ALASKA STATE LEGISLATURE  SENATE STATE AFFAIRS STANDING COMMITTEE  April 11, 2012 9:03 a.m. MEMBERS PRESENT Senator Bill Wielechowski, Chair Senator Joe Paskvan, Vice Chair Senator Albert Kookesh Senator Kevin Meyer Senator Cathy Giessel MEMBERS ABSENT  All members present COMMITTEE CALENDAR  HOUSE BILL NO. 316 "An Act relating to military facility zones in the state; relating to the development of housing in military facility zones; relating to the financing of projects in military facility zones; and providing for an effective date." - MOVED HB 316 OUT OF COMMITTEE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 271(TRA) AM "An Act relating to commercial motor vehicle requirements." - MOVED CSHB 271(TRA) AM OUT OF COMMITTEE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 333(STA) "An Act relating to the disposition of certain unused campaign contributions; and relating to public office expense term accounts and public office expense term account reserves." - MOVED CSHB 333(STA) OUT OF COMMITTEE HOUSE BILL NO. 345 "An Act relating to regulations adopted by the Department of Administration waiving the commercial motor vehicle driving skills test for certain drivers with military commercial motor vehicle experience." - MOVED HB 345 OUT OF COMMITTEE HOUSE BILL NO. 234 "An Act relating to picketing or protests at a funeral." - MOVED SCS CSHB 234(STA) OUT OF COMMITTEE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 64(FIN)(EFD AM) "An Act relating to permanent motor vehicle registration; relating to the registration fee for noncommercial trailers and to the motor vehicle tax for trailers; and providing for an effective date." - HEARD & HELD CS FOR SS FOR HOUSE BILL NO. 190(FIN) "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." - HEARD & HELD COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3(STA) "An Act relating to issuance of driver's licenses." - HEARD & HELD COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 8(FIN) "An Act relating to certain federal statutes, regulations, presidential executive orders, and secretarial orders; relating to the duties of the attorney general; and providing for an effective date." - HEARD & HELD HOUSE BILL NO. 281 "An Act establishing March 30 of each year as Welcome Home Vietnam Veterans Day." - HEARD & HELD COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 182(FIN) "An Act relating to electronic publication of certain municipal notices and publication and electronic distribution of reports by state agencies." - HEARD & HELD PREVIOUS COMMITTEE ACTION  BILL: HB 316 SHORT TITLE: MILITARY FACILITY ZONES SPONSOR(s): REPRESENTATIVE(s) THOMPSON 02/08/12 (H) READ THE FIRST TIME - REFERRALS 02/08/12 (H) MLV, STA 02/16/12 (H) MLV AT 1:00 PM CAPITOL 120 02/16/12 (H) Moved Out of Committee 02/16/12 (H) MINUTE(MLV) 02/17/12 (H) MLV RPT 2DP 1NR 1AM 02/17/12 (H) DP: LYNN, THOMPSON 02/17/12 (H) NR: MILLER 02/17/12 (H) AM: CISSNA 02/28/12 (H) STA AT 8:00 AM CAPITOL 106 02/28/12 (H) Moved Out of Committee 02/28/12 (H) MINUTE(STA) 02/29/12 (H) STA RPT 5DP 1NR 1AM 02/29/12 (H) DP: JOHANSEN, PETERSEN, P.WILSON, KELLER, LYNN 02/29/12 (H) NR: GRUENBERG 02/29/12 (H) AM: SEATON 03/05/12 (H) TRANSMITTED TO (S) 03/05/12 (H) VERSION: HB 316 03/06/12 (S) READ THE FIRST TIME - REFERRALS 03/06/12 (S) STA 03/29/12 (S) STA AT 9:00 AM BUTROVICH 205 03/29/12 (S) Heard & Held 03/29/12 (S) MINUTE(STA) 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Scheduled But Not Heard 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 271 SHORT TITLE: COMMERCIAL MOTOR VEHICLE REQUIREMENTS SPONSOR(s): REPRESENTATIVE(s) KELLER, PRUITT 01/17/12 (H) PREFILE RELEASED 1/13/12 01/17/12 (H) READ THE FIRST TIME - REFERRALS 01/17/12 (H) TRA 02/21/12 (H) TRA AT 1:00 PM CAPITOL 17 02/21/12 (H) Moved CSHB 271(TRA) Out of Committee 02/21/12 (H) MINUTE(TRA) 02/22/12 (H) TRA RPT CS(TRA) NT 5DP 1NR 02/22/12 (H) DP: PRUITT, MUNOZ, PETERSEN, GRUENBERG, P.WILSON 02/22/12 (H) NR: FEIGE 03/02/12 (H) TRANSMITTED TO (S) 03/02/12 (H) VERSION: CSHB 271(TRA) AM 03/05/12 (S) READ THE FIRST TIME - REFERRALS 03/05/12 (S) TRA, STA 03/20/12 (S) TRA AT 1:00 PM BUTROVICH 205 03/20/12 (S) Moved CSHB 271(TRA) am Out of Committee 03/20/12 (S) MINUTE(TRA) 03/21/12 (S) TRA RPT 4DP 03/21/12 (S) DP: KOOKESH, THOMAS, MENARD, HUGGINS 03/29/12 (S) STA AT 9:00 AM BUTROVICH 205 03/29/12 (S) Heard & Held 03/29/12 (S) MINUTE(STA) 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Scheduled But Not Heard 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 333 SHORT TITLE: CAMPAIGN CONTRIBUTIONS/POET ACCTS SPONSOR(s): REPRESENTATIVE(s) HAWKER 02/20/12 (H) READ THE FIRST TIME - REFERRALS 02/20/12 (H) STA 03/15/12 (H) STA RPT CS(STA) NT 5DP 1NR 03/15/12 (H) DP: KELLER, GRUENBERG, SEATON, PETERSEN, LYNN 03/15/12 (H) NR: JOHANSEN 03/15/12 (H) STA AT 8:00 AM CAPITOL 106 03/15/12 (H) Moved CSHB 333(STA) Out of Committee 03/15/12 (H) MINUTE(STA) 03/19/12 (H) TRANSMITTED TO (S) 03/19/12 (H) VERSION: CSHB 333(STA) 03/21/12 (S) READ THE FIRST TIME - REFERRALS 03/21/12 (S) STA 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Heard & Held 04/10/12 (S) MINUTE(STA) 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 345 SHORT TITLE: WAIVE CDL SKILL TEST FOR CERTAIN VETERANS SPONSOR(s): REPRESENTATIVE(s) SADDLER 02/22/12 (H) READ THE FIRST TIME - REFERRALS 02/22/12 (H) TRA, STA 03/27/12 (H) TRA