Legislature(1993 - 1994)

04/11/1994 09:12 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE STATE AFFAIRS COMMITTEE                                 
                         April 11, 1994                                        
                           9:12 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                                                           
                                                                               
 HOUSE BILL NO. 491                                                            
 "An Act relating to reports by the Alaska Science and Technology              
 Foundation."                                                                  
                                                                               
 CS FOR HOUSE BILL NO. 299(FIN) am                                             
 "An Act relating to revocation of a driver's license for illegal              
 possession or use of a controlled substance or illegal possession             
 or consumption of alcohol by a person at least 14 but not yet 21              
 years of age; to fees for reinstatement of a driver's license; and            
 providing for an effective date."                                             
                                                                               
 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(CRA)(title am)               
 "An Act relating to the titles that describe the two principal                
 executive officers of electric and telephone cooperatives."                   
                                                                               
 HOUSE BILL NO. 504                                                            
 "An Act relating to sale of alcoholic beverages to military                   
 personnel who are guests in certain clubs."                                   
                                                                               
 SENATE JOINT RESOLUTION NO. 50                                                
 Requesting the governor to file suit in the United States Supreme             
 Court against the United States government alleging violations of             
 the civil rights of Americans listed as prisoners of war or missing           
 in action in Southeast Asia; and requesting the other states to               
 join in this suit.                                                            
                                                                               
 HOUSE BILL NO. 402                                                            
 "An Act requiring that an owner's motor vehicle liability insurance           
 policy used as proof of financial responsibility designate by                 
 description or appropriate reference the motor vehicles it covers;            
 and providing for an effective date."                                         
                                                                               
 SENATE CONCURRENT RESOLUTION NO. 19                                           
 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska            
 State Legislature concerning House Joint Resolution No. 43,                   
 relating to a constitutional amendment concerning victims of crime.           
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HB 491 - No previous senate committee action.                                 
                                                                               
 HB 299 - No previous senate committee action.                                 
                                                                               
 HB 497 - No previous senate committee action.                                 
                                                                               
 HB 504 - No previous senate committee action.                                 
                                                                               
 SJR 50 - No previous senate committee action.                                 
                                                                               
 HB 402 - See State Affairs minutes dated 3/30/94 and 4/6/94.                  
                                                                               
 SCR 19 - No previous senate committee action.                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Representative Al Vezey                                                       
 State Capitol, Juneau, AK 99801-1182¶465-3719                                 
  POSITION STATEMENT:  prime sponsor of HB 491                                 
  POSITION STATEMENT:  testified on HB 299                                     
                                                                               
 Representative Cynthia Toohey                                                 
 State Capitol, Juneau, AK 99801-1182¶465-4919                                 
  POSITION STATEMENT:  prime sponsor of HB 299                                 
                                                                               
 Margot Knuth, Assistant Attorney General                                      
 Criminal Division                                                             
 Department of Law                                                             
 P.O. Box 110300, Juneau, AK 99811-0300¶465-3428                               
  POSITION STATEMENT:  testified on HB 299                                     
                                                                               
 Jeff Logan, Aide                                                              
 Representative Green                                                          
 State Capitol, Juneau, AK 99801-1182¶465-4931                                 
  POSITION STATEMENT:  prime sponsor of HB 497                                 
                                                                               
 Larry Markley                                                                 
 Alaska Rural Electric Cooperative Association                                 
 Alaska Telephone Association                                                  
 Rt. 1, Box 130-A, Mt. Solon, VA 22843                                         
 (907)463-3636 or (703)886-4275                                                
  POSITION STATEMENT:  testified on HB 497                                     
                                                                               
 Tim Sullivan, Aide                                                            
 Representative Mulder                                                         
 State Capitol, Juneau, AK 99801-1182¶465-2647                                 
  POSITION STATEMENT:  prime sponsor of HB 504                                 
                                                                               
