HOUSE STATE AFFAIRS STANDING COMMITTEE January 29, 1994 8:00 a.m. MEMBERS PRESENT Representative Al Vezey, Chairman Representative Pete Kott, Vice-Chairman Representative Bettye Davis Representative Gary Davis Representative Harley Olberg Representative Jerry Sanders (via teleconference in Anchorage) MEMBERS ABSENT Representative Fran Ulmer COMMITTEE CALENDAR SB 128: "An Act relating to legislative audits." HEARD AND HELD *HB 363: "An Act repealing an additional fee for motor vehicle registration not conducted by mail." HEARD AND HELD HJR 40: Proposing an amendment to the Constitution of the State of Alaska relating to the individual right to bear arms. HEARD AND HELD (* First time heard in committee) WITNESS REGISTER SENATOR RANDY PHILLIPS Alaska State Legislature State Capitol, Room 103 Juneau, Alaska 99801-1182 465-4949 Position Statement: Chair of the Legislative Budget and Audit Committee, Sponsor of SB 128 RANDY WELKER Legislative Audit Division Legislative Affairs Agency P.O. Box 113300 Juneau, Alaska 99811-3300 465-3830 Position Statement: Supported SB 128 NINA MAGNISON P.O. BOX 77 Eagle River, Alaska 99577 Position Statement: Commented on SB 128 and HB 363 REPRESENTATIVE PETE KOTT Alaska State Legislature State Capitol, Room 409 Juneau, Alaska 99801-1182 465-3777 Position Statement: Prime Sponsor of HB 363 SAM MEDSKER 1983 Yankovic Rd. Fairbanks, Alaska 99709 479-6520 Position Statement: Supported HB 363 and HJR 40 REPRESENTATIVE JERRY SANDERS Alaska State Legislature State Capitol, Room 13 Juneau, Alaska 99801-1182 465-4945 Position Statement: Prime Sponsor of HJR 40 JAY DELANEY Division of Motor Vehicles Department of Public Safety 5700 E. Tudor Anchorage, Alaska 99507 269-5559 Position Statement: Opposed HB 363 FREDRICK HEINZ P.O. Box 125 Gakona, Alaska 99586 822-3308 Position Statement: Supported HB 363 HAROLD HUME 4016 Birch Lane Fairbanks, Alaska 99709 479-6724 Position Statement: Supported HB 363 and HJR 40, with a rewording of SJR 39 DEANNA CHRYSUP 22135 Aurora Bourealis Chugiach, Alaska 99567 688-1090 Position Statement: Supported HB 363 and HJR 40 JAN HILL The Office P.O. Box 30 Petersburg, Alaska 99833 772-4262 Position Statement: Supported HB 363 DOUGLAS MILLARD P.O. Box 870351 Wasilla, Alaska 99678 376-2118 Position Statement: Supported HB 363 and HJR 40 PEARL MILLARD P.O. Box 870351 Wasilla, Alaska 99678 376-2118 Position Statement: Supported HB 363 MARK HEINZ P.O. Box 268 Gakona, Alaska 99586 822-3531 Position Statement: Supported HB 363 DAN PORTWINE 1500 Alaska Way Fairbanks, Alaska 99709 479-3046 Position Statement: Supported HJR 40 BUD SIMMONS 2017 Cushman Fairbanks, Alaska 99701 456-7663 Position Statement: Supported HJR 40 LES ZETTERBERG P.O. Box 663 Ward Cove, Alaska 99928 247-2494 Position Statement: Supported HJR 40 GEORGE CHIPMAN P.O. Box 8990 Ketchikan, Alaska 99901 225-8180 Position Statement: Supported HJR 40 K.E. FARROW P.O. Box 1009 Delta Junction, Alaska 99737 895-4452 Position Statement: Supported HJR 40 CHARLES B. GRIFFIN 3230 West 69th Ave. #A Anchorage, Alaska 99502 248-2022 Position Statement: Supported HJR 40 EUGENE P. MURPHY 3515 Bassar Dr. Anchorage, Alaska 99508 274-2880 Position Statement: Supported HJR 40 MARK CHRYSON 2140 Wolverine Circle Wasilla, Alaska 99654 376-8285 Position Statement: Supported HJR 40 MIKE KAZMIERCZMAK P.O. Box 470 Barrow, Alaska 99723 852-6111 Position Statement: Supported HJR 40 GILBERT CROSS P.O. Box 666 Barrow, Alaska 99723 852-3455 Position Statement: Supported HJR 40 REXENE OLSON P.O. Box 1448 Kodiak, Alaska 99615 486-4101 Position Statement: Supported HJR 40 JOHN CARLY South Midcoff Rd. Eagle River, Alaska 99577 Position Statement: Supported HJR 40 ALLEN DUARD 18111 Hidden Falls Ave. Eagle