AT 1:00 PM CAPITOL 17 03/27/12 (H) Moved Out of Committee 03/27/12 (H) MINUTE(TRA) 03/28/12 (H) TRA RPT 3DP 2NR 03/28/12 (H) DP: PETERSEN, GRUENBERG, P.WILSON 03/28/12 (H) NR: JOHNSON, PRUITT 04/03/12 (H) STA RPT 7DP 04/03/12 (H) DP: JOHANSEN, P.WILSON, KELLER, GRUENBERG, SEATON, PETERSEN, LYNN 04/03/12 (H) STA AT 8:00 AM CAPITOL 106 04/03/12 (H) Moved Out of Committee 04/03/12 (H) MINUTE(STA) 04/04/12 (H) TRANSMITTED TO (S) 04/04/12 (H) VERSION: HB 345 04/07/12 (S) READ THE FIRST TIME - REFERRALS 04/07/12 (S) STA 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Heard & Held 04/10/12 (S) MINUTE(STA) 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 234 SHORT TITLE: PICKETING AND PROTESTS AT FUNERALS SPONSOR(s): REPRESENTATIVE(s) THOMAS 04/09/11 (H) READ THE FIRST TIME - REFERRALS 04/09/11 (H) MLV, JUD 02/09/12 (H) MLV AT 1:00 PM CAPITOL 120 02/09/12 (H) Moved Out of Committee 02/09/12 (H) MINUTE(MLV) 02/10/12 (H) MLV RPT 4DP 1NR 2AM 02/10/12 (H) DP: GATTO, LYNN, THOMPSON, SADDLER 02/10/12 (H) NR: AUSTERMAN 02/10/12 (H) AM: MILLER, CISSNA 02/20/12 (H) JUD AT 1:00 PM CAPITOL 120 02/20/12 (H) Moved Out of Committee 02/20/12 (H) MINUTE(JUD) 02/22/12 (H) JUD RPT 5DP 2NR 02/22/12 (H) DP: LYNN, KELLER, THOMPSON, PRUITT, GATTO 02/22/12 (H) NR: GRUENBERG, HOLMES 03/06/12 (H) TRANSMITTED TO (S) 03/06/12 (H) VERSION: HB 234 03/12/12 (S) READ THE FIRST TIME - REFERRALS 03/12/12 (S) STA, JUD 04/05/12 (S) STA AT 9:00 AM BUTROVICH 205 04/05/12 (S) Heard & Held 04/05/12 (S) MINUTE(STA) 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Scheduled But Not Heard 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 64 SHORT TITLE: PERM. MOT. VEH. REGISTRATION/TRAILERS SPONSOR(s): REPRESENTATIVE(s) STOLTZE, KELLER 01/18/11 (H) PREFILE RELEASED 1/7/11 01/18/11 (H) READ THE FIRST TIME - REFERRALS 01/18/11 (H) STA, FIN 02/10/11 (H) STA AT 8:00 AM CAPITOL 106 02/10/11 (H) Moved Out of Committee 02/10/11 (H) MINUTE(STA) 02/11/11 (H) STA RPT 2DP 2NR 3AM 02/11/11 (H) DP: KELLER, LYNN 02/11/11 (H) NR: JOHANSEN, GRUENBERG 02/11/11 (H) AM: P.WILSON, SEATON, PETERSEN 02/11/11 (H) TRA REFERRAL ADDED AFTER STA 02/24/11 (H) TRA AT 1:00 PM CAPITOL 17 02/24/11 (H) Heard & Held; Assigned to Subcommittee 02/24/11 (H) MINUTE(TRA) 03/11/11 (H) TRA AT 3:30 PM BELTZ 105 (TSBldg) 03/11/11 (H) -- Public Testimony -- 03/15/11 (H) TRA AT 1:00 PM CAPITOL 17 03/15/11 (H) Moved CSHB 64(TRA) Out of Committee 03/15/11 (H) MINUTE(TRA) 03/16/11 (H) TRA RPT CS(TRA) 3DP 3NR 1AM 03/16/11 (H) DP: FEIGE, PRUITT, P.WILSON 03/16/11 (H) NR: MUNOZ, PETERSEN, GRUENBERG 03/16/11 (H) AM: JOHNSON 03/22/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/22/11 (H) Scheduled But Not Heard 03/30/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/30/11 (H) Scheduled But Not Heard 02/15/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519 02/15/12 (H) Heard & Held 02/15/12 (H) MINUTE(FIN) 03/23/12 (H) FIN AT 9:00 AM HOUSE FINANCE 519 03/23/12 (H) Scheduled But Not Heard 03/30/12 (H) FIN AT 9:00 AM HOUSE FINANCE 519 03/30/12 (H) Moved CSHB 64(FIN) Out of Committee 03/30/12 (H) MINUTE(FIN) 04/02/12 (H) FIN RPT CS(FIN) NT 8DP 1NR 1AM 04/02/12 (H) DP: FAIRCLOUGH, T.WILSON, GUTTENBERG, COSTELLO, EDGMON, DOOGAN, STOLTZE, 04/02/12 (H) THOMAS 04/02/12 (H) NR: GARA 04/02/12 (H) AM: NEUMAN 04/04/12 (H) TRANSMITTED TO (S) 04/04/12 (H) VERSION: CSHB 64(FIN)(EFD AM) 04/06/12 (S) READ THE FIRST TIME - REFERRALS 04/06/12 (S) STA, FIN 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Scheduled But Not Heard 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 190 SHORT TITLE: PFD ALLOWABLE ABSENCE SPONSOR(s): REPRESENTATIVE(s) FEIGE 03/11/11 (H) READ THE FIRST TIME - REFERRALS 03/11/11 (H) STA, FIN 03/31/11 (H) STA AT 8:00 AM CAPITOL 106 03/31/11 (H) Heard & Held 03/31/11 (H) MINUTE(STA) 04/12/11 (H) STA AT 8:00 AM CAPITOL 106 04/12/11 (H) Heard & Held 04/12/11 (H) MINUTE(STA) 01/20/12 (H) SPONSOR SUBSTITUTE INTRODUCED 01/20/12 (H) READ THE FIRST TIME - REFERRALS 01/20/12 (H) STA, FIN 02/07/12 (H) STA AT 8:00 AM CAPITOL 106 02/07/12 (H) Heard & Held 02/07/12 (H) MINUTE(STA) 02/09/12 (H) STA AT 8:00 AM CAPITOL 106 02/09/12 (H) Heard & Held 02/09/12 (H) MINUTE(STA) 02/14/12 (H) STA AT 8:00 AM CAPITOL 106 02/14/12 (H) Moved CSHB 190(STA) Out of Committee 02/14/12 (H) MINUTE(STA) 02/15/12 (H) STA RPT CS(STA) 6DP 1NR 02/15/12 (H) DP: P.WILSON, KELLER, GRUENBERG, SEATON, PETERSEN, LYNN 02/15/12 (H) NR: JOHANSEN 04/04/12 (H) FIN AT 9:00 AM HOUSE FINANCE 519 04/04/12 (H) Heard & Held 04/04/12 (H) MINUTE(FIN) 04/04/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/04/12 (H) Moved CSSSHB 190(FIN) Out of Committee 04/04/12 (H) MINUTE(FIN) 04/05/12 (H) FIN RPT CS(FIN) 6DP 4NR 04/05/12 (H) DP: FAIRCLOUGH, T.WILSON, COSTELLO, EDGMON, STOLTZE, THOMAS 04/05/12 (H) NR: GUTTENBERG, JOULE, NEUMAN, DOOGAN 04/09/12 (H) TRANSMITTED TO (S) 04/09/12 (H) VERSION: CSSSHB 190(FIN) 04/10/12 (S) READ THE FIRST TIME - REFERRALS 04/10/12 (S) STA 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 3 SHORT TITLE: REQUIREMENTS FOR DRIVER'S LICENSE SPONSOR(s): REPRESENTATIVE(s) LYNN, HAWKER, CHENAULT, JOHNSON, GATTO 01/18/11 (H) PREFILE RELEASED 1/7/11 01/18/11 (H) READ THE FIRST TIME - REFERRALS 01/18/11 (H) STA, FIN 01/27/11 (H) STA AT 8:00 AM CAPITOL 106 01/27/11 (H) Heard & Held 01/27/11 (H) MINUTE(STA) 02/01/11 (H) STA AT 8:00 AM CAPITOL 106 02/01/11 (H) Moved CSHB 3(STA) Out of Committee 02/01/11 (H) MINUTE(STA) 02/02/11 (H) STA RPT CS(STA) 3DP 4NR 02/02/11 (H) DP: P.WILSON, KELLER, LYNN 02/02/11 (H) NR: JOHANSEN, GRUENBERG, SEATON, PETERSEN 02/22/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519 02/22/11 (H) Moved CSHB 3(STA) Out of Committee 02/22/11 (H) MINUTE(FIN) 02/23/11 (H) FIN RPT CS(STA) 7DP 4NR 02/23/11 (H) DP: FAIRCLOUGH, T.WILSON, DOOGAN, NEUMAN, COSTELLO, STOLTZE, THOMAS 02/23/11 (H) NR: GARA, GUTTENBERG, JOULE, EDGMON 02/28/11 (H) TRANSMITTED TO (S) 02/28/11 (H) VERSION: CSHB 3(STA) 03/01/11 (S) READ THE FIRST TIME - REFERRALS 03/01/11 (S) STA, TRA 04/07/11 (S) STA AT 9:00 AM BUTROVICH 205 04/07/11 (S) Heard & Held 04/07/11 (S) MINUTE(STA) 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Scheduled But Not Heard 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 8 SHORT TITLE: FEDERAL REGULATIONS & EXECUTIVE ORDERS SPONSOR(s): REPRESENTATIVE(s) KELLER 01/18/11 (H) PREFILE RELEASED 1/7/11 01/18/11 (H) READ THE FIRST TIME - REFERRALS 01/18/11 (H) JUD, FIN 02/16/11 (H) JUD AT 1:00 PM CAPITOL 120 02/16/11 (H) Moved CSHB 8(JUD) Out of Committee 02/16/11 (H) MINUTE(JUD) 02/18/11 (H) JUD RPT CS(JUD) 5DP 02/18/11 (H) DP: PRUITT, THOMPSON, KELLER, LYNN, GATTO 03/22/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/22/11 (H) Scheduled But Not Heard 03/30/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/30/11 (H) Moved CSHB 8(FIN) Out of Committee 03/30/11 (H) MINUTE(FIN) 03/31/11 (H) FIN RPT CS(FIN) NT 6DP 1DNP 3NR 1AM 03/31/11 (H) DP: FAIRCLOUGH, T.WILSON, HAWKER, COSTELLO, STOLTZE, THOMAS 03/31/11 (H) DNP: DOOGAN 03/31/11 (H) NR: GARA, JOULE, EDGMON 03/31/11 (H) AM: GUTTENBERG 04/11/11 (H) TRANSMITTED TO (S) 04/11/11 (H) VERSION: CSHB 8(FIN) 04/12/11 (S) READ THE FIRST TIME - REFERRALS 04/12/11 (S) STA, JUD 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Scheduled But Not Heard 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 281 SHORT TITLE: WELCOME HOME VIETNAM VETERANS DAY SPONSOR(s): REPRESENTATIVE(s) THOMAS 01/17/12 (H) READ THE FIRST TIME - REFERRALS 01/17/12 (H) MLV 02/09/12 (H) MLV AT 1:00 PM CAPITOL 120 02/09/12 (H) Moved Out of Committee 02/09/12 (H) MINUTE(MLV) 02/10/12 (H) MLV RPT 6DP 02/10/12 (H) DP: MILLER, CISSNA, GATTO, LYNN, THOMPSON, SADDLER 02/20/12 (H) TRANSMITTED TO (S) 02/20/12 (H) VERSION: HB 281 02/21/12 (S) READ THE FIRST TIME - REFERRALS 02/21/12 (S) STA 04/10/12 (S) STA AT 9:00 AM BUTROVICH 205 04/10/12 (S) Scheduled But Not Heard 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) BILL: HB 182 SHORT TITLE: ELECTRONIC DISTRIB. OF REPORTS/NOTICES SPONSOR(s): REPRESENTATIVE(s) JOHANSEN 03/09/11 (H) READ THE FIRST TIME - REFERRALS 03/09/11 (H) STA, FIN 03/29/11 (H) STA AT 8:00 AM CAPITOL 106 03/29/11 (H) Heard & Held 03/29/11 (H) MINUTE(STA) 04/12/11 (H) STA AT 8:00 AM CAPITOL 106 04/12/11 (H) Heard & Held 04/12/11 (H) MINUTE(STA) 01/19/12 (H) STA AT 8:00 AM CAPITOL 106 01/19/12 (H) Moved CSHB 182(STA) Out of Committee 01/19/12 (H) MINUTE(STA) 01/23/12 (H) STA RPT CS(STA) NT 4DP 3AM 01/23/12 (H) DP: P.WILSON, PETERSEN, JOHANSEN, LYNN 01/23/12 (H) AM: KELLER, GRUENBERG, SEATON 03/07/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/07/12 (H) Scheduled But Not Heard 03/16/12 (H) FIN AT 9:00 AM HOUSE FINANCE 519 03/16/12 (H) Moved CSHB 182(FIN) Out of Committee 03/16/12 (H) MINUTE(FIN) 03/19/12 (H) FIN RPT CS(FIN) NT 8DP 2NR 1AM 03/19/12 (H) DP: FAIRCLOUGH, GARA, T.WILSON, GUTTENBERG, JOULE, COSTELLO, STOLTZE, THOMAS 03/19/12 (H) NR: EDGMON, DOOGAN 03/19/12 (H) AM: NEUMAN 04/02/12 (H) TRANSMITTED TO (S) 04/02/12 (H) VERSION: CSHB 182(FIN) 04/04/12 (S) READ THE FIRST TIME - REFERRALS 04/04/12 (S) STA, FIN 04/11/12 (S) STA AT 9:00 AM BELTZ 105 (TSBldg) WITNESS REGISTER JANE PEARSON, Staff Representative Steve Thompson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Offered to answer questions related to HB 316 on behalf of the sponsor. JIM POUND, Staff Representative Wes Keller Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Offered to answer questions regarding HB 271 on behalf of the sponsor. AARON SCHROEDER, Staff Representative Bill Thomas Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Explained the changes in HB 234 on behalf of the sponsor. JEFFERY MITTMAN, Executive Director American Civil Liberties Union of Alaska Anchorage, Alaska POSITION STATEMENT: Voiced concerns about HB 234 and HB 3. RYAN MCKEE, Staff Representative Bill Stoltze Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Introduced HB 64 on behalf of the sponsor. WHITNEY BREWSTER, Director, Division of Motor Vehicles (DMV), Department of Administration Anchorage, Alaska POSITION STATEMENT: Answered questions related to HB 64. REPRESENTATIVE ERIC FEIGE Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 190. MICHAEL PASCHALL, Staff Representative Eric Feige Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Explained HB 190 on behalf of the sponsor. DEBBIE BITNEY, Director Permanent Fund Dividend Division Department of Revenue Juneau, Alaska POSITION STATEMENT: Answered questions related to HB 190. MICHAEL BARBER, Assistant Attorney General Commercial/Fair Business Section Department of Law Juneau, Alaska POSITION STATEMENT: Answered questions related to HB 190. LISA KIRSCH, Attorney Legislative Legal Juneau, Alaska POSITION STATEMENT: Answered questions related to