 Dave Thompson, Aide                                                           
 Senate Rules Committee                                                        
 State Capitol, Juneau, AK 99801-1182¶465-4958                                 
  POSITION STATEMENT:  prime sponsor of SJR 50                                 
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-25, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at           
 9:12 a.m.                                                                     
                                                                               
 Number 010                                                                    
 CHAIRMAN LEMAN brings up HB 491 (REPORTS BY SCIENCE & TECH                    
 FOUNDATION) as the first order of business before the Senate State            
 Affairs Committee.  The chairman calls the prime sponsor of HB 491            
 to testify.                                                                   
                                                                               
 Number 012                                                                    
                                                                               
 REPRESENTATIVE AL VEZEY, prime sponsor of HB 491, states the                  
 motivation behind the bill is that it was obvious to him that the             
 annual report and the fiscal report of the Alaska Science and                 
 Technology Foundation are not on concurrent time frames.                      
                                                                               
 CHAIRMAN LEMAN states there was recently a bill before the Senate             
 State Affairs Committee stating the reports should be done by                 
 December 16.                                                                  
                                                                               
 REPRESENTATIVE VEZEY responds he thinks the bill the chairman is              
 referring to addresses a different report.  Currently, the Science            
 & Technology Foundation report is based on a calendar year; SB 491            
 would change that to a fiscal year.                                           
                                                                               
 Number 052                                                                    
                                                                               
 CHAIRMAN LEMAN asks Representative Vezey if the Alaska Science &              
 Technology Foundation supports HB 491.                                        
                                                                               
 REPRESENTATIVE VEZEY states they are supportive of HB 491.                    
 However, they were nervous that the bill would be used as a vehicle           
 to appropriate funds from the Alaska Science & Technology Fund to             
 the general fund.                                                             
                                                                               
 CHAIRMAN LEMAN asks if there are any questions from committee                 
 members and if there is anyone in the audience who wishes to                  
 testify.                                                                      
                                                                               
                                                                               
 Number 060                                                                    
                                                                               
 SENATOR TAYLOR comments the governor's omnibus bill contained                 
 language addressing timelines for several reports.  It would seem             
 logical to consider including HB 491 within the governor's omnibus            
 bill.                                                                         
                                                                               
 REPRESENTATIVE VEZEY responds to Senator Taylor's comments, saying            
 the vehicle Senator Taylor is referring to was not before the                 
 legislature at the time he filed HB 491.  He has not made an effort           
 to see if HB 491 could be incorporated into that bill.                        
                                                                               
 CHAIRMAN LEMAN says, to be consistent with the other bill, the                
 committee should perhaps consider requiring the report to be                  
 finished by December 16.                                                      
                                                                               
 REPRESENTATIVE VEZEY states there are some problems with HB 530.              
                                                                               
 CHAIRMAN LEMAN asks Representative Vezey if he has any problems               
 with changing the date in HB 491 to December 16.                              
                                                                               
 REPRESENTATIVE VEZEY does not think that would be a problem.                  
                                                                               
 Number 106                                                                    
                                                                               
 SENATOR TAYLOR makes a motion to amend HB 491 on page 1, line 6,              
 delete "January 15", and inserting "December 16".                             
                                                                               
 CHAIRMAN LEMAN asks if everyone understands that amendment.  The              
 chairman asks if there are any comments or objections to the                  
 amendment.  Hearing none, the chairman states Senator Taylor's                
 amendment has been adopted.                                                   
                                                                               
 Number 115                                                                    
                                                                               
 SENATOR TAYLOR makes a motion to discharge HB 491 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders HB 491 released from             
 committee with individual recommendations.                                    
 Number 125                                                                    
 CHAIRMAN LEMAN brings up HB 299 (DRIVER'S LIC REVOCATION; ALCOHOL             
 / DRUGS) as the next order of business before the Senate State                
 Affairs Committee.  The chairman calls the prime sponsor to                   
 testify.                                                                      
                                                                               
 Number 127                                                                    
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY, prime sponsor of HB 299, thanks the            
 committee for the opportunity to testify and reads the sponsor                
 statement on HB 299.  Representative Toohey introduces Ms. Knuth              
 and Mr. Ford.                                                                 
                                                                               