River, Alaska 99577 Position Statement: Supported HJR 40 HELEN McCOLLUM Tok Shooters Association P.O. Box 560 Tok, Alaska 99780 883-4414 Position Statement: Supported HJR 40 AUSTIN MAHALKEY P.O. Box 455 Glennallen, Alaska 99588 822-3613 Position Statement: Supported HJR 40 BILL HAGAR 431 Gaffney Rd. Fairbanks, Alaska 99709 452-6298 Position Statement: Supported HJR 40 BOB BRUMLOW 3811 E. 84th Anchorage, Alaska 99507 349-8237 Position Statement: Supported HJR 40 LOREANE JONES 4510 Snow Circle Anchorage, Alaska 99508 333-6462 Position Statement: Supported HJR 40 DOUG J. MALLETTE HC2 Box 329 Soldotna, Alaska 99669 262-2774 Position Statement: Supported HJR 40 ALLEN CORYELL P.O. Box 1044 Ward Cove, Alaska 99928 247-2497 Position Statement: Supported HJR 40 ELZIE ISLEY 2533 3rd Ave. Ketchikan, Alaska 99901 Position Statement: Supported HJR 40 GREG MACHACEK P.O. Box 56245 North Pole, Alaska 99705 Position Statement: Supported HJR 40 RICHARD LYSTAD P.O. Box 9019 Ketchikan, Alaska 99901 225-1268 Position Statement: Supported HJR 40 NOEL WOODS Matsu Valley Sportsman P.O. Box 827 Palmer, Alaska 99645 745-3027 Position Statement: Supported HJR 40 KURT MOSES address not available Position Statement: Supported HJR 40 and wording in SJR 39 PHYLLIS YETKA South Midcoff Rd. Eagle River, Alaska 99577 Position Statement: Supported HJR 40 DAVE STANCLIFF Slana Alaskans Unite Tok, Alaska 99780 Position Statement: Supported HJR 40 GIOVANNI TALLINO Kodiak Sportsman Association P.O. Box 1098 Kodiak, Alaska 99615 Position Statement: Supported HJR 40 PREVIOUS ACTION BILL: SB 128 SHORT TITLE: LEGISLATIVE AUDITS SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE BUDGET AND AUDIT JRN-DATE JRN-PG ACTION 02/22/93 440 (S) READ THE FIRST TIME/REFERRAL(S) 02/22/93 440 (S) STATE AFFAIRS, FINANCE 03/10/93 (S) STA AT 09:00 AM BUTROVICH 205 03/10/93 (S) MINUTE(STA) 03/17/93 (S) STA AT 09:00 AM BUTROVICH 205 03/17/93 (S) MINUTE(STA) 03/18/93 845 (S) STA RPT CS 1DP 3NR SAME TITLE 03/18/93 846 (S) ZERO FISCAL NOTE TO SB & CS (S.STA/GOV) 04/12/93 (S) FIN AT 09:00 AM SENATE FIN 518 04/12/93 (S) MINUTE(FIN) 04/14/93 1353 (S) FIN RPT 6DP 1NR (STA)CS 04/14/93 1354 (S) PREVIOUS ZERO FN (S.STA/GOV) 04/14/93 1353 (S) LETTER OF INTENT WITH FIN REPORT 04/13/93 (S) MINUTE(FIN) 04/14/93 (S) FIN AT 08:30 AM SENATE FIN 518 04/14/93 (S) MINUTE(FIN) 04/14/93 (S) MINUTE(RLS) 04/17/93 (S) MINUTE(SSA) 04/23/93 1693 (S) RULES 3 CAL 1NR 4/23/93 04/23/93 1694 (S) READ THE SECOND TIME 04/23/93 1694 (S) STA CS ADOPTED UNAN CONSENT 04/23/93 1695 (S) ADVANCE TO THIRD READING FAILED Y12 N8 04/23/93 1695 (S) THIRD READING 4/24 CALENDAR 04/24/93 1741 (S) READ THE THIRD TIME CSSB 128(STA) 04/24/93 1741 (S) (S) ADOPTED FIN LETTER OF INTENT 04/24/93 1741 (S) PASSED Y20 N- 04/24/93 1746 (S) TRANSMITTED TO (H) 04/27/93 1552 (H) READ THE FIRST TIME/REFERRAL(S) 04/27/93 1552 (H) STATE AFFAIRS, FINANCE 01/29/94 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 363 SHORT TITLE: NO FEE FOR CAR REGISTRATION IN PERSON SPONSOR(S): REPRESENTATIVE(S) KOTT,B.Davis JRN-DATE JRN-PG ACTION 01/11/94 2033 (H) READ THE FIRST TIME/REFERRAL(S) 01/11/94 2033 (H) STATE AFFAIRS, FINANCE 01/13/94 2056 (H) COSPONSOR(S): B. DAVIS 01/29/94 (H) STA AT 08:00 AM CAPITOL 102 BILL: HJR 40 SHORT TITLE: RIGHT TO KEEP AND BEAR ARMS SPONSOR(S): REPRESENTATIVE(S) SANDERS,Olberg,Green,Kott JRN-DATE JRN-PG ACTION 04/13/93 1178 (H) READ THE FIRST TIME/REFERRAL(S) 04/13/93 1178 (H) STATE AFFAIRS, JUDICIARY 04/20/93 1387 (H) CORRECTION TO ORIGINAL SPONSORS: 04/20/93 1387 (H) SANDERS, OLBERG 04/22/93 1449 (H) COSPONSOR(S): GREEN 05/01/93 1641 (H) COSPONSOR(S): KOTT 01/18/94 (H) STA AT 08:00 AM CAPITOL 102 01/18/94 (H) MINUTE(STA) 01/29/94 (H) STA AT 08:00 AM CAPITOL 102 ACTION