HB 190. REPRESENTATIVE BOB LYNN Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 3 DEAN WAUSON, Supervisory Special Agent Office of Homeland Security Anchorage, Alaska POSITION STATEMENT: Testified in favor of HB 3. MICHAEL SICA, Staff Representative Bob Lynn Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Testified on HB 3 on behalf of the sponsor. JIM POUND, Staff Representative Wes Keller Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Presented HB 8 on behalf of the sponsor. JOANNE GRACE, Chief Assistant Attorney Opinions, Appeals, & Ethics Department of Law Anchorage, Alaska POSITION STATEMENT: Answered questions related to HB 8. STUART THOMPSON, representing himself Meadow Lakes, Alaska POSITION STATEMENT: Testified in support of HB 8. AARON SCHROEDER, Staff Representative Bill Thomas Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Explained HB 281 on behalf of the sponsor. REID HARRIS, Staff Representative Kyle Johansen Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Presented HB 182 on behalf of the sponsor. TENA WILLIAMS, Owner Ketchikan Daily News Ketchikan, Alaska POSITION STATEMENT: Testified in opposition to HB 182. ACTION NARRATIVE 9:03:18 AM CHAIR BILL WIELECHOWSKI called the Senate State Affairs Standing Committee meeting to order at 9:03 a.m. Present at the call to order were Senators Giessel, Paskvan, and Chair Wielechowski. Senator Kookesh arrived shortly thereafter. HB 316-MILITARY FACILITY ZONES  9:05:09 AM CHAIR WIELECHOWSKI announced that the first bill before the committee would be HB 316, which would allow the Department of Military and Veterans Affairs to establish military facility zones. He said it was the second hearing on the bill and Representative Thompson is the prime sponsor. He noted three zero fiscal notes for the bill. JANE PEARSON, Staff, Representative Steve Thompson, offered to answer questions related to HB 316 on behalf of the sponsor. CHAIR WIELECHOWSKI noted HB 316 was a good bill. He said it would help protect Alaska during the BRAC hearings. He requested a motion to move HB 316 from committee. SENATOR PASKVAN moved to report HB 316 from committee with individual recommendations and the attached zero fiscal notes. There being no objection, HB 316 was moved from the Senate State Affairs Standing Committee. HB 271-COMMERCIAL MOTOR VEHICLE REQUIREMENTS  9:06:39 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 271, which would change the way the DMV classifies commercial motor vehicles. It is the second hearing on the bill. The bill has a zero fiscal note. JIM POUND, Staff, Representative Wes Keller, offered to answer questions regarding HB 271 on behalf of the sponsor. CHAIR WIELECHOWSKI said HB 271 was good common sense and would help small businesses. SENATOR PASKVAN moved to report HB 271, version {D.A} from committee with individual recommendations and the attached zero fiscal note. There being no objection, CSHB 271(TRA)am was moved from the Senate State Affairs Standing Committee. HB 333-CAMPAIGN CONTRIBUTIONS/POET ACCTS  9:07:37 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 333, which would eliminate POET reserve accounts. In a previous meeting Juli Lucky, staff to Representative Hawker, sponsor of the bill, provided an overview. Joan Mize, Program Coordinator at APOC stated that the bill was a clean-up bill that APOC supports. The bill has a zero fiscal note. SENATOR PASKVAN moved to report CSHB 333, version I, from committee with individual recommendations and the attached zero fiscal note. There being no objection, CSHB 333(STA) was moved from the Senate State Affairs Standing Committee. HB 345-WAIVE CDL SKILL TEST FOR CERTAIN VETERANS  9:08:42 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 345, which would waive the Commercial Driver's License Skills test for members of the military who have earned experience operating commercial vehicles. Representative Saddler, the bill's sponsor, provided an overview of the bill at a previous meeting. CHAIR WIELECHOWSKI requested a motion to move the bill. SENATOR PASKVAN moved to report HB 345, version A, from committee with individual recommendations and the attached zero fiscal note. There being no objection, HB 345 was moved from the Senate State Affairs Standing Committee. At-ease from 9:09 a.m. to 9:10 a.m. HB 234-PICKETING AND PROTESTS AT FUNERALS  9:10:18 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 234, which would prohibit picketing at a funeral within certain distances. He said there was a new CS for the bill. CHAIR WIELECHOWSKI requested a motion to adopt the proposed SCS for HB 234, version X. SENATOR PASKVAN moved to adopt the proposed SCS for HB 234, labeled 27-LS0627\X, as the working document. CHAIR WIELECHOWSKI objected for discussion purposes. AARON SCHROEDER, Staff, Representative Bill Thomas, explained the changes in HB 234 on behalf of the sponsor. The word "protest" was deleted throughout the bill. A clarification was made regarding "inside of a cemetery, mortuary, church, or other facility, or within 100 feet of that facility." Also, on page 3, line 17, the definition of picketing was reworded to mean an act directed toward a funeral that disrupts or disturbs that funeral. 