HOUSE FINANCE COMMITTEE April 11, 1994 4:15 P.M. TAPE HFC 94 - 121, Side 2, #000 - end. TAPE HFC 94 - 122, Side 1, #000 - #664. CALL TO ORDER Co-Chair Larson called the House Finance Committee meeting to order at 4:15 P.M. PRESENT Co-Chair Larson Representative Hoffman Co-Chair MacLean Representative Martin Vice-Chair Hanley Representative Navarre Representative Brown Representative Parnell Representative Grussendorf Representative Therriault Representative Foster ALSO PRESENT Representative Jeannette James; Representative Brian Porter; Representative Jim Nordlund; Representative Joe Green; Representative David Finkelstein; Representative Al Vezey; Jeffery Logan, Staff, Representative Joe Green; Arthur Snowden, Administrative Director, Alaska Judicial System; Dean Guaneli, Chief, Assistant Attorney General, Criminal Division, Department of Law. SUMMARY HB 222 An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises. HB 222 was HELD in Committee for further consideration. HB 334 An Act relating to criminal sentencing; and relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions. 1 CS HB 334 (FIN) was reported out of Committee with "no recommendations" and with fiscal notes by the Department of Administration, the Alaska Court System and the Department of Law and with a zero fiscal note by the Department of Corrections. HB 351 An Act relating to the issuance of permits for the carrying of a concealed weapon. CS HB 351 (FIN) was reported out of Committee with "do pass" recommendation and with fiscal notes by the Department of Public Safety, the Office of the Governor and a zero fiscal note by the Department of Law dated 3/25/94. HB 400 An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another. HB 400 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Revenue. HB 430 An Act requiring certain applicants for a driver's license to take a driver training course. CS HB 430 (FIN) was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Public Safety. HB 490 An Act allowing a local bidder preference in certain contracts for school construction. HB 490 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Education dated 3/18/94. HOUSE BILL 351 "An Act relating to the issuance of permits for the carrying of a concealed weapon." Representative Martin called for the question on a previous pending MOTION to report CS HB 351 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Brown questioned if the restrictions proposed by the Department of Public Safety on unsafe firearms had been addressed. 2 REPRESENTATIVE JEANNETTE JAMES responded that there is protection included in the bill which would guarantee that the permittee must take a safety training class. She added that Representative Brown's concerns would not be addressed in the legislation. Co-Chair MacLean OBJECTED to the motion to report the bill from Committee. A roll call vote was taken on the MOTION. IN FAVOR: Parnell, Therriault, Foster, Hanley, Martin, Larson. OPPOSED: Brown, MacLean. Representatives Grussendorf, Hoffman and Navarre were not present for the vote. The MOTION PASSED (6-2). CS HB 351 (FIN) was reported out of Committee with "do pass" recommendation and with a fiscal note by the Department of Public Safety, the Office of the Governor and a zero fiscal note by the Department of Law dated 3/25/94. HOUSE BILL 400 "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another." Representative Hanley MOVED to report HB 400 out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Grussendorf OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Therriault, Hanley, Martin, Navarre, Parnell, Larson. OPPOSED: Brown, Foster, Grussendorf, MacLean. Representative Hoffman was not present for the vote. The MOTION PASSED (6-4). HB 400 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Revenue. HOUSE BILL 430 3 "An Act requiring certain applicants for a driver's license to take a driver training course." JEFFERY LOGAN, STAFF, REPRESENTATIVE JOE GREEN, pointed out that the legislation would establish new rules for young drivers. Due to the high incidence of accidents, injury and death among teenage drivers, many states and other political jurisdictions are changing the rules which grant teenagers the "license" to drive. The language of the bill would establish conditions during the provisional state including restrictions on night time driving encouraging driving in less dangerous circumstances. He added that studies have shown that night time restrictions have reduced accidents. Representative Foster MOVED to adopt work draft #8-LS1608\E, Ford, 4/07/94 as the version before the Committee. There being NO OBJECTION, it was