NARRATIVE TAPE 94-6, SIDE A Number 001 CHAIRMAN VEZEY called the meeting to order at 8:00 a.m. on January 30, 1994. Members present Representatives B. Davis, Olberg, G. Davis and Kott. Representative Sanders was present via teleconference from Anchorage. SB 128 - LEGISLATIVE AUDITS Number 050 SENATOR RANDY PHILLIPS, CHAIR OF THE JOINT LEGISLATIVE BUDGET AND AUDIT COMMITTEE, SPONSOR OF SB 128, stated the purpose of SB 128 was to authorize a formal process to follow up on audits. Number 074 RANDY WELKER, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT DIVISION, LEGISLATIVE AFFAIRS AGENCY, testified in support of SB 128. He said that the Legislative Audit Division issues many audits each year and does not have the ability to follow-up. He continued to explained that SB 128 would put in place a formal mechanism that would involve the Office of Management and Budget (OMB). The bill, in Section 1, provides for the Legislative Budget and Audit Committee to make referrals to OMB that merit monitoring. Section 2 states that OMB will follow up on any recommendations referred to them. If the agencies have agreed with the recommendations, they are required to monitor the implementation. If the agencies have disagreed to the recommendations, OMB is responsible for getting agency to implement the recommendation or go back to Legislative Budget and Audit (LBA) with an alternative solution. Each year they would be required to submit a report to the LBA detailing the status of any recommendation referred to them for monitoring, thus improving accountability. Number 131 SENATOR PHILLIPS said the bill would provide continuity. Number 170 CHAIRMAN VEZEY commented on the difference between the 1993 fiscal note and the zero fiscal note from 1994. Number 175 MR. WELKER said he supported a zero fiscal note. Number 222 CHAIRMAN VEZEY commended the committee adopt a zero fiscal note for SB 128. REPRESENTATIVE KOTT asked Mr. Welker what the governor's response was to SB 128. Number 238 MR. WELKER said there was no strong objection to the bill. Number 276 CHAIRMAN VEZEY asked for clarification on Section 2. Number 305 MR. WELKER explained that Section 1 states the LBA Committee can identify an item for monitoring, and Section 2 outlines the responsibility of the OMB to review those items. Number 359 REPRESENTATIVE KOTT asked Mr. Welker what percentage of total requests are special audit requests. Number 365 MR. WELKER said that one out of thirty audits is a special audit request. Number 400 SENATOR PHILLIPS reiterated the importance of having a mechanism in place to follow up on the implementation of audit requests. Number 421 REPRESENTATIVE KOTT aired his skepticism on the role of the Office of Management and Budget. Number 432 MR. WELKER told Representative Kott that there is a reporting mechanism in the bill for the Office of Management and Budget to report to the auditors and the Budget and Audit Committee detailing the degree of implementation of items referred to them. Number 445 CHAIRMAN VEZEY asked for further questions. Hearing none, he announced that SB 128 would be heard February 8, 1994, to allow for an opportunity for the Office of Management and Budget to testify. Number 454 NINA MAGNISON testified from Eagle River on SB 128. She said the job should be done by independent audit. HB 363 - NO FEE FOR CAR REGISTRATION IN PERSON Number 475 REPRESENTATIVE PETE KOTT, PRIME SPONSOR OF HB 363, presented the bill by stating it simply repeals the ten dollar surcharge levied against citizens of Alaska that choose to conduct their business with the state in person. Number 509 REPRESENTATIVE OLBERG stated he supported HB 363 and he would support a five dollar fee for all those who register