9:12:13 AM JEFFERY MITTMAN, Executive Director, American Civil Liberties Union (ACLU) of Alaska, voiced concerns about HB 234. He said he had had an opportunity to review version X. He stated that ACLU still has concerns about First Amendment issues. He referred to page 3, lines 17 and 18, regarding picketing as an area of concern. ACLU's analysis is based on the standard First Amendment time, place, and manner restrictions being content neutral. The bill focuses on a certain type of speech - speech directed towards a funeral - and runs afoul of First Amendment restrictions and restrictions on First Amendment rights. He said he preferred legislation that focused on content neutral material, such as excessive noise. In the bill, a certain type of content is being restricted. He gave an example if two different types of individuals standing in the same place. One could be a union worker protesting the conduct of a hotel across the street. The other might be a person engaged in the same conduct holding a sign saying something about the funeral. The person holding the sign about the hotel would not fall under the legislation, but the person holding the sign about the funeral would. He concluded that that was an example of non-content neutrality. CHAIR WIELECHOWSKI thanked the testifier. He noted the bill has a Judiciary Committee referral. He said he preferred to move the bill. SENATOR PASKVAN moved to report the SCS for HB 234, version X, from committee with individual recommendations and the attached fiscal notes. There being no objection, SCS HB 234(STA) was moved from the Senate State Affairs Standing Committee. HB 64-PERM. MOT. VEH. REGISTRATION/TRAILERS  9:16:24 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 64, which would allow DMV to issue permanent registration to certain vehicles and trailers. RYAN MCKEE, staff to Representative Bill Stoltze, introduced HB 64 on behalf of the sponsor. He related that HB 64 is the permanent registration for non-commercial motor vehicles and trailers, and applies to motor vehicles older than eight years. It establishes a fee for permanent registration. For trailers, the regular bi-annual fee is $30, plus $25 which would go to the permanent registration fee. For vehicles, the regular bi-annual fee is $100, plus the $25 permanent registration fee. He explained that the bill allows municipalities, cities, and boroughs to establish a motor vehicle registration tax for vehicles and trailers that are registered permanently. This is done by an ordinance approved by the local legislative body. The state DMV must be notified a year before it goes into effect. He addressed the limits for the amount of motor vehicle registration tax the state will collect for municipalities, cities, and boroughs for permanently registered vehicles and trailers. If the tax is above $100, the state will not collect the tax; the municipalities will have to collect it. The effective date for this legislation will be January 1, 2013. Permanent registration will also be available beginning January 1, 2013. This means that municipalities, cities, and boroughs, cannot set a permanent rate for the tax until then. CHAIR WIELECHOWSKI asked how the bill would affect municipal revenues related to vehicle registration. MR. MCKEE explained that in the first two years, 2013 and 2014, there would be an increase in municipal revenue by $11 million. In 2015, there would be a decrease of $20 million in municipal revenue. He said it would be a savings to the people, though. CHAIR WIELECHOWSKI asked for an analysis after 2015. MR. MCKEE said he did not have that information. CHAIR WIELECHOWSKI asked about opposition to the bill from municipalities. MR. MCKEE reported no concerns from municipalities or the DMV. CHAIR WIELECHOWSKI asked if permanent registration would pose any problems identifying abandoned vehicles. MR. MCKEE clarified that the permanent registration is an option for individuals. If a vehicle switches to a different owner, the new owner would have to pay the fee again. 9:20:31 AM SENATOR PASKVAN noted opposition from the Alaska Municipal League. He opined that the bill has a negative impact on municipalities. MR. MCKEE thought it was because of the reduction in revenue to municipalities. He noted the sponsor sees the legislation as giving back to Alaskans. SENATOR PASKVAN pointed out that the bill was not revenue neutral; therefore it is an unfunded mandate to the municipalities. MR. MCKEE noted two years of a surplus of revenue for the municipalities. 9:22:32 AM WHITNEY BREWSTER, Director, Division of Motor Vehicles (DMV), Department of Administration, answered questions related to HB 64. She stated that the bill would allow DMV to charge a permanent registration fee for vehicles eight years old and older, as well as for non-commercial trailers. She clarified that DMV would see a bump in revenue in FY 13 and FY 14; however, there would be a drop in revenue which would remain a loss for the life-span of those vehicles. The loss of revenue would be $1 to $2 million and difficult to project. She stated that the loss of revenue would not be as great as shown in the fiscal note for FY 15 - FY 18. She explained that DMV does collect motor vehicle registration taxes on behalf of 16 municipalities and retains 8 percent, which goes into general fund. Historically, the collection cost is about $1 million. She clarified that the effective date of January 1, 2013, means municipalities cannot pass an ordinance to allow for a permanent registration fee until January 1, 2013, and cannot begin to collect that fee until January 1, 2015. SENATOR PASKVAN asked what percentage of non-commercial vehicles in Alaska are 8 years old or older. MS. BREWSTER replied that currently there are 369,500 vehicles that are eligible for permanent registration in 2013 out of a total of a million vehicles. SENATOR PASKVAN asked if the vehicles newer than 8 years old would have to pick up the revenue slack. He gave an example of the owner of a car that was five years old having to pay more eventually. 