02/28/2008 01:00 PM Senate TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| SB265 | |
| SB190 | |
| SB189 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 265 | TELECONFERENCED | |
| += | SB 190 | TELECONFERENCED | |
| += | SB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
February 28, 2008
1:05 p.m.
MEMBERS PRESENT
Senator Albert Kookesh, Chair
Senator John Cowdery, Vice Chair - via teleconference
Senator Donald Olson
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Gary Wilken
COMMITTEE CALENDAR
SENATE BILL NO. 265
"An Act relating to drivers' licenses and identification cards
issued to sex offenders and child kidnappers."
MOVED CSSB 265 (TRA) OUT OF COMMITTEE
SENATE BILL NO. 190
"An Act requiring minors 13 through 17 years of age who are not
traveling accompanied by a parent or guardian to present
identification and to have authorization from a parent or
guardian before receiving a ticket from an airline employee."
HEARD AND HELD
SENATE BILL NO. 189
"An Act making special appropriations for bridge repairs and
construction and road construction; and providing for an
effective date."
MOVED SB 189 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 265
SHORT TITLE: SEX OFFENDERS & CHILD KIDNAPPERS
SPONSOR(s): SENATOR(s) MCGUIRE
02/13/08 (S) READ THE FIRST TIME - REFERRALS
02/13/08 (S) TRA, STA
02/21/08 (S) TRA AT 1:00 PM BUTROVICH 205
02/21/08 (S) -- MEETING CANCELED --
02/28/08 (H) TRA AT 1:00 PM CAPITOL 17
BILL: SB 190
SHORT TITLE: MINORS TRAVELING ALONE BY AIR
SPONSOR(s): SENATOR(s) THERRIAULT
01/16/08 (S) PREFILE RELEASED 1/4/08
01/16/08 (S) READ THE FIRST TIME - REFERRALS
01/16/08 (S) TRA, JUD
02/19/08 (S) TRA AT 2:00 PM BUTROVICH 205
02/19/08 (S) Heard & Held
02/19/08 (S) MINUTE(TRA)
02/28/08 (H) TRA AT 1:00 PM CAPITOL 17
BILL: SB 189
SHORT TITLE: APPROP.: BRIDGES, SERVICE ROADS, TRAILS
SPONSOR(s): SENATOR(s) THERRIAULT
01/16/08 (S) PREFILE RELEASED 1/4/08
01/16/08 (S) READ THE FIRST TIME - REFERRALS
01/16/08 (S) TRA, FIN
02/19/08 (S) TRA AT 2:00 PM BUTROVICH 205
02/19/08 (S) Heard & Held
02/19/08 (S) MINUTE(TRA)
02/28/08 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
SENATOR LESIL MCGUIRE
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Sponsor of SB 265.
KATHRYN MONFREDA, Chief
Criminal Records and Identification Bureau
Division of Statewide Services
Department of Public Safety (DPS)
Anchorage, AK
POSITION STATEMENT: Answered questions on SB 265.
TREVOR FULTON
Staff to Senator McGuire
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Commented on SB 265 for the sponsor.
DAVE STANCLIFF
Staff to Senator Therriault
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Commented on SB 190 and SB 189 for the
sponsor.
MIKE LESMANN, Manager
Community Relations and Legislative Liaison
Office of Children's Services
Department of Health and Social Services (DHSS)
Juneau, AK
POSITION STATEMENT: Supported CSSB 190(TRA).
FRANK RICHARDS, Deputy Commissioner
Department of Transportation and Public Facilities (DOTPF),
Juneau, AK
POSITION STATEMENT: Supported SB 189.
ACTION NARRATIVE
CHAIR ALBERT KOOKESH called the Senate Transportation Standing
Committee meeting to order at 1:05:05 PM. Present at the call to
order were Senators Olson, Wielechowski, Kookesh and Cowdery via
teleconference.
SB 265-SEX OFFENDERS & CHILD KIDNAPPERS
1:05:41 PM
CHAIR ALBERT KOOKESH announced SB 265 to be up for
consideration.
SENATOR LESIL MCGUIRE, sponsor of SB 265, said she brought a
committee substitute version E.
SENATOR BILL WIELECHOWSKI moved to adopt CSSB 265, labeled 25-
LS1449\E. There were no objections and it was so ordered.
SENATOR MCGUIRE said the goal of the bill is to try and capture
the 1 out of 10 sex offenders who are not registering.
1:06:06 PM
SENATOR MCGUIRE said her first attempt was modeled after Nevada
that said when you into the Division of Motor Vehicles (DMV),
you would have to be sure you were in compliance with state law,
which is why it was originally referred to the Transportation
Committee.
