Legislature(1993 - 1994)

03/09/1994 09:01 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE STATE AFFAIRS COMMITTEE                                 
                         March 9, 1994                                         
                           9:01 a.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Loren Leman, Chair                                                    
 Senator Mike Miller, Vice Chair                                               
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Robin Taylor                                                          
 Senator Jim Duncan                                                            
 Senator Johnny Ellis                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 279                                                           
 "An Act relating to operating or driving a motor vehicle,                     
 commercial motor vehicle, aircraft, or watercraft."                           
                                                                               
 CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C)                                
 Relating to a state materials exchange.                                       
                                                                               
 HOUSE CONCURRENT RESOLUTION NO. 30                                            
 Relating to the twenty-sixth annual Girls' State.                             
                                                                               
 HOUSE CONCURRENT RESOLUTION NO. 29 am                                         
 Relating to the military operations areas environmental impact                
 statement of the United States Air Force.                                     
                                                                               
 HOUSE BILL NO. 368                                                            
 "An Act relating to reapplication for the 1993 permanent fund                 
 dividend when the United States Postal Service documents the loss             
 of mail during the 1993 application period; and providing for an              
 effective date."                                                              
                                                                               
 CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN)                                     
 Proposing an amendment to the Constitution of the State of Alaska             
 relating to the rights of crime victims.                                      
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 279 - No previous senate committee action.                                 
                                                                               
 HCR 25 - No previous senate committee action.                                 
                                                                               
 HCR 30 - No previous senate committee action.                                 
                                                                               
 HCR 29 - No previous senate committee action.                                 
                                                                               
 HB 368 - No previous senate committee action.                                 
 HJR 43 - See Judiciary minutes dated 11/16/93.                                
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 C.E. Swackhammer, Deputy Commissioner                                         
 Department of Public Safety                                                   
 P.O. Box 111200, Juneau, AK 99811-1200¶465-4322                               
  POSITION STATEMENT:  in favor of SB 279                                      
                                                                               
 Margot Knuth, Assistant Attorney General                                      
 Criminal Division, Department of Law                                          
 P.O. Box 110300, Juneau, AK 99811-0300¶465-3428                               
  POSITION STATEMENT:  in favor of SB 279                                      
                                                                               
 Jack Phelps, Aide                                                             
 Representative Kott                                                           
 State Capitol, Juneau, AK 99801-1182¶465-3777                                 
  POSITION STATEMENT:  prime sponsor of HCR 25                                 
                                                                               
 Paula Ditton, Aide                                                            
 Representative Phillips                                                       
 State Capitol, Juneau, AK 99801-1182¶465-2689                                 
  POSITION STATEMENT:  prime sponsor HCR 30                                    
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-14, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at           
 9:01 a.m.                                                                     
                                                                               
 Number 008                                                                    
                                                                               
 CHAIRMAN LEMAN brings up SB 279 (DWI LAWS) as the first order of              
 business before the Senate State Affairs Committee.  The chairman             
 calls Mr. Swackhammer to testify.                                             
                                                                               
 Number 014                                                                    
                                                                               
 C.E. SWACKHAMMER, Deputy Commissioner, Department of Public Safety            
 (DPS) states SB 279 would amend the implied consent statutes, which           
 would allow law enforcement to obtain blood and urine for those               
 people involved in fatal or serious injury accidents.  SB 279 would           
 put the driver who is impaired because of drug use on the same                
 playing field as those drivers impaired because of alcohol use.               
                                                                               
 Number 043                                                                    
                                                                               
 CHAIRMAN LEMAN asks what the constitutional barrier is for not                
 having implied consent for accidents that are not serious.  In                
 other words, does the implied consent apply only in the event of a            
 serious accident?                                                             
                                                                               
 Number 050                                                                    
                                                                               
 MR. SWACKHAMMER responds there has to be probable cause for a law             
 enforcement officer to believe a driver could be impaired in some             
 way.  If a driver refuses to take the intoximeter, then the implied           
 consent statute takes effect.                                                 
                                                                               
 Number 066                                                                    
                                                                               
 CHAIRMAN LEMAN asks if sobriety checkpoints have been tested in               
 Alaska.                                                                       
                                                                               
 Number 069                                                                    
                                                                               
 MR. SWACKHAMMER replies a bill has been introduced by the governor            
 which would allow law enforcement to make application to the courts           
 to utilize sobriety checkpoints.  That bill is currently in Senate            
 Finance Committee.                                                            
                                                                               
 Number 080                                                                    
                                                                               
 CHAIRMAN LEMAN states he has no objection so SB 279 and intends to            
 move it as soon as the committee has a quorum.  The chairman asks             
 if anyone else wishes to testify.                                             
                                                                               
 MARGO KNUTH, Assistant Attorney General, Criminal Division,                   
 Department of Law states the department is in favor of SB 279 and             
 shwillll answer questions if there are any.                                   
                                                                               