vehicles. Number 513 CHAIRMAN VEZEY responded to Representative Olberg's comment by asking if the committee should not concern itself with scheduling HB 317. He further noted that the committee would address the issue of adjusting fees when dealing with HB 328. Number 517 REPRESENTATIVE OLBERG responded in the affirmative. Number 525 SAM MEDSKER testified from Fairbanks in support of HB 363. Number 556 REPRESENTATIVE SANDERS testified in support of HB 363 from Anchorage. Number 563 JAY DELANEY, DIRECTOR OF MOTOR VEHICLES, DEPARTMENT OF PUBLIC SAFETY, testified in opposition to HB 363. He said, since the inception of the ten dollar fee, the amount of those registering by mail went from thirty to sixty percent. He went on to explain the difficulty of the Division of Motor Vehicles to efficiently and expeditiously serve the amount of people who registered in the division offices. Number 619 CHAIRMAN VEZEY asked if Mr. Delaney was prepared to provide a breakdown of time on services. Number 621 MR. DELANEY responded that vehicle registration is comprised of about twenty percent of the overall time. Number 628 REPRESENTATIVE KOTT pointed out that no additional personnel was added to process the mail-out applications. He continued by stating that the same amount of processing time was used to process applications whether it be by mail or in person and he questioned what the department was gaining by the mail-out. Number 640 MR. DELANEY responded by pointing out that the mail-out keeps people out of lines. Number 648 REPRESENTATIVE G. DAVIS commented on problems with late registration and asked Mr. Delaney for a comment regarding that. Number 657 MR. DELANEY said the department currently has a policy in place that waives the ten dollar fee if an individual is required, by the department, to be in the office. He went on to say that if there is reasonable cause for a person to come to the office, it is at the discretion of the office to waive the ten dollar fee. Number 683 REPRESENTATIVE OLBERG asked if the department had any comment on the possibility of a five dollar fee for all those registering to cover the loss if the ten dollar fee was repealed. Number 691 MR. DELANEY said the reason there was a ten dollar fee was for those who could use the mail-out program and didn't, and so the department would not have to increase the fee on everyone. TAPE 94-6, SIDE B Number 001 REPRESENTATIVE KOTT said that people should not be penalized for face-to-face public service. Number 020 MR. DELANEY said the department's business continues to increase every year from two to five percent and staffing levels are below what they were ten years ago, which hinders the ability of the department to keep up with the work load or purchase new equipment. Number 059 NINA MAGNISON testified from Eagle River in support of HB 363 and asked Mr. Delaney how much overtime was paid to employees working on mail-outs. Number 093 MR. DELANEY said the department was not funded for overtime and employees were not paid overtime. Number 111 FREDRICK HEINZ testified from Gakona in support of HB 363. Number 129 REPRESENTATIVE OLBERG suggested that HB 363 be discussed in a subcommittee. Number 145 REPRESENTATIVE KOTT said he had no objection. Number 157 REPRESENTATIVE OLBERG suggested that the subcommittee discuss and review the fiscal note on HB 363 and perhaps work with the subcommittee to review HB 328. Number 169 REPRESENTATIVE KOTT suggested that Representative Olberg head the subcommittee. Number 173 CHAIRMAN VEZEY announced that HB 363 would be heard again with HB 328 on February 8, 1994. Number 180 HAROLD HUME testified from Fairbanks in support of HB 363. Number 237 DEANNA CHRYSUP testified in support of HB 