Legislature(2017 - 2018)BARNES 124

04/06/2018 03:15 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 108 MEDICAL CARE/LICENSING/MEDICAL BOARD TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+= HB 136 MOTOR VEHICLE DEALER FRANCHISES TELECONFERENCED
Moved CSHB 136(TRA) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 264 SHOPPING BAG FEES & RECYCLING TELECONFERENCED
Moved CSHB 264(L&C) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 6, 2018                                                                                          
                           3:24 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sam Kito, Chair                                                                                                  
Representative Adam Wool, Vice Chair                                                                                            
Representative Andy Josephson                                                                                                   
Representative Louise Stutes                                                                                                    
Representative Gary Knopp                                                                                                       
Representative Colleen Sullivan-Leonard                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Chris Birch                                                                                                      
Representative Mike Chenault (alternate)                                                                                        
Representative Bryce Edgmon (alternate)                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 136(TRA)                                                                                                  
"An  Act  relating to  motor  vehicle  franchises, motor  vehicle                                                               
dealers,   motor  vehicle   manufacturers,   and  motor   vehicle                                                               
distributors."                                                                                                                  
                                                                                                                                
     - MOVED CSHB 136(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 264                                                                                                              
"An Act relating to a  fee for disposable shopping bags; relating                                                               
to the sale of reusable  shopping bags; relating to the recycling                                                               
of  disposable  shopping bags;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 264(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SS FOR SENATE BILL NO. 108(FIN)                                                                        
"An  Act relating  to the  State Medical  Board; relating  to the                                                               
licensing  of physicians,  osteopaths, and  podiatrists; relating                                                               
to  the  certification of  medical  assistants;  relating to  the                                                               
practice  of  medicine; relating  to  the  practice of  podiatry;                                                               
relating to the practice of  osteopathy; relating to assault of a                                                               
medical professional; and providing for an effective date."                                                                     
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 136                                                                                                                  
SHORT TITLE: MOTOR VEHICLE DEALER FRANCHISES                                                                                    
SPONSOR(s): REPRESENTATIVE(s) CLAMAN                                                                                            
                                                                                                                                
02/20/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/17       (H)       TRA, L&C                                                                                               
03/16/17       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
03/16/17       (H)       <Bill Hearing Canceled>                                                                                
03/21/17       (H)       TRA AT 1:00 PM BARNES 124                                                                              
03/21/17       (H)       Heard & Held                                                                                           
03/21/17       (H)       MINUTE(TRA)                                                                                            
04/13/17       (H)       TRA AT 1:00 PM BARNES 124                                                                              
04/13/17       (H)       -- MEETING CANCELED --                                                                                 
03/27/18       (H)       TRA AT 1:15 PM BARNES 124                                                                              
03/27/18       (H)       Heard & Held                                                                                           
03/27/18       (H)       MINUTE(TRA)                                                                                            
03/29/18       (H)       TRA AT 1:15 PM BARNES 124                                                                              
03/29/18       (H)       Moved CSHB 136(TRA) Out of Committee                                                                   
03/29/18       (H)       MINUTE(TRA)                                                                                            
03/30/18       (H)       TRA RPT CS(TRA) NT 5DP                                                                                 
03/30/18       (H)       DP: SULLIVAN-LEONARD, DRUMMOND, CLAMAN,                                                                
                         KOPP, WOOL                                                                                             
04/02/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/02/18       (H)       Heard & Held                                                                                           
04/02/18       (H)       MINUTE(L&C)                                                                                            
04/06/18       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 264                                                                                                                  
SHORT TITLE: SHOPPING BAG FEES & RECYCLING                                                                                      
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON                                                                                         
                                                                                                                                