adopted. Representative Grussendorf questioned the reference on Page 2, Line 3, which states that the permittee must be accompanied by a person at least twenty-five (25) years old as opposed to the previous age of nineteen (19). He thought that twenty-one would be a more appropriate age. REPRESENTATIVE JOE GREEN replied that twenty-five years old is an arbitrary and maturation number and an age which insurance companies utilize. Discussion followed regarding the maturation age of young adult drivers. Co-Chair MacLean questioned the night time driving restrictions. Mr. Logan replied that the restricted time from 1 a.m. to 5 a.m. is found to be the most dangerous time for young adults to drive. Co-Chair MacLean asked if the federal grants referenced in the fiscal notes as a funding source were available. Mr. Logan replied that the federal grants would be distributed under S-7.38, federal legislation which established a grant program to implement the proposed legislation. Representative Brown pointed out that the proposed fiscal note would be deficient to cover the operating costs. Mr. Logan advised that the authorizing grant legislation has passed the U.S. Senate and currently is in the U.S. House. Representative Brown reiterated that there will be a cost to the State of Alaska. Discussion followed among Committee members and Mr. Logan regarding the provisional driver's license and the restrictions on driver's license issued to a person under 21. 4 Co-Chair MacLean MOVED to amend Page 3, Section #3, deleting subsection (c), Lines 13-21. Representative Martin OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Brown, Foster, Grussendorf, Hanley, Navarre, Larson, MacLean. OPPOSED: Martin, Parnell, Therriault. Representative Hoffman was not present for the vote. The MOTION PASSED (7-3). Representative Martin MOVED to report CS HB 430 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Navarre OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Foster, Hanley, Martin, Parnell, Therriault, Larson. OPPOSED: Grussendorf, Navarre, Brown, MacLean. Representative Hoffman was not present for the vote. The MOTION PASSED (6-4). CS HB 430 (FIN) was reported out of Committee with "no recommendations" and with a zero fiscal note by the Department of Public Safety. HOUSE BILL 490 "An Act allowing a local bidder preference in certain contracts for school construction." Representative Brown pointed out the impact of the fiscal note. (Tape Change, HFC 94-122, Side 1). REPRESENTATIVE AL VEZEY stated that currently, 4 AASC 31.080 prohibits political subdivisions of the state from granting a local bidder preference on project funded under AS 13.11.011 - 12.11.020 and AS 14.11.100. The bill would not mandate that a local bidder preference be granted but it would require that the Department of Education (DOE) permit a local bidder preference if the political subdivision sees fit to do so. Representative Foster MOVED to report HB 490 out of 5 Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HB 490 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Education. HOUSE BILL 222 "An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises." Representative Therriault, Subcommittee Chair, advised that HB 222 was amended by the subcommittee. He explained in detail the changes made to the legislation. HB 222 was HELD in Committee for further consideration. HOUSE BILL 334 "An Act relating to criminal sentencing; and relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions." Representative Hanley MOVED TO RESCIND previous action taken on HB 334. Co-Chair MacLean OBJECTED. Representative Brown noted her opposition urging the Committee to look at the long-range costs of the bill. She emphasized that the bill had not previously been reported out of Committee, consequently, amendments to the legislation would be in order. Representative Brown MOVED to adopt Amendment #1 which would maintain limited discretion for Alaska judges for third time felons. Under this amendment, there would be no possibility for parole, suspension or good time credit whereas all other aspects of the bill would continue to remain. DEAN GUANELI, CHIEF, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, testified that Amendment #1 would be a policy call of the Legislature and he spoke in support of it. 6 REPRESENTATIVE CON BUNDE noted that he would support the language provided by Amendment #1. ARTHUR SNOWDEN, ADMINISTRATIVE DIRECTOR, ALASKA JUDICIAL SYSTEM, spoke in support of Amendment #1. There being NO OBJECTION to Amendment #1, it was adopted. Representative Brown MOVED to adopt Amendment #2 which would remove Class B felonies. Mr. Bunde