Legislature(2005 - 2006)SENATE FINANCE 532
05/08/2006 01:00 PM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB109 | |
| HB190 | |
| Rfp 432 Executive Session | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 109 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 190 | ||
SENATE CS FOR CS FOR HOUSE BILL NO. 190(JUD)
"An Act relating to the purchase of alcoholic beverages and
to access to licensed premises; relating to civil liability
for certain persons accessing licensed premises; requiring
driver's licenses and identification cards to be marked if
a person is restricted from consuming alcoholic beverages
as a result of a conviction or condition of probation or
parole and relating to fees for the marked license; and
requiring the surrender and cancellation of driver's
licenses under certain circumstances."
This was the second hearing for this bill in the Senate Finance
Committee.
Co-Chair Green noted that following the first hearing on this
bill, several Committee members discussed their concerns with
Duane Bannock, Director, Division of Motor Vehicles (DMV),
Department of Administration. To that point, she asked how the
remedies to the concerns would be presented.
Senator Bunde expressed he would be offering several amendments
for Committee consideration.
Co-Chair Green clarified that SCS CS HB 190(JUD) Version 24-
LS0617\U was before the Committee.
1:56:31 PM
PAUL LABOLLE, Staff to Representative Richard Foster, the bill's
sponsor, informed the Committee the sponsor worked with Mr.
Bannock to resolve several technical issues. The issues could
either be addressed via the amendment process or through the
adoption of a committee substitute [copy not provided], which
incorporated the amendments.
Co-Chair Green preferred the amendment process.
Amendment #1: This amendment inserts new language in Sec. 2(a)
page 2, line 11 following "jurisdiction" as follows.
The privilege to purchase alcoholic beverages is restricted
during the period that the person is required to refrain
from consuming alcoholic beverages under the sentence or
condition of probation or parole.
In addition, new language is inserted following "section." in
Sec. 4(h) page 2 line 29 as follows.
A cancellation under this subsection remains in effect only
during the period of time that the privilege to purchase
alcoholic beverages is restricted under AS 04.16.160.
Furthermore, this amendment deletes "has been" and replaces it
with "is" in Sec. 4(i) page 2 line 31 and Sec. 6(a)(5) page 4
line 1.
The amendment also inserts new language following "AS
28.15.111." in Sec. 4(i) page 3 line 1 as follows.
A person who has received a marked identification card
under this subsection may apply for an unmarked card when
the period of restriction under AS 04.16.160 has expired.
Finally, this amendment inserts language following "AS
28.15.111" in Sec. 6(a)(5) page 4 line 4 as follows.
if the period of restriction under AS 04.16.160 is still in
effect
Senator Bunde moved Amendment #1 and objected for explanation.
Mr. LaBolle stated Amendment #1 would address the timing of the
revocation of driver's licenses in that a license would be "only
cancelled for the duration for which the prohibition on
consumption" was issued. Upon conclusion of that time, a
person's driver's license would be revalidated, had the license
not been "surrendered to the Court".
Co-Chair Green asked whether the entirety of sections referenced
in the amendment pertained to the revocation period of the
driver's license.
Mr. LaBolle affirmed; the exception being the replacement of the
term "has been" with "is" for grammatical correctness.
Senator Bunde removed his objection.
There being no further objection, Amendment #1 was ADOPTED.
1:59:14 PM
Amendment #2: This amendment deletes "law or ordinance of
another jurisdiction" and replaces it with "municipal ordinance"
in three areas of the bill: Sec. 2(a) page 2, line 9; Sec. 2(a)
page 2, line 11; and Sec. 7(g) page 4 line 8.
In addition the amendment deletes ", laws, or ordinances" and
replaces it with "or a similar municipal ordinance" in Sec. 7(g)
page 4 line 9.
Senator Bunde moved Amendment #2 and objected for explanation.
Mr. LaBolle explained the amendment would serve to "limit the
[jurisdictional] scope to other municipal ordinances rather than
all laws and ordinances of a similar nature".
Senator Bunde removed his objection.
Without further objection, Amendment #2 was ADOPTED.