01/16/18       (H)       PREFILE RELEASED 1/8/18                                                                                

01/16/18 (H) READ THE FIRST TIME - REFERRALS

01/16/18 (H) CRA, L&C

01/30/18 (H) CRA AT 3:00 PM BARNES 124

01/30/18 (H) -- MEETING CANCELED -- 02/10/18 (H) CRA AT 10:00 AM BARNES 124 02/10/18 (H) Heard & Held 02/10/18 (H) MINUTE(CRA) 02/13/18 (H) CRA AT 8:00 AM BARNES 124 02/13/18 (H) Heard & Held 02/13/18 (H) MINUTE(CRA) 02/22/18 (H) CRA AT 8:00 AM BARNES 124 02/22/18 (H) Moved CSHB 264(CRA) Out of Committee 02/22/18 (H) MINUTE(CRA) 02/23/18 (H) CRA RPT CS(CRA) 1DP 2DNP 3AM 02/23/18 (H) DP: DRUMMOND 02/23/18 (H) DNP: SADDLER, TALERICO 02/23/18 (H) AM: LINCOLN, KREISS-TOMKINS, PARISH 03/09/18 (H) L&C AT 3:15 PM BARNES 124 03/09/18 (H) Scheduled but Not Heard 03/10/18 (H) L&C AT 3:00 PM BARNES 124 03/10/18 (H) Heard & Held 03/10/18 (H) MINUTE(L&C) 04/04/18 (H) L&C AT 3:15 PM BARNES 124 04/04/18 (H) Heard & Held 04/04/18 (H) MINUTE(L&C) 04/06/18 (H) L&C AT 3:15 PM BARNES 124 WITNESS REGISTER REPRESENTATIVE CLAMAN Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Reintroduced HB 136 as prime sponsor. STEVE ALWINE, Board Member Alaska Automobile Dealer Association Juneau, Alaska POSITION STATEMENT: Testified in support of HB 136. LESTER NICHOLS, Owner Fairbanks Nissan Fairbanks, Alaska POSITION STATEMENT: Testified in support of HB 136. LISA DELANEY, Staff Representative Andy Josephson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Explained Amendment 2 to HB 264 on behalf of Representative Josephson. ACTION NARRATIVE 3:24:32 PM CHAIR SAM KITO called the House Labor and Commerce Standing Committee meeting to order at 3:24 p.m. Representatives Kito, Josephson, Stutes, Knopp, and Sullivan Leonard were present at the call to order. Representatives Wool arrived as the meeting was in progress. HB 136-MOTOR VEHICLE DEALER FRANCHISES 3:25:28 PM CHAIR KITO announced that the first order of business would be HOUSE BILL NO. 136, "An Act relating to motor vehicle franchises, motor vehicle transactions, motor vehicle dealers, motor vehicle manufacturers, and motor vehicle distributors." 3:25:36 PM REPRESENTATIVE CLAMAN, Alaska State Legislature, reintroduced HB 136 as prime sponsor. He said the proposed bill would help consumers and is supported by franchise owners and is not opposed by industry. REPRESENTATIVE SULLIVAN-LEONARD asked about opposition to HB 136. REPRESENTATIVE CLAMAN answered that industry has not opposed the current proposed bill. REPRESENTATIVE SULLIVAN-LEONARD asked whether there had been any comment opposing the proposal. REPRESENTATIVE CLAMAN answered he had heard only positive comments and pointed out that there were no industry lobbyists present. 3:28:14 PM STEVE ALWINE, Board Member, Alaska Automobile Dealer Association, testified in support of HB 136. He said the proposed bill would serve to update the state's franchise laws which had not been updated since 2004. It serves to provide reasonable protections to dealers and the public. The bill would address warranties and dealer succession. He highlighted it would provide protections for consumers in outlying areas. 3:30:14 PM LESTER NICHOLS, Owner, Fairbanks Nissan, testified in support of HB 136. He said the bill would help secure his investment in the business. He praised the work of Representative Claman. 3:32:06 PM CHAIR KITO closed public testimony on HB 136. CHAIR KITO remarked there is a revised fiscal note. 3:32:42 PM REPRESENTATIVE STUTES moved to report HB 136 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, it was so ordered. 