explained that the third strike would be action resulting from a more serious crime than the two preceding crimes and he would consider that action to be an indication of a patterned behavior. Co-Chair MacLean spoke in support of Amendment #2. Mr. Guaneli advised that the amendment would be a "policy call" and not a legal question. The first two strikes can include a short list of Class B felonies, whereas, the third strike would result from a serious offense. Mr. Guaneli continued stating that the proposed legislation would result in much litigation to pursue a case. The scope has been broadened making the third strike more serious to pursue the sentencing option. Discussion followed among Committee members and Mr. Guaneli regarding the restrictions proposed by Amendment 2. Representative Brown proceeded providing the Committee with a full description of crimes included in HB 334 without the protection granted through Amendment #2. Representative Parnell OBJECTED to adopting Amendment #2. A roll call vote was taken on the MOTION. IN FAVOR: Martin, Therriault, Brown, Foster, Larson, MacLean. OPPOSED: Hanley, Parnell. Representative Grussendorf, Navarre and Hoffman were not present for the vote. The MOTION PASSED (6-2). Co-Chair MacLean MOVED TO WITHDRAW Amendment #3 and Amendment #4. There being NO OBJECTION, they were withdrawn. Representative Hanley MOVED TO RESCIND action on failure to pass HB 334 out of Committee. There being NO OBJECTION, it was so ordered. Representative Hanley MOVED to report CS HB 334 (FIN) out of 7 Committee with individual recommendations and with the accompanying fiscal notes. Representative Brown OBJECTED stating the legislation would keep felons in prison for a longer length, an effect which would substantially impact the Department of Corrections. A roll call vote was taken on the MOTION. IN FAVOR: Hanley, Martin, Parnell, Therriault, Foster, Larson. OPPOSED: Brown, MacLean. Representative Hoffman, Navarre and Grussendorf were not present for the vote. The MOTION PASSED (6-2). CS HB 334 (FIN) was reported out of Committee with "no recommendations" and with fiscal notes by the Department of Administration, the Alaska Court System, the Department of Law and a zero fiscal note by the Department of Corrections. ADJOURNMENT The meeting adjourned at 5:50 P.M. HOUSE FINANCE COMMITTEE April 11, 1994 4:15 P.M. TAPE HFC 94 - 121, Side 2, #000 - end. TAPE HFC 94 - 122, Side 1, #000 - #664. CALL TO ORDER Co-Chair Larson called the House Finance Committee meeting to order at 4:15 P.M. PRESENT Co-Chair Larson Representative Hoffman Co-Chair MacLean Representative Martin Vice-Chair Hanley Representative Navarre Representative Brown Representative Parnell Representative Grussendorf Representative Therriault Representative Foster ALSO PRESENT Representative Jeannette James; Representative Brian Porter; Representative Jim Nordlund; Representative Joe Green; Representative David Finkelstein; Representative Al Vezey; 8 Jeffery Logan, Staff, Representative Joe Green; Arthur Snowden, Administrative Director, Alaska Judicial System; Dean Guaneli, Chief, Assistant Attorney General, Criminal Division, Department of Law. SUMMARY HB 222 An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises. HB 222 was HELD in Committee for further consideration. HB 334 An Act relating to criminal sentencing; and relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions. CS HB 334 (FIN) was reported out of Committee with "no recommendations" and with fiscal notes by the Department of Administration, the Alaska Court System and the Department of Law and with a zero fiscal note by the Department of Corrections. HB 351 An Act relating to the issuance of permits for the carrying of a concealed weapon. CS HB 351 (FIN) was reported out of Committee with "do pass" recommendation and with fiscal notes by the Department of Public Safety, the Office of the Governor and a zero fiscal note by the Department of Law dated 3/25/94. HB 400 An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another. HB 400 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Revenue. HB 430 An Act requiring certain applicants for a driver's license to take a driver training course. 