Legislature(2005 - 2006)SENATE FINANCE 532
05/08/2006 01:00 PM FINANCE
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* first hearing in first committee of referral
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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.