 CHAIRMAN LEMAN asks if there are any questions of Representative              
 Toohey.                                                                       
                                                                               
 Number 174                                                                    
                                                                               
 SENATOR TAYLOR asks if the revocation or suspension of driving                
 priveleges would require that person to provide an SR22 to the                
 Division of Motor Vehicles before their privileges are reinstated.            
                                                                               
 REPRESENTATIVE TOOHEY states they would not have to do so.                    
                                                                               
 SENATOR TAYLOR asks why we would want to allow young people who               
 have been caught drinking, to drive without proof of motor vehicle            
 insurance.                                                                    
                                                                               
 Number 190                                                                    
                                                                               
 MARGOT KNUTH, Assistant Attorney General, Criminal Division,                  
 Department of Law believes that the Department of Public safety was           
 concerned that since this is revoking the privilege to drive, and             
 not necessarily revoking a drivers' license- she doesn't recall               
 whether- Ms. Hensley is out of town today.                                    
                                                                               
 REPRESENTATIVE TOOHEY adds this question was asked and satisfied.             
                                                                               
 Number 201                                                                    
                                                                               
 REPRSENATIVE VEZEY also adds that this is not a DWI or drunk                  
 driving bill, this is a penalty for minor consuming, and does not             
 necessarily have anything to do with a person driving while                   
 intoxicated.                                                                  
                                                                               
 SENATOR TAYLOR responds he understands that aspect of HB 299.  If             
 a person is a dangerous driver, even if drinking did not contribute           
 to their dangerous driving, they can get their license suspended.             
                                                                               
 Number 228                                                                    
                                                                               
 MS. KNUTH states it has been brought to her attention that under              
 AS 22.15.185, under court revocation of a minor's license to drive,           
 the department may not require proof of financial responsibility              
 before restoring or issuing the person's drivers' license.  It                
 would cause a problem if Alaska Statute were to specify that SR22's           
 are not required for court revocation of a minor's driving                    
 privileges, but SR22's are required for administrative revocation             
 of a minor's driving privileges.                                              
                                                                               
 SENATOR TAYLOR asks if all other administrative revocations require           
 an SR22                                                                       
 MS. KNUTH replies she does not believe that is the case.                      
                                                                               
 REPRESENTATIVE TOOHEY adds that if the administrative revocation              
 occured because the person was driving while intoxicated, then that           
 person would have to submit an SR22 before having their license               
 reinstated.                                                                   
                                                                               
 MS. KNUTH states the distinction between revoking the license of              
 someone who was driving while intoxicated, someone who was driving            
 recklessly, and someone who was drinking underage, is that the                
 person who losses their driving privileges for a non-driving                  
 offense cannot be required to file an SR22.                                   
                                                                               
 REPRESENTATIVE VEZEY comments it is his understanding that DMV will           
 not reissue a revoked license without proof of insurance.  SR22's             
 are but one form of a proof of insurance.  SR22 is the form that is           
 issued when a person is not eligible for motor vehicle insurance              
 other than from a high-risk pool.                                             
                                                                               
 CHAIRMAN LEMAN asks if anyone else wishes to testify on HB 299.               
 The chairman states it is his intent to move the bill today.                  
                                                                               
 Number 297                                                                    
                                                                               
 SENATOR MILLER makes a motion to discharge HB 299 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders HB 299 released from             
 committee with individual recommendations.                                    
 Number 302                                                                    
 CHAIRMAN LEMAN brings up HB 497 (OFFICERS OF UTILITY COOPERATIVES)            
 as the next order of business before the Senate State Affairs                 
 Committee today.  The chairman calls the first witness.                       
                                                                               