9 CS HB 430 (FIN) was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Public Safety. HB 490 An Act allowing a local bidder preference in certain contracts for school construction. HB 490 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Education dated 3/18/94. HOUSE BILL 351 "An Act relating to the issuance of permits for the carrying of a concealed weapon." Representative Martin called for the question on a previous pending MOTION to report CS HB 351 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Brown questioned if the restrictions proposed by the Department of Public Safety on unsafe firearms had been addressed. REPRESENTATIVE JEANNETTE JAMES responded that there is protection included in the bill which would guarantee that the permittee must take a safety training class. She added that Representative Brown's concerns would not be addressed in the legislation. Co-Chair MacLean OBJECTED to the motion to report the bill from Committee. A roll call vote was taken on the MOTION. IN FAVOR: Parnell, Therriault, Foster, Hanley, Martin, Larson. OPPOSED: Brown, MacLean. Representatives Grussendorf, Hoffman and Navarre were not present for the vote. The MOTION PASSED (6-2). CS HB 351 (FIN) was reported out of Committee with "do pass" recommendation and with a fiscal note by the Department of Public Safety, the Office of the Governor and a zero fiscal note by the Department of Law dated 3/25/94. HOUSE BILL 400 10 "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another." Representative Hanley MOVED to report HB 400 out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Grussendorf OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Therriault, Hanley, Martin, Navarre, Parnell, Larson. OPPOSED: Brown, Foster, Grussendorf, MacLean. Representative Hoffman was not present for the vote. The MOTION PASSED (6-4). HB 400 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Revenue. HOUSE BILL 430 "An Act requiring certain applicants for a driver's license to take a driver training course." JEFFERY LOGAN, STAFF, REPRESENTATIVE JOE GREEN, pointed out that the legislation would establish new rules for young drivers. Due to the high incidence of accidents, injury and death among teenage drivers, many states and other political jurisdictions are changing the rules which grant teenagers the "license" to drive. The language of the bill would establish conditions during the provisional state including restrictions on night time driving encouraging driving in less dangerous circumstances. He added that studies have shown that night time restrictions have reduced accidents. Representative Foster MOVED to adopt work draft #8-LS1608\E, Ford, 4/07/94 as the version before the Committee. There being NO OBJECTION, it was adopted. Representative Grussendorf questioned the reference on Page 2, Line 3, which states that the permittee must be accompanied by a person at least twenty-five (25) years old as opposed to the previous age of nineteen (19). He thought that twenty-one would be a more appropriate age. REPRESENTATIVE JOE GREEN replied that twenty-five years old is an arbitrary and maturation number and an age which 11 insurance companies utilize. Discussion followed regarding the maturation age of young adult drivers. Co-Chair MacLean questioned the night time driving restrictions. Mr. Logan replied that the restricted time from 1 a.m. to 5 a.m. is found to be the most dangerous time for young adults to drive. Co-Chair MacLean asked if the federal grants referenced in the fiscal notes as a funding source were available. Mr. Logan replied that the federal grants would be distributed under S-7.38, federal legislation which established a grant program to implement the proposed legislation. Representative Brown pointed out that the proposed fiscal note would be deficient to cover the operating costs. Mr. Logan advised that the authorizing grant legislation has passed the U.S. Senate and currently is in the U.S. House. Representative Brown reiterated that there will be a cost to the State of Alaska. Discussion followed among Committee members and Mr. Logan regarding the provisional driver's license and the restrictions on driver's license issued to a person under 21. Co-Chair MacLean MOVED to amend Page 3, Section #3, deleting subsection (c), Lines 13-21. Representative Martin OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Brown, Foster, Grussendorf, Hanley, Navarre, Larson, MacLean. OPPOSED: Martin, Parnell, Therriault. Representative Hoffman was not present for the vote. The MOTION PASSED (7-3). Representative Martin MOVED to report CS HB 430 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Navarre OBJECTED. A roll call vote was taken on the MOTION. IN FAVOR: Foster, Hanley, Martin, Parnell, Therriault, Larson. OPPOSED: Grussendorf, Navarre, Brown, MacLean. Representative Hoffman was not present for the vote. The MOTION PASSED (6-4). 