9:26:57 AM MS. BREWSTER said the legislature sets the fees and would have to make that decision. CHAIR WIELECHOWSKI noted the arrival of Senator Meyer. CHAIR WIELECHOWSKI asked if DMV revenues are from license fees or from the general fund. MS. BREWSTER said DMV revenues come from general fund program receipts and DMV would be able to cover the costs associated with operations contained in the bill. DMV is neutral regarding HB 64. CHAIR WIELECHOWSKI asked if a loss of $1.5 million would have an impact on DMV program receipts. MS. BREWSTER said no. CHAIR WIELECHOWSKI inquired if general funds would make up the loss. MS. BREWSTER said yes. CHAIR WIELECHOWSKI closed public testimony and set HB 64 aside. HB 190-PFD ALLOWABLE ABSENCE  9:29:02 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 190, which amends statutes regarding Permanent Fund Dividend (PFD) allowable absences and removes the 10-year rule that prohibits an Alaskan living outside the state from receiving a dividend under certain circumstances. REPRESENTATIVE ERIC FEIGE, sponsor of HB 190, introduced the bill. He related that last year legislators received an email from an Alaskan in the U.S. Navy who was denied his PFD because of a 1998 law that prevents those in the military from receiving a dividend when otherwise eligible for an allowable absence. Those serving Congress in Washington, DC, continue to receive a dividend. The bill will bring equality to those who serve in the military, while tightening the restrictions on those that qualify for an allowable absence longer than five years. MICHAEL PASCHALL, staff to Representative Eric Feige, explained HB 190 on behalf of the sponsor. He said the purpose of the bill is to provide equity to those residents who are absent while serving the state. He explained the eligibility rules of PFD allowable absences. The PFD Division hears from approximately 1,300 absentees after five years when intent to return to Alaska must be proven. He said that putting that presumption into statute should reduce the number of appeals. At ten years, everyone is denied a PFD except for a small class of individuals. MR. PASCHALL related that Section 1 is conforming regarding the repeal that takes place in Section 3. Section 2 establishes in law the presumption that someone who is absent from the state for more than 180 days in each of the previous five years, does not plan to return to the state and is not eligible to receive a PFD. It also provides a method to appeal a denial. Section 3 repeals AS 43.23.008(C), the ten-year rule. Section 4 allows someone who was previously denied a PFD under the ten-year rule to be eligible to obtain the current year PFD. Section 5 makes the law retroactive to January 1, 2012. Section 6 makes the bill effective immediately. CHAIR WIELECHOWSKI thanked Mr. Paschall for his work on the bill. DEBBIE BITNEY, Director, Permanent Fund Dividend Division, Department of Revenue, offered to answer questions related to HB 190. CHAIR WIELECHOWSKI asked how many Alaskans are declared ineligible for a PFD because of the ten-year rule. MS. BITNEY related that it was in the 100's. CHAIR WIELECHOWSKI asked which situations were causing Alaskans to remain out of state for ten years. MS. BITNEY replied that it was, by far, for military reasons, but also, students and family care-givers. CHAIR WIELECHOWSKI asked for data regarding persons who return to Alaska after being gone for ten years. MS. BITNEY reported that only 80 people returned to the state, which shows a need for the "intent" aspect of the bill. 9:37:18 AM CHAIR WIELECHOWSKI noted support for those who are sincerely coming back to Alaska. He questioned if the 5-year provision in the bill would help weed people out who are not planning to return to Alaska. MS. BITNEY said it makes determining who has intent to return easier for the division and is clearer for the applicant as to how to show intent to return. SENATOR PASKVAN asked for more information about "30 cumulative days over a five-year period." MS. BITNEY noted a rule which states in order to maintain residency, a person must return to the state for 72 hours every two years, with the exception of military families who qualify for hostile fire pay. The "30 cumulative days over a five-year period" is a separate requirement. SENATOR PASKVAN asked about a connection between children and spouses regarding the residency requirements. MS. BITNEY said that residency requirements are individual and each person has to come back. CHAIR WIELECHOWSKI asked how often the 72-hour rule is waived. MS. BITNEY did not have those numbers. 