 Number 305                                                                    
                                                                               
 JEFF LOGAN, Aide to Representative Green, states current statutes             
 require that the presiding officer of an electrical or telephone              
 cooperative be called a "president".  This has created a small                
 problem with the states largest utility.  Mr. Logan describes the             
 problem as being one of respect.  If corporations were allowed to             
 refer to the presiding officer of the board as the chairman or                
 chairwoman of the board, it would free up the title of "president"            
 for the person who manages the day-to-day operation of the utility.           
                                                                               
 CHAIRMAN LEMAN asks if there are any questions from committee                 
 members.  Hearing none, the chairman asks if anyone in the audience           
 wishes to testify.                                                            
                                                                               
                                                                               
 Number 339                                                                    
                                                                               
 LARRY MARKLEY, Representing the Alaska Rural Electric Cooperative             
 Association (ARECA) and the Alaska Telephone Association (ATA),               
 states both ARECA and ATA support HB 497.  Mr. Markley asks the               
 committee for its support.                                                    
                                                                               
 Number 364                                                                    
                                                                               
 SENATOR MILLER makes a motion to discharge HB 497 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders HB 497 released from             
 committee with individual recommendations.                                    
 Number 368                                                                    
 CHAIRMAN LEMAN brings up HB 504 (SALE OF ALCOHOL IN CLUBS) as the             
 next order of business before the Senate State Affairs Committee              
 today.                                                                        
                                                                               
 Number 369                                                                    
                                                                               
 TIM SULLIVAN, Aide to Representative Mulder, reads the sponsor                
 statement to HB 504.                                                          
                                                                               
 CHAIRMAN LEMAN asks if there has been any testimony from the                  
 American Legion or the Veterans' of Foreign Wars.                             
                                                                               
 MR. SULLIVAN responds the committee members should have a letter in           
 their bill files from the VFW and the American Legion supporting              
 HB 504.                                                                       
                                                                               
 Number 382                                                                    
                                                                               
 SENATOR MILLER makes a motion to discharge HB 504 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders HB 504 released from             
 committee with individual recommendations.                                    
 Number 385                                                                    
 CHAIRMAN LEMAN brings up SJR 50 (SUIT RE POWS & MIAS AGAINST U.S.             
 & OTHERS) as the next order of business before the Senate State               
 Affairs Committee and calls the first witness.                                
                                                                               
 Number 390                                                                    
                                                                               
 DAVE THOMPSON, Aide to the Senate Rules Committee, states the                 
 resolution was introduced by the Senate Rules Committee by request.           
 Mr. Thompson says there are two Alaskans who are still missing in             
 action (mia) from the Vietnam War.  There is a companion house                
 resolution, which is stalled.  There is a zero fiscal note.  The              
 American Legion Executive Committee voted unanimously to support              
 passage of this resolution.                                                   
                                                                               
 CHAIRMAN LEMAN asks if there are any questions of Mr. Thompson.               
 Hearing none, he asks if anyone in the audience wishes to testify.            
                                                                               
 Number 407                                                                    
                                                                               
 SENATOR MILLER makes a motion to discharge SJR 50 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders SJR 50 released from             
 committee with individual recommendations.                                    
 Number 410                                                                    
 CHAIRMAN LEMAN brings up HB 402 (PROOF OF MOTOR VEHICLE INSURANCE)            
 as the next order of business before the Senate State Affairs                 
 Committee.  The chairman states he would like to move the bill from           
 committee today.                                                              
                                                                               
 Number 415                                                                    
                                                                               
 SENATOR MILLER makes a motion to discharge HB 402 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders HB 402 released from             
 committee with individual recommendations.                                    
 Number 418                                                                    
 CHAIRMAN LEMAN brings up SCR 19 (SUSPEND UNIFORM RULES FOR HJR 43)            
 as the next order of business before the Senate State Affairs                 
 Committee.                                                                    
                                                                               
 Number 422                                                                    
                                                                               
 SENATOR MILLER makes a motion to discharge SCR 19 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders SCR 19 released from             
 committee with individual recommendations.                                    
 CHAIRMAN LEMAN adjourns the Senate State Affairs Committee meeting            
 at 9:42 a.m.                                                                  
                                                                               

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