and
the process was a group effort from the Department of Law. She
stated that Senator Coghill's concern with looking back was
valid and she would take a further look. She pointed out the
bill's intent duality that makes sure recent convictions were
applied for departmental consideration, but she questioned if
the intent was to also go back 20 years and look at an offense
that happened before a current bus driver was licensed. She
informed the committee that she would talk to Senator Micciche
to clarify the bill's intent.
SENATOR COGHILL replied that he shared the same concerns and
encouraged further dialog with Senator Micciche.
SENATOR MICCICHE commented that he would continue to address SB
206 and welcomed an opportunity to answer Senator Coghill's
questions.
SENATOR COGHILL remarked that he would rather have questions
clearly addressed and avoid having the bill referred to the
Judiciary Committee.
10:01:55 AM
VICE-CHAIR GIESSEL announced that public testimony will be left
open. She declared that SB 206 will be held in committee.
SB 174-LEASES FOR LEGISLATIVE OFFICE SPACE
10:02:27 AM
VICE-CHAIR GIESSEL announced the consideration of SB 174. She
noted that SB 174 is sponsored by Senator Wielechowski.
10:02:41 AM
MONICA SOUTHWORTH, Staff, Senator Wielechowski, Alaska State
Legislature, Juneau, Alaska, explained that SB 174 will add two
sections that establish how the legislature will solicit public
comment in the event it seeks a lease with total payments
exceeding $250,000 for the lease's entire term, including
renewal options.
MS. SOUTHWORTH explained the sectional analysis for SB 174 as
follows:
The first section amends section AS 24.20.060, which
is the powers of the Legislative Council, it includes
reference to the two new sections, Sections G and H.
Section 2 adds the same references to Sections G and
H. Section 3 adds in Sections G and H which
establishes how the legislature will seek comment, and
that is a process. The process is 14 days before a
public hearing, there will be a notice on the
legislature's website. The legislature will hold a
public hearing that will provide the public with
information, including details on the space that will
be leased, terms of the lease, and how much the lease
will cost. This will allow members of the public to
voice their concerns, ask questions of the
legislature, and give the legislators an opportunity
to respond to those questions and concerns. There is a
requirement for teleconferencing abilities included in
there to allow access across the state to all of the
Legislative Information Office (LIOs). After the
public hearing, it allows a 30 day comment period for
the public to submit comments. This is a similar
process in which regulation changes seek comments for
regulation changes. Section H is a definition and
Section 4 adds the applicability section for the
effective date.
VICE-CHAIR GIESSEL asked to confirm that the bill includes a
zero fiscal note.
MS. SOUTHWORTH answered correct.
10:05:24 AM
SENATOR COGHILL said public comment is a great thing. He asked
if Section G was patterned after the regulation review process.
MS. SOUTHWORTH answered yes.
SENATOR COGHILL asked to clarify that the bill addresses a
contracting against a regulatory issue. He inquired if there are
any other contracts that are subject to the proposed review.
MS. SOUTHWORTH answered no. She noted that there are executive
sessions in which contracts are discussed. She explained that is
not common practice to have the public comment period when
reviewing contracts. She asserted that not having public comment
is an oversight regarding large leases. She said there should be
public input and review to some extent for large leases.
SENATOR COGHILL offered that he has been on the Judicial Council
and knows the council can be in executive session. He asked to
verify that the bill will require public comment.
MS. SOUTHWORTH answered that the bill only addresses leases the
legislature enters into. She remarked that SB 174 stems from the
recent lease with the Anchorage Legislative LIO. She asserted
that the sponsor's intent was not to attack anyone on the issue,
but given the number of calls to the committee members' offices
about the Anchorage LIO concern, the belief was to have a
conversation regarding large lease expenditures. She reiterated
that the lease expenditure floor is over $250,000 for a lease's
term.
10:07:34 AM
SENATOR COGHILL replied that he lives in the Fairbanks area and
his office has not received the calls. He remarked that he has
seen the news accounts regarding the Anchorage LIO lease-
purchase. He said he was open to the discussion and having the
public input was probably an important part of the bill. He
asked how a public comment process would occur with a situation
similar to the Anchorage LIO lease.
10:08:46 AM
CHAIR DYSON joined the committee meeting.
MS. SOUTHWORTH answered that a public hearing would occur after
a single-sourced procurement proposal was finalized. She
explained that a 14 day notice would be provided where the
Legislative Council confers with the Legislative Affairs Agency
for a presentation that hears public comment. She added that a
30 day comment period would follow the public hearing.
VICE-CHAIR GIESSEL asked if Ms. Southworth was aware of the
discussion that had taken place in Legislative Council the
previous evening regarding modifications to the Anchorage LIO
lease.
MS. SOUTHWORTH answered yes.
VICE-CHAIR GIESSEL asked if lease modifications would also
require a 30 day public hearing and comment period.
MS. SOUTHWORTH replied that the bill only applies to single-
sourced procurement leases. She noted that the Anchorage LIO
lease was now going through the Alaska Housing Finance
Corporation (AHFC) for a possible purchase and would require a
bill to proceed with the eventual public comment. She said SB
174 would not apply to the Anchorage LIO lease-purchase.
10:11:16 AM
SENATOR COGHILL asked if the Anchorage LIO avoids AHFC and
reverts to a lease, would the proposed bill apply to the lease.
MS. SOUTHWORTH answered yes.
SENATOR COGHILL remarked that he did not have that big of a
problem with the bill.
CHAIR DYSON asked if anyone would like to testify.
10:11:58 AM
CHAIR DYSON announced that the committee will stand at ease.
10:12:31 AM
CHAIR DYSON called the committee back to order and asked if
there are any other items of business to come before the
committee. [SB 174 was heard and held in committee.]
10:12:51 AM
There being no further business to come before the committee,
Chair Dyson adjourned the Senate State Affairs Standing
Committee hearing at 10:12 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SCR17 - Sponsor Statement.pdf |
SSTA 3/18/2014 9:00:00 AM |
SCR 17 |
| SCR17 - Legislation - Version 28-LS1452N.pdf |
SSTA 3/18/2014 9:00:00 AM |
SCR 17 |
| SB 206 - Sponsor Statement.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/20/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 206 |
| SB 206 - Legislation Version A.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/20/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 206 |
| SB 206 - Sectional Analysis.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/20/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 206 |
| SB206-DOA-DMV-03-14-14.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/20/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 206 |
| SB 174 Sponsor Statement.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 174 |
| SB0174A.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 174 |
| SB174-LEG-COU-03-14-14.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 174 |