 Hearing no further testimony on SB 279, the chairman moves on to              
 the next order of business.                                                   
 Number 096                                                                    
                                                                               
 CHAIRMAN LEMAN brings up HCR 25 (STATE INDUSTRIAL MATERIALS                   
 EXCHANGE) as the next order of business before the Senate State               
 Affairs Committee.  Calls Mr. Phelps from the prime sponsor's                 
 office to testify.                                                            
                                                                               
 Number 108                                                                    
                                                                               
 JACK PHELPS, Aide to Representative Kott, prime sponsor of HCR 25             
 says HCR 25 will give support to an existing industrial materials             
 exchange.  A materials exchange is basically an information                   
 clearing-house for leftover materials; it would facilitate the                
 exchange of these materials.  The materials exchange serves a                 
 public purpose in that it prevents these materials from flowing               
 into landfills, which they are currently doing.                               
                                                                               
 The materials exchange program is a public/private partnership that           
 is being driven largely by private effort and private funds.                  
 British Petroleum and ARCO have put 40,000 dollars of seed money              
 into the program to get it started.  The program is being                     
 coordinated through the state chamber of commerce with logistical             
 support from the Pollution Prevention Office at the Department of             
 Environmental Conservation.  Mr. Phelps encourages the committee to           
 move HCR 25.  HCR 25 requests the governor to declare April                   
 "Materials Exchange Month", so it should be passed in a timely                
 manner.                                                                       
                                                                               
 Number 129                                                                    
                                                                               
 CHAIRMAN LEMAN asks if there is anyone else who wishes to testify             
 on HCR 25.  Hearing none, the chairman announces HCR 25 will be               
 held over for the time being.                                                 
 Number 129                                                                    
 CHAIRMAN LEMAN brings up HCR 30 (TWENTY-SIXTH ANNUAL GIRLS STATE)             
 as the next order of business before the Senate State Affairs                 
 Committee meeting.  The chairman calls Ms. Ditton from the prime              
 sponsor's office.                                                             
                                                                               
 Number 148                                                                    
                                                                               
 PAULA DITTON, Aide to Representative Phillips, prime sponsor of HCR
 30 reads a sponsor statement from Representative Phillips.                    
                                                                               
 Number 158                                                                    
                                                                               
 CHAIRMAN LEMAN says he has been asked to speak in Soldotna at                 
 Girl's State this year, but HCR 30 list Fairbanks as the location             
 for Girl's State.  The chairman asks Ms. Ditton what the location             
 of Girl's State will be this year.                                            
                                                                               
 MS. DITTON says she has not been informed of a change in location,            
 but she will find out and get back to Senator Leman on that.                  
                                                                               
 Number 173                                                                    
                                                                               
 CHAIRMAN LEMAN says the committee will hold HCR 30 over until                 
 Friday, at which time a change can be made to the resolution if               
 Girl's State is being held in Soldotna this year.  The chairman               
 asks if anyone else wishes to testify on HCR 30.  Hearing none, the           
 chairman moves on to the next order of business.                              
 Number 187                                                                    
 CHAIRMAN LEMAN brings up HCR 29 (COMMEND AIR FORCE: ENVIR IMPACT              
 STATEMENT) as the next order of business before the Senate State              
 Affairs Committee.  The chairman asks if anyone wishes to testify             
 on HCR 29.  Hearing none, the chairman goes on to the next order of           
 business.                                                                     
 Number 197                                                                    
 CHAIRMAN LEMAN brings up HB 368 (REAPPLICATION PERIOD FOR 1993 PF             
 DIVIDEND) as the next order of business before the State Affairs              
 Committee.  The chairman asks if anyone wishes to testify on HB
 368.  Hearing none, the chairman states the committee will move HB
 368 with the companion bill by Senator Miller.                                
 Number 207                                                                    
 CHAIRMAN LEMAN brings up HJR 43 (RIGHTS OF CRIME VICTIMS) as the              
 next order of business before the Senate State Affairs Committee.             
 The chairman notes a similarity between HJR 43 and SJR 2.  The                
 chairman asks if anyone wishes to testify on HJR 43.                          
                                                                               
 MS. KNUTH states she wishes to testify only if there are amendments           
 to HJR 43.                                                                    
                                                                               
 CHAIRMAN LEMAN states the committee will again take up HJR 43 on              
 Friday or Monday, and will be looking at possibly amending HJR 43             
 so that it is arranged similarly to SJR 2.                                    
 Number 229                                                                    
                                                                               
 CHAIRMAN LEMAN announces the next committee meeting will be Friday,           
 March 11, 1994 at 9:00 a.m.  The chairman announces the committee             
 will also be meeting on Monday, March 14, 1994 at 9:00 a.m.                   
                                                                               
 Number 245                                                                    
                                                                               
 CHAIRMAN LEMAN adjourns the Senate State Affairs Committee meeting            
 at 9:17 a.m.                                                                  
                                                                               

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