9:41:16 AM CHAIR WIELECHOWSKI requested a ballpark figure. MS. BITNEY guessed it was less than 500 per year. CHAIR WIELECHOWSKI gave an example of a military situation and asked if the 72-hour rule would be waived for whole family. MS. BITNEY said, as the statute is currently written, it would be waived for the family, also. CHAIR WIELECHOWSKI asked if the division supports the bill. MS. BITNEY said the bill would help the division do its work. CHAIR WIELECHOWSKI summarized that the new CS has a 5-year provision, but keeps the 10-year requirement, with an exemption for military members. 9:43:52 AM MICHAEL BARBER, Assistant Attorney General, Commercial/Fair Business Section, Department of Law, answered questions related to HB 190. CHAIR WIELECHOWSKI requested a motion to adopt the new SCS for CSSSHB 190(FIN), version Y. SENATOR PASKVAN moved to adopt the proposed SCS for CSSSHB 190(FIN), labeled 27-LS0564\Y, as the working document. CHAIR WIELECHOWSKI objected for discussion purposes. He restated the contents of the bill and asked if the Department of Law had any concerns. MR. BARBER related that the bill may violate the equal protection law. The main consideration for PFD eligibility is residency or physical presence in the state with the intent to remain indefinitely. The allowable absences provisions are designed to help the department determine who is eligible and are consistent with the intent to return. In 1998 the legislature created a bright line rule that exempted members of Congress and their staff who are not similarly situated. Military members are also not similarly situated and are more likely to return after ten years, which would satisfy the equal protection concern. CHAIR WIELECHOWSKI spoke of unique concerns of congressional members and military members because of their on-going connectedness to the state. He maintained that they should still receive a PFD. 9:48:52 AM SENATOR PASKVAN asked if it were possible to have forfeiture provisions for those who say they are going to return but don't. MR. BARBER thought that would be problematic. He referred to discussions in House Finance providing that the PFD could be deposited as an incentive to return to the state. SENATOR PASKVAN agreed with that concept. He stated that with only 80 people out of thousands returning to Alaska, the bill may be unnecessary. CHAIR WIELECHOWSKI agreed with Senator Paskvan's statement. He recalled his discomfort with the previous version of the bill. He asked Ms. Bitney for suggestions on solutions for the problem of people claiming intent to return to Alaska and collecting PFD's, but then not returning as promised. MS. BITNEY suggested that clearly defining proof of intent to return would achieve that goal. 9:52:38 AM CHAIR WIELECHOWSKI asked if there were legal concerns about using an escrow account after five years. MR. BARBER said he thought it was attractive because it incentivized people, but he requested more time to think about it. CHAIR WIELECHOWSKI requested that Mr. Barber provide more information at a later date. CHAIR WIELECHOWSKI asked for a legal opinion on whether the exception for active duty military would violate the equal protection clause. 9:54:11 AM LISA KIRSCH, Attorney, Legislative Legal, agreed with Mr. Barber's opinion. She added that the legislature would have to show there was a rational basis for the decision, such as the military is a unique situation. She cautioned that one can never predict a court decision. She opined that it would survive equal protection scrutiny. CHAIR WIELECHOWSKI closed public testimony and set HB 190 aside. SENATOR PASKVAN asked the division to provide information about the very few military families who did return to Alaska and how much money was spent on dividends for those who did not return. HB 3-REQUIREMENTS FOR DRIVER'S LICENSE  9:58:03 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 3, which would allow DMV to issue a driver's license that expires in less than five years. It would require anyone staying in the country "indefinitely" to renew their driver's license annually. The committee heard the bill last year and received considerable public testimony in opposition to the bill, but wanted to give the sponsor a second opportunity to make his case for the bill. REPRESENTATIVE BOB LYNN, sponsor of HB 3, thanked the committee for hearing the bill for the second time. It would allow DMV to issue a driver's license that expires in less than five years, so that a visitor's driver's license would expire at the same time their visa expires. He related that HB 3 reflects what is considered to be best practice by the American Association of Motor Vehicles Administrators. It puts Alaska in line with 30 other states, plus the District of Columbia. Alaska's DMV already requires a new applicant for a driver's license to prove their legal presence. 10:00:17 AM JEFFERY MITTMAN, American Civil Liberties Union of Alaska, testified in opposition to HB 3. He noted he has submitted written testimony. He voiced concern about non-citizen residents who may have an indefinite stay in the U.S. not being treated the same as those who live here. The DMV has certain responsibilities such as making sure drivers know the rules of the road and can drive safely. The driver's license is not intended to be an immigration document. He spoke of the rights of the federal government to regulate immigration, not the states. He also spoke of potential racial profiling during the process of determining who may be asked for proof of the right to be present in the state. 