Legislature(1993 - 1994)

04/08/1994 09:07 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                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.                                                                  
                                                                               

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