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.