SENATOR MCGUIRE said neither the DMV nor the Department of
Administration (DOA) support the Nevada model, so she looked at
other ways to get compliance for the outstanding 11 percent. She
and staff came up with using the Permanent Fund Dividend (PFD)
application process as a tool, because it would probably bring
more people into compliance than using a driver's license would
and the administrative costs would be minimized. She said this
new CS also addressed the fact that rural Alaska does not have
DMV offices located in all of Alaska's small communities.
CHAIR KOOKESH said since SB 265 no longer had a transportation
component, he wanted to move it on to the State Affairs
Committee.
SENATOR DONALD OLSON asked why they decided not to follow the
Nevada model.
SENATOR MCGUIRE replied that the concerns raised centered
primarily around rural Alaska and how people would be able to
get in on an annual basis to get their drivers' license renewed.
It would be a hardship for them. The other concern was more of
an administrative issue. DMV is actually under the Department of
Administration (DOA) and not the Department of Public Safety
(DPS) and DOA had concerns about how this program would be
administered. However, she said the Nevada has worked
incredibly well there and it might be something they could
consider in the future.
SENATOR WIELECHOWSKI asked if the bill needs a resolution for a
title change.
SENATOR MCGUIRE replied that could be addressed in the State
Affairs Committee.
1:09:33 PM
SENATOR JOHN COWDERY asked how many offenders receive PFDs.
SENATOR MCGUIRE replied that statistics show between 10 and 11
percent of all felony sex offenders required to register are not
complying.
KATHRYN MONFREDA, Chief, Criminal Records and Identification
Bureau, Division of Statewide Services, Department of Public
Safety (DPS), said her duties include administration of the sex
offender registry and between 195 and 305 offenders are out of
compliance with the registration process. A quick study of 40
out-of-compliance offenders indicated that two-thirds had
applied for PFDs where half of them had a valid driver's license
or ID
SENATOR COWDERY asked if people who apply for PFDs were now
going to have to go through some sort of screening process,
because that's what her sponsor statement sounded like.
SENATOR MCGUIRE answered that they are working on the actual
process, but she didn't envision a background check. Rather she
thought if someone's name popped up as someone out of
compliance, that would initiate a verification process at that
level.
TREVOR FULTON, staff to Senator McGuire, responded that the
sponsor statement was referring to the Nevada model where every
time a person renewed his driver's license an electronic query
would be sent to the sex offender registry. The query would come
back as either a zero, a one or a two. A two indicates a
convicted sex offender who is out of compliance.
SENATOR WIELECHOWSKI asked if the Permanent Fund and if it had
taken a position on this bill and if it had a fiscal note.
CHAIR KOOKESH replied that a fiscal note had been requested, but
it hadn't arrived yet.
SENATOR MCGUIRE also replied that the Permanent Fund didn't
oppose the bill, but they were working with her to make sure the
administrative process was set up in a way that would work with
their business practices.
1:14:05 PM
SENATOR WIELECHOWSKI moved to report CSSB 265(TRA) from
committee with individual recommendations and attached fiscal
note(s). There being no objection, the motion carried.
CHAIR KOOKESH called a short at ease and called the meeting back
to order at 1:14:36 PM.
SB 190-MINORS TRAVELING ALONE BY AIR
1:14:36 PM
CHAIR ALBERT KOOKESH announced SB 190 to be up for
consideration.
SENATOR DONALD OLSON moved to adopt CSSB 190, labeled 25-
LS1061\C. There were no objections and it was so ordered.
DAVE STANCLIFF, staff to Senator Therriault, sponsor of SB 190,
said the CS addressed a couple of concerns that were raised at
the last committee meeting. One was regarding carriers that
operate only in-the state and recognizing that a lot of people
in rural Alaska move about without having the opportunity to
comply with the provisions in the bill. So on page 1, line 8,
language was inserted saying "receiving a ticket to a
destination outside the state from an airline employee" and on
page 2, lines 3-5 a new provision was added saying:
(c) The provisions of (a) of this section do not apply
to a state resident not younger than 13 years of age
and not older than 17 years of age who is in legal or
physical custody of the state.
MR. STANCLIFF said a memo from the Department of Law commented
on constitutionality that would be taken up in the Judiciary
Committee.
SENATOR OLSON asked if he had talked to other carriers that
provide out-of-state service or to White Horse, for instance.
MR. STANCLIFF replied no; he assumed people traveling out of the
country would already need the proper credentials.
SENATOR OLSON said the question has to do more with permission
from the parents and the burden that would put on the small
carriers that aren't even certificated in the United States,
like Air North.
MR. STANCLIFF said research has found that some carriers like
Qantas require IDs for people of every age just because they
don't want the liability of having something happen to a minor.