12 CS HB 430 (FIN) was reported out of Committee with "no recommendations" and with a zero fiscal note by the Department of Public Safety. HOUSE BILL 490 "An Act allowing a local bidder preference in certain contracts for school construction." Representative Brown pointed out the impact of the fiscal note. (Tape Change, HFC 94-122, Side 1). REPRESENTATIVE AL VEZEY stated that currently, 4 AASC 31.080 prohibits political subdivisions of the state from granting a local bidder preference on project funded under AS 13.11.011 - 12.11.020 and AS 14.11.100. The bill would not mandate that a local bidder preference be granted but it would require that the Department of Education (DOE) permit a local bidder preference if the political subdivision sees fit to do so. Representative Foster MOVED to report HB 490 out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HB 490 was reported out of Committee with "no recommendations" and with a fiscal note by the Department of Education. HOUSE BILL 222 "An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises." Representative Therriault, Subcommittee Chair, advised that HB 222 was amended by the subcommittee. He explained in detail the changes made to the legislation. HB 222 was HELD in Committee for further consideration. HOUSE BILL 334 "An Act relating to criminal sentencing; and relating 13 to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions." Representative Hanley MOVED TO RESCIND previous action taken on HB 334. Co-Chair MacLean OBJECTED. Representative Brown noted her opposition urging the Committee to look at the long-range costs of the bill. She emphasized that the bill had not previously been reported out of Committee, consequently, amendments to the legislation would be in order. Representative Brown MOVED to adopt Amendment #1 which would maintain limited discretion for Alaska judges for third time felons. Under this amendment, there would be no possibility for parole, suspension or good time credit whereas all other aspects of the bill would continue to remain. DEAN GUANELI, CHIEF, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, testified that Amendment #1 would be a policy call of the Legislature and he spoke in support of it. REPRESENTATIVE CON BUNDE noted that he would support the language provided by Amendment #1. ARTHUR SNOWDEN, ADMINISTRATIVE DIRECTOR, ALASKA JUDICIAL SYSTEM, spoke in support of Amendment #1. There being NO OBJECTION to Amendment #1, it was adopted. Representative Brown MOVED to adopt Amendment #2 which would remove Class B felonies. Mr. Bunde explained that the third strike would be action resulting from a more serious crime than the two preceding crimes and he would consider that action to be an indication of a patterned behavior. Co-Chair MacLean spoke in support of Amendment #2. Mr. Guaneli advised that the amendment would be a "policy call" and not a legal question. The first two strikes can include a short list of Class B felonies, whereas, the third strike would result from a serious offense. Mr. Guaneli continued stating that the proposed legislation would result in much litigation to pursue a case. The scope has been broadened making the third strike more serious to pursue the sentencing option. Discussion followed among Committee members and Mr. Guaneli regarding the restrictions proposed by Amendment 2. Representative Brown proceeded providing the Committee with a full description of crimes 14 included in HB 334 without the protection granted through Amendment #2. Representative Parnell OBJECTED to adopting Amendment #2. A roll call vote was taken on the MOTION. IN FAVOR: Martin, Therriault, Brown, Foster, Larson, MacLean. OPPOSED: Hanley, Parnell. Representative Grussendorf, Navarre and Hoffman were not present for the vote. The MOTION PASSED (6-2). Co-Chair MacLean MOVED TO WITHDRAW Amendment #3 and Amendment #4. There being NO OBJECTION, they were withdrawn. Representative Hanley MOVED TO RESCIND action on failure to pass HB 334 out of Committee. There being NO OBJECTION, it was so ordered. Representative Hanley MOVED to report CS HB 334 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Brown OBJECTED stating the legislation would keep felons in prison for a longer length, an effect which would substantially impact the Department of Corrections. A roll call vote was taken on the MOTION. IN FAVOR: Hanley, Martin, Parnell, Therriault, Foster, Larson. OPPOSED: Brown, MacLean. Representative Hoffman, Navarre and Grussendorf were not present for the vote. The MOTION PASSED (6-2). CS HB 334 (FIN) was reported out of Committee with "no recommendations" and with fiscal notes by the Department of Administration, the Alaska Court System, the Department of Law and a zero fiscal note by the Department of Corrections. ADJOURNMENT The meeting adjourned at 5:50 P.M. 15