3:33:07 PM The committee took an at-ease from 3:33 p.m. to 3:35 p.m. HB 264-SHOPPING BAG FEES & RECYCLING 3:35:43 PM CHAIR KITO announced that the final order of business would be HOUSE BILL NO. 264, "An Act relating to a fee for disposable shopping bags; relating to the sale of reusable shopping bags; relating to the recycling of disposable shopping bags; and providing for an effective date." 3:36:10 PM REPRESENTATIVE JOSEPHSON said he had prepared several amendments, and moved to adopt Amendment 1, labeled 30- LS1178\R.1, Nauman, 3/26/18, which read as follows: Page 3, line 25: Delete "July 1, 2019" Insert "January 1, 2020" REPRESENTATIVE JOSEPHSON explained that the Amendment is designed to put off the effective date for 6 months to 20 months out to get people ready for the concept of going to stores and retail sites and carry away their goods in something other than a lightweight shopping bag. 3:37:22 PM CHAIR KITO removed his objection. There being no further objections, Amendment 1 was adopted. 3:37:35 PM REPRESENTATIVE JOSEPHSON moved to adopt Amendment 2, labeled 30- LS1178\R.4, Nauman, 4/5/18, which read as follows: Page 1, line 2: Delete "relating to the sale of reusable shopping bags;" Page 2, lines 25 - 26: Delete all material. Reletter the following subsections accordingly. Page 2, line 28: Delete ", (c), or (d)" Insert "or (c)" CHAIR KITO objected for discussion. 3:37:57 PM LISA DELANEY, Staff, Representative Andy Josephson, Alaska State Legislature, explained Amendment 2 on behalf of Representative Josephson. She said the amendment would remove the requirement for retailers to sell plastic bags at point of sale. CHAIR KITO asked for confirmation that retailers would be allowed to sell bags, but not required to. MS. DELANEY confirmed that was correct. CHAIR KITO removed his objection. There being no other objection, Amendment 2 was adopted. 3:38:49 PM REPRESENTATIVE JOSEPHSON moved to adopt Amendment 3, labeled 30- LS1178\R.3, Nauman, 4/5/18, which read as follows: Page 1, lines 1 - 2: Delete "relating to a minimum price for paper and other shopping bags;" Page 1, lines 10 - 11: Delete "and the minimum price established in (c) of this section do" Insert "does" Page 2, lines 12 - 24: Delete all material. Reletter the following subsections accordingly. Page 2, line 28: Delete ", (c), or (d)" Insert "or (c)" Page 3, line 21: Delete ";" Insert "." Page 3, lines 22 - 24: Delete all material. MS. DELANEY explained the amendment would remove the .10 minimum fee for non-plastic bags or bags that are thicker than 4 millimeters. REPRESENTATIVE STUTES asked whether the amendment would remove the ban on bags thinner than or thicker than 4 millimeters. She asked whether it would remove all charges for any bags. MS. DELANEY answered in the affirmative. She said it would prohibit only the "very thin, flimsy bags." 3:40:02 PM CHAIR KITO removed his objection to Amendment 3. 3:40:08 PM REPRESENTATIVE KNOPP asked whether the 4 millimeter size is mentioned in the bill. REPRESENTATIVE JOSEPHSON answered it is found on page 3, line 20. 3:40:36 PM CHAIR KITO stated that Amendment 3 was adopted. 3:40:47 PM CHAIR KITO remarked there is a lot of support within his communities for the ban. He spoke to the time when paper was seen as more damaging to the environment and plastic bags were considered more environmentally friendly. He said he thinks this is a good idea and something to do on a state-wide basis 3:42:10 PM REPRESENTATIVE WOOL moved to report HB 264 out of committee as amended with individual recommendations and the accompanying fiscal notes. 3:42:23 PM REPRESENTATIVE SULLIVAN-LEONARD objected. 3:42:29 PM A roll call vote was taken. Representatives Josephson, Wool, Knopp, Stutes, and Kito voted in favor of HB 264. Representative Sullivan-Leonard voted against it. Therefore, HB 264 was reported out of the House Labor and Commerce Standing Committee by a vote of 5-1. 3:43:40 PM ADJOURNMENT There being no further business before the committee, the House Labor and Commerce Standing Committee meeting was adjourned at 3:43 p.m.

Document Name Date/Time Subjects
HB 264 Summary of changes from ver O to R.pdf HL&C 4/6/2018 3:15:00 PM
HB 264
HB136 Fiscal Note LAW-CIV 4.4.18.pdf HL&C 4/6/2018 3:15:00 PM
HB 136
HB264 Amendment R.1.pdf HL&C 4/6/2018 3:15:00 PM
HB 264
HB264 Amendment R.4.pdf HL&C 4/6/2018 3:15:00 PM
HB 264
HB264 Amendment R.3.pdf HL&C 4/6/2018 3:15:00 PM
HB 264
HB264 Support Letters 4.6.18.pdf HL&C 4/6/2018 3:15:00 PM
HB 264