Era Aviation has different standards than Alaska Airlines, but
the one thing they all have in common is there is something
magical about the age 13, because under that age, all carriers
require some kind of ID or permission slip. But from ages 13 to
17 there is a gap. They hoped carriers would see this
legislation as favorable in terms of limiting their liability
should anything happen to a minor that doesn't have proper ID or
permission to be on a flight that goes down.
1:19:32 PM
CHAIR KOOKESH asked his impression of the Alaska Air Carriers
Association letter that wasn't favorable.
MR. STANCLIFF replied their position was well-taken with regard
to the types of flying they do and also some of their concerns
no longer applied with the adoption of the CS.
CHAIR KOOKESH said they had a copy of the CS at the time they
issued their position.
MR. STANCLIFF replied that he couldn't understand their
opposition.
SENATOR OLSON said his other concern was that the DMV in Nome
has had its office closed because no one was hired to work there
and residents were concerned about just being able to get an ID.
MR. STANCLIFF said Alaska Airlines expressed some logistical
concerns they would have if this were implemented. Their
objections were based on the fact that Alaskans should not go
further than what is required under the TSA and existing airline
regulations. His research into what other airlines have
indicates that their policies are all over the place. Many air
carriers are stricter than TSA and he thought it was a liability
issue.
SENATOR COWDERY said the Alaska Airlines people he talked to
last Saturday definitely oppose this bill, but he wanted to ask
if a young person needs written permission to fly.
MR. STANCLIFF replied yes.
SENATOR COWDERY said that he remembers that kids forged a lot of
names in their school days for less important things and asked
how those signatures would be verified. He thought the bill
needed more work.
MR. STANCLIFF replied there is no way to guarantee a child won't
get on board an aircraft and forge anything.
1:25:30 PM
MIKE LESMANN, Manager, Community Relations and Legislative
Liaison, Office of Children's Services, Department of Health and
Social Services (DHSS), supported CSSB 190(TRA) and primarily
the language that exempts children in the custody of DHSS. He
said that kids in the state's custody are not unaccompanied;
they are sometimes with their biological parent or a blood
relative, a foster parent or one of his staff. They have paper
work with them and if the bill became law in its current form,
it might make it difficult for the department to act in a
child's interest quickly.
SENATOR WIELECHOWSKI asked if the Palin Administration supported
the bill.
MR. LESMANN answered that he could only address the exemption in
the CS for the DHSS.
SENATOR COWDERY held to his opinion that the bill needed more
work.
SENATOR OLSON said he was not in favor of bill.
CHAIR KOOKESH said he wanted a little more time to spend with
the air carriers association to alleviate some of their concerns
and held SB 190.
SB 189-APPROP.: BRIDGES, SERVICE ROADS, TRAILS
1:29:12 PM
CHAIR ALBERT KOOKESH announced SB 189 to be up for
consideration.
DAVE STANCLIFF, staff to Senator Therriault, sponsor of SB 189,
reviewed that this bill addressed the most important component
of the state's highway system especially in light of some of the
construction that is anticipated with the gasline. A number of
bridges have been investigated since the bridge disaster in the
Lower 48 and have been identified as at-risk and in need of
serious work. At the last meeting Senator Cowdery had requested
information that the Department of Transportation and Public
Facilities (DOTPF) has provided.
SENATOR COWDERY asked if the administration had requested any
money for these bridges and how many federal dollars would be
involved if the state funds the program.
FRANK RICHARDS, Deputy Commissioner, Department of
Transportation and Public Facilities (DOTPF), replied that the
bill asks for an appropriation from the general fund and doesn't
mention federal funding. He said the state has federal funding
through the Highway Administration for bridges, but it is
already allocated and these needs are greater than the available
resources. He said this bill would address some bridges that
currently have structural deficiencies, but aren't in the near-
term spending plan.
SENATOR WIELECHOWSKI asked if the administration supports this
bill.
MR. RICHARDS answered yes.
SENATOR WIELECHOWSKI asked if he asked for this money from the
general fund.
MR. RICHARDS replied that DOTPF didn't request it as part of its
capital budget; Senator Therriault brought this bill forward.
SENATOR WIELECHOWSKI asked why they didn't request funds through
the budget process.
MR. RICHARDS replied in preparing the capital and operating
budget for FY'09 the department received guidance from the
governor's office in terms of the level of funding.
Subsequently, additional bills were put forward such as the G.O.
Bond package for $121 million of highway needs and the Alaska
Transportation Fund that created an endowment that created
approximately $50 million/year earnings that could be used to
cover transportation needs across the state.
1:33:45 PM
SENATOR COWDERY commented that for this amount of money the
state should get as much leverage out of it as it can.
SENATOR OLSON agreed and added this approach seemed
contradictory if the administration is in favor of it, but is
not asking for it.
SENATOR OLSON moved to report SB 189 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
There being no further business to come before the committee,
Chair Kookesh adjourned the meeting at 1:35:53 PM.
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