Legislature(1993 - 1994)
04/08/1994 09:07 AM STA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE April 8, 1994 9:07 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 SENATE BILL NO. 365 "An Act relating to the improvement of state finances and fiscal accountability by increasing fees, by collecting additional revenue, by reducing certain program expenditures by changing services or eligibility requirements for programs, by changing certain statutory limitation periods, by providing for use of certain electronic records, by making changes to state agency functions or procedures including certain reporting and planning procedures, and by authorizing extensions for state leases for real property if certain savings can be achieved; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION SB 365 - See State Affairs minutes dated 3/30/94 and 4/6/94. WITNESS REGISTER Juanita Hensley, Chief Driver Services Division of Motor Vehicles Department of Public Safety P.O. Box 20020, Juneau, AK 99802-0020¶465-4335 POSITION STATEMENT: testified on SB 365 ACTION NARRATIVE TAPE 94-24, SIDE A Number 001 CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at 9:07 a.m. Number 004 CHAIRMAN LEMAN brings up SB 365 (GOVERNOR'S OMNIBUS BILL) as the first order of business before the Senate State Affairs Committee. The chairman states he would like to complete work on SB 365 today and move the bill from committee. The chairman announces there is an amendment to be made on page 15, paragraph (13), following the word "analysis" add language stating, "...if no commercial laboratory in the state is certified for the analysis, and holding times are to short to send the sample to an out-of-state laboratory." As part of that amendment, the chairman asks that the words "and indirect" be deleted on page 15, line 2. Number 045 CHAIRMAN LEMAN asks if there is any objection to the amendment from committee members or the Department of Environmental Conservation. Several persons from DEC, including Mr. Poe, stated they did not object to the amendment. CHAIRMAN LEMAN, hearing no objection, states the amendment has been adopted. Number 051 SENATOR TAYLOR makes a motion to amend page 15, line 2, between the words "cover" and "the", insert "50% of". CHAIRMAN LEMAN asks Senator Taylor if he is suggesting DEC be allowed to only recover half of the direct costs it incurs in doing its' job. SENATOR TAYLOR responds he thinks about half is probably public policy, and that the state should be providing financing for that amount. Senator Taylor states that the oil industry, through the 470 fund is going to be providing a significant amount of financing for those indirect costs. Number 086 CHAIRMAN LEMAN states he will oppose the amendment. He does not disagree with Senator Taylor in that the department needs to justify its' fees. However, he is not sure that will be accomplished by Senator Taylor's amendment. The policy of having people pay for services provided to them is a good policy, rather than funding through the general fund, and having everyone pay for services received by some. Number 107 SENATOR TAYLOR states previous testimony from DEC indicated that the department was not charging fees in all cases, and were not including a lot of their administrative costs in charging fees. This indicates to him, that there were probably substantial additional costs that the department could place upon the public. Number 130 CHAIRMAN LEMAN thinks that if Senator Taylor's amendment is adopted, it would accomplish just the opposite of what he intends to do. The chairman thinks if the general public does not like something, it will rise up and cause more of a change in department policy than if the legislature shifted the financial burden over to the general fund. CHAIRMAN LEMAN asks if there is further discussion on Senator Taylor's amendment. Hearing none, he calls for a show of hands on whether the amendment should be adopted. The amendment fails, 2 yeas to 2 nays. CHAIRMAN LEMAN asks if there are any further amendments or committee discussion. Number 157 SENATOR ELLIS states he has an amendment proposing to change the cost of an auto accident that must be reported to police from 1,500$ to 500$ in all sections where the language occurs. Number 170 CHAIRMAN LEMAN voices objection to the amendment. He thinks what once was a 500$ scratch on a car now probably costs about 1,500$, and this is a way to minimize the number of reports. Therefore he supports the suggestion from the Division of Motor Vehicles (DMV) to increase that figure to 1,500$. The chairman asks if there is anyone from the DMV who would like to speak to the amendment. Number 182 JUANITA HENSLEY, Chief, Driver Services, Division of Motor Vehicles, Department of Public Safety states the insurance industry says the average cost of a claim is 1,664$. The last time the cost of accidents required to be reported was changed was in 1968. The state is seeing many cars with damage of 1,500$ plus, just for what one would consider to be a broken tail light. That is the reason DMV proposed raising the amount of damage for accidents required to be reported to law enforcement personnel. DMV would not object to even dropping the figure to 1,000$, but the division believes 500$ is too low. Because of budget cuts over the years, some police departments are not even investigating accidents, if there is not injury involved, in incidents where the damage is under 2,500$. Some will not investigate if damages are under 5,000$. Number 210 CHAIRMAN LEMAN says he knows from experience that what Ms. Hensley just stated is correct. The Anchorage Police Department does not respond to theft. They also do not respond to accidents in the Hillside Area. He relates an incident that occurred in the Hillside Area. Number 216 SENATOR MILLER asks to amend Senator Ellis' amendment to 1,000$. Number 222 CHAIRMAN LEMAN asks if there is objection to amending the amendment. Hearing none, the chairman states he will maintain his objection to the amended amendment. Number 226 SENATOR TAYLOR speaks to the chairman's objection. SENATOR MILLER asks for a vote on the amendment. Number 250 CHAIRMAN LEMAN asks for a show of hands on the amendment. The amendment carries, 3 yeas, 1 nay. Number 253 SENATOR ELLIS distributes a legal opinion from Mr. Dierdorff of Legislative Legal Services, stating SB 365 is a "...gross violation of single subject rule....one of the worst he's ever seen....designed for failure." Senator Ellis states this opinion was requested late last night, and his office received it early this morning. Number 266 SENATOR TAYLOR suggests a title stating, "...affecting all laws, from Title 1 to Title 46. Number 268 SENATOR ELLIS says Mr. Dierdorff does suggest a more expansive title, that would go a long way in solving the problem. Number 270 CHAIRMAN LEMAN states the legislature has had fee bills in the past which addressed a number of different topics. The chairman suggests changes could be made to the title of the bill. Number 276 SENATOR TAYLOR reads Mr. Dierdorff's suggestion, which is, "...financial administration of state government...." Number 284 CHAIRMAN LEMAN states he would like to send the bill on to the Senate Finance Committee along with the memorandum from Mr. Dierdorff and a letter from the State Affairs Committee suggesting looking at a title change. Number 293 SENATOR ELLIS says he just wanted to bring Mr. Dierdorff's memo to the committee's attention. He asks that the State Affairs Committee highlight the memo from Mr. Dierdorff, so that it is not lost in the bills' transfer to the Finance Committee. Number 300 CHAIRMAN LEMAN states he will have a memo drafted to accompany the bills' transmission to the Finance Committee. Number 302 SENATOR MILLER makes a motion to discharge SB 365 from the Senate State Affairs Committee with individual recommendations. Number 304 CHAIRMAN LEMAN, hearing no objection, orders SB 365 released from committee with individual recommendations. Number 313 CHAIRMAN LEMAN adjourns the Senate State Affairs Committee meeting at 9:27 a.m.