2:00:08 PM
Amendment #3: This amendment deletes ""ROC"" and inserts
""COAR"" in Sec. 5(a) page 3, line 18.
In addition, the amendment deletes ""ROC" is an abbreviation for
"restriction on consumption"." and replaces it with ""COAR" is
an abbreviation for "court ordered alcohol restriction"." in
Sec. 5(a) page 3 line 23.
Senator Bunde moved amendment #3 and objected for explanation.
Mr. LaBolle explained this amendment would change the applicable
markings on a driver's license or State identification card from
"ROC" (restriction on consumption) to "COAR" (court ordered
alcohol restriction).
Senator Bunde removed his objection.
There being no further objection, Amendment #3 was ADOPTED.
2:00:58 PM
Co-Chair Wilken understood Mr. LaBolle had recently communicated
with Mr. Bannock.
Mr. Bannock affirmed.
Co-Chair Wilken asked how Mr. Bannock "would characterize that
conversation".
Mr. LaBolle stated the conversation was "probably somewhat
uncomfortable for both of us".
Co-Chair Wilken asked whether Mr. Bannock might be available via
teleconference, as he had expressed "significant concerns
yesterday".
Co-Chair Green communicated that Mr. Bannock was unavailable.
However, Carrie Hennings with DMV was available for questions.
AT EASE 2:01:45 PM / 2:03:14 PM
Co-Chair Wilken asked to hear DMV's position on the amended
bill.
Co-Chair Green communicated that Mr. Bannock's assistant, Ms.
Hennings could testify on behalf of DMV.
2:03:34 PM
Co-Chair Wilken understood Mr. Bannock had been unhappy about
the conversation he recently had with Mr. LaBolle, as he deemed
it "rude" and "intrusive".
Co-Chair Wilken declared that Mr. Bannock or any State director
should be able to present their opinion at any time, and when
such a person identifies a problem, "we should pay attention".
Co-Chair Wilken was sorry that this "not insignificant
legislation" was being addressed this late in the Legislative
session.
2:04:39 PM
CARRIE HENNINGS, Manager, Driver Licensing, Division of Motor
Vehicles, Department of Administration, testified via
teleconference from an offnet location. Mr. Bannock was in court
and therefore was unavailable to testify before the Committee;
however, he asked her to communicate that "the technical issues
specific to DMV implementation of this bill have been resolved
and we have no further objection on any of the technical
issues".
Co-Chair Wilken asked whether DMV had any other issues with the
bill.
Ms. Hennings responded in the negative.
Senator Stedman asked for confirmation the Department was in
support of the bill.
Co-Chair Green understood the issues raised by the Department
were addressed. However, "philosophical differences" might
exist.
2:05:53 PM
DUANE BANNOCK, Director, Division of Motor Vehicles, Department
of Administration, testified via teleconference from Kenai, as
the court proceedings had ended. He affirmed Ms. Hennings'
remarks and agreed "100 percent" with Co-Chair Green's
"assessment" of the situation.
2:06:45 PM
Senator Bunde communicated that he was "very interested and
concerned about the technical aspects" of issues: "policy or
philosophical discussions" should be addressed by the
Legislature rather than by "the bureaucracy".
Senator Bunde moved to report the bill, as amended, from
Committee with individual recommendations and accompanying
fiscal notes.
Co-Chair Wilken objected.
2:07:19 PM
Co-Chair Wilken suggested the bill could be reintroduced during
the next Legislative session, as, while it might be a good bill,
more work on it is required. "For a number of reasons", not
everybody is "on board" with the bill at this time.
A roll call was taken on the motion.
IN FAVOR: Senator Hoffman, Senator Olson, Senator Bunde, and
Senator Dyson
OPPOSED: Senator Stedman, Co-Chair Wilken, and Co-Chair Green
The motion PASSED (4-3)
The motion to report the bill from Committee PASSED.
SCS CS HB 190(FIN) was REPORTED from Committee with two previous
fiscal notes: zero fiscal note #2 dated February 8, 2006 from
the Office of Public Advocacy, Department of Administration and
indeterminate fiscal note #3, dated February 9, 2006 from the
Division of Motor Vehicles, Department of Administration.
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