363. Number 249 JAN HILL, THE OFFICE, testified from Petersburg in support of HB 363 and said the ten dollar fee was a burden on her business. Number 283 DOUGLAS MILLARD testified from Wasilla in support of HB 363. Number 302 PEARL MILLARD testified from Wasilla in support of HB 363. Number 311 MARK HEINZ testified from Gakona in support of HB 363. Number 335 CHAIRMAN VEZEY concluded taking testimony on HB 363. HJR 40 - RIGHT TO KEEP AND BEAR ARMS Number 342 DAN PORTWINE testified from Fairbanks in support of HJR 40. Number 365 BUD SIMMONS testified from Fairbanks in support of HJR 40. Number 406 LES ZETTERBERG testified from Ward Cove in support of HJR 40. Number 428 GEORGE CHIPMAN testified from Ketchikan in support of HJR 40 and suggested a wording change. Number 460 K.E. Farrow testified from Delta Junction in support of HJR 40. Number 475 REPRESENTATIVE JERRY SANDERS, PRIME SPONSOR OF HJR 40, testified from Anchorage in support of HJR 40. Number 507 CHARLES GRIFFIN testified from Anchorage in support of HJR 40. Number 573 EUGENE MURPHY testified from Anchorage in support of HJR 40. Number 601 MARK CHRYSON testified from Wasilla on behalf of GUN OWNERS OF AMERICA in support of HJR 40. Number 652 DOUG MILLARD testified from Wasilla in support of HJR 40. Number 668 MIKE KAZMIERCZMAK testified from Barrow in support of HJR 40. Number 680 GILBERT CROSS testified from Barrow on behalf of himself and his wife in support of HJR 40. Number 689 REXENE OLSON testified from Kodiak on behalf of herself, her family, and KODIAK ISLAND NRA GRASS ROOTS in support of HJR 40. TAPE 94-7, SIDE A Number 001 JOHN CARLY testified from Eagle River in support of HJR 40. Number 031 ALLEN DUARD testified from Eagle River in support of HJR 40. Number 050 HELEN McCOLLUM testified from Tok on behalf of TOK SHOOTERS ASSOCIATION in support of HJR 40. Number 120 AUSTIN MAHALKEY testified from Glennallen in support of HJR 40. Number 139 SAM MEDSKER testified from Fairbanks in support of HJR 40. Number 178 BILL HAGAR testified from Fairbanks on behalf of the ALASKA WILDLIFE CONSERVATION ASSOCIATION in support of HJR 40, and requested that the committee add the preamble on SJR 39, lines 1 through 5. Number 248 BOB BRUMLOW testified from Anchorage in support of HJR 40. Number 287 LOREANE JONES testified from Anchorage in support of HJR 40. Number 337 DOUG MALLETTE testified from Soldotna in support of HJR 40 and asked Chairman Vezey where state militia was defined. Number 354 CHAIRMAN VEZEY responded it was Alaska Statute 26.05.010. Number 361 SCOTT CORYELL testified from Ward Cove in support of HJR 40, and said he would prefer SJR 39 pass the legislature. Number 376 ELZIE ISLEY testified from Ketchikan in support of HJR 40. Number 389 GREG MACHACEK testified from North Pole in support of HJR 40. Number 430 CHAIRMAN VEZEY announced that HJR 40 would be rescheduled to be heard February 12, 1994, along with HB 351. Number 441 HAROLD HUME testified from Fairbanks in support of HJR 40 with a rewording of SJR 39. Number 484 RICHARD LYSTAD, JR. testified from Ketchikan in support of HJR 40. Number 511 NOEL WOODS testified from Palmer on behalf of MATSU VALLEY SPORTSMAN in support of HJR 40. Number 537 DEANNA CHRYSUP testified in support of HJR 40. Number 542 KURT MOSES testified from Eagle River in support of HJR 40 and noted that he supported the wording in SJR 39. Number 559 PHYLLIS YETKA testified from Eagle River in support of HJR 40. Number 567 DAVE STANCLIFF representing ALASKANS UNITED testified from Tok in support of HJR 40. Number 583 GIOVANNI TALLINO president of KODIAK ISLAND SPORTSMAN ASSOCIATION testified from Kodiak in support of HJR 40. Number 617 CHAIRMAN VEZEY concluded the meeting at 10:15 a.m.