Legislature(1993 - 1994)
04/08/1994 09:07 AM Senate STA
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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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