10:03:10 AM DEAN WAUSON, Supervisory Special Agent, Office of Homeland Security, testified in favor of HB 3. He maintained that the driver's license as proposed in the bill does not abrogate federal requirements. Current licensing requires proof of citizenship and immigration documents. The most pressing issue is the last part of the bill that indicates that the license should be authorized for the length of stay of the individual. He voiced concern about the use of a license for identification purposes. He gave an example of an individual from Pakistan who held an Alaskan driver's license for five years, yet he was illegally present in the U.S. for seven years. He shared information about increased calls in September and in October when J-1 visas expire and non-immigrants try to obtain an Alaska driver's license. He agreed with the sponsor and noted that 30 other states have this type of legislation. 10:07:42 AM CHAIR WIELECHOWSKI closed public testimony. REPRESENTATIVE LYNN shared his experience when traveling and using a visa. MICHAEL SICA, staff to Representative Bob Lynn, commented on Mr. Mittman's contribution to the discussion. He pointed out that all the players had been contacted regarding the bill. CHAIR WIELECHOWSKI stated his intent to hold HB 3 in committee. HB 8-FEDERAL REGULATIONS & EXECUTIVE ORDERS  10:09:12 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be CSHB 8 (FIN), which would enable the legislature to nullify any federal law or statute that is found to be unconstitutional. JIM POUND, staff to Representative Wes Keller, presented CSHB 8 (FIN) on behalf of the sponsor. He explained that the bill clarifies that when a federal statute or regulation, secretarial order, or executive order is considered unconstitutional or not properly adopted, Alaska's Attorney General will inform the legislature. The memo will go to the chair of the Judiciary Committee in each house and will give legislators information on how to proceed. The bill imposes state's rights under the 10th Amendment and states that those federal regulations do not pre- empt Alaska law. JOANNE GRACE, Chief Assistant Attorney, Opinions, Appeals, & Ethics, Department of Law, answered questions related to CSHB 8 (FIN). She said she did not find any problems with the bill. 10:12:17 AM STUART THOMPSON, representing himself, Meadow Lakes, Alaska, testified in support of HB 8. CHAIR WIELECHOWSKI closed public testimony and set HB 8 aside. HB 281-WELCOME HOME VIETNAM VETERANS DAY  10:15:32 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 281, which would declare March 30 each year as Welcome Home Vietnam Veterans Day. AARON SCHROEDER, staff to Representative Bill Thomas, explained HB 281 on behalf of the sponsor. He noted a new CS, version I. CHAIR WIELECHOWSKI pointed out that the committee members had version M of HB 281. MR. SCHROEDER related that the proposed CS, version I, would change the date to March 29 and deleting "Welcome Home" in the title. CHAIR WIELECHOWSKI noted the same change would be in lines 4 and 5. MR. SCHROEDER agreed. CHAIR WIELECHOWSKI asked if there was a reason for the changes. MR. SCHROEDER reported that during research on the bill, it was determined that a similar federal resolution and a presidential proclamation used the March 29 date. CHAIR WIELECHOWSKI closed public testimony and held HB 281 in committee. HB 182-ELECTRONIC DISTRIB. OF REPORTS/NOTICES  10:18:49 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 182, which would allow state departments to electronically publish reports for ease of viewing online. REID HARRIS, staff to Representative Kyle Johansen, presented HB 182 on behalf of the sponsor. The bill was written in order to save money on publishing legislative reports. The Office of Budget and Management reported that $1.6 million was being spent on printing reports each year. He explained the two sections of the bill. He began by describing page 3, line 29, which provides for electronic production and distribution of agency reports. It requires that the reports be posted on a web site for one year or until superseded by another report. It creates exceptions for those reports that are required by law to be printed. The end of the bill lists state agencies involved. He drew attention to a concern from the Municipality of Anchorage regarding the expense of printing foreclosure notices. They requested being added to the bill. The first three pages of the bill contain language about electronic filing of foreclosure notices. He noted they still must mail a foreclosure notice to the last known owner of a property. 10:23:41 AM CHAIR WIELECHOWSKI opened public testimony. TENA WILLIAMS, Owner, Ketchikan Daily News, testified in opposition to HB 182. She noted her testimony represents many newspapers throughout Alaska. She said she opposes the part of the bill which prohibits foreclosure notices in newspapers because it would result in a less informed public. She described the role of newspapers. She recommended eliminating the language about the foreclosures. CHAIR WIELECHOWSKI closed public testimony and set HB 182 aside. 10:28:08 AM There being no further business to come before the committee, Chair Wielechowski adjourned the Senate State Affairs Standing Committee at 10:28 a.m.