Legislature(1993 - 1994)
03/09/1994 09:01 AM STA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.