Legislature(2007 - 2008)HOUSE FINANCE 519
04/30/2007 09:00 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB164 | |
| HB14 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 164 | TELECONFERENCED | |
| + | HB 14 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
April 30, 2007
9:07 a.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 9:07:47 AM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Harry Crawford
Representative Richard Foster
Representative Les Gara
Representative Mike Hawker
Representative Reggie Joule
Representative Mike Kelly
Representative Mary Nelson
Representative Bill Thomas, Jr.
MEMBERS ABSENT
None
ALSO PRESENT
Representative Kyle Johansen; Heather Beaty, Staff,
Representative Harry Crawford; Representative Anna
Fairclough; Representative Andrea Doll
PRESENT VIA TELECONFERENCE
Lynn Kent, Director, Division of Water, Department of
Environmental Conservation; O.C. Madden, Brown Jug,
Incorporated; Bernadette Bradley, President, Alaska Cabaret,
Hotel, Restaurant & Retailers Association (CHARR),
Anchorage; Kerry Hennings, Division of Motor Vehicles,
Department of Administration; Doug Wooliver, Administrative
Attorney, Alaska Court System
SUMMARY
HB 164 "An Act relating to reporting of vessel location
by certain commercial passenger vessels operating
in the marine waters of the state, to access to
vessels by licensed marine engineers for purposes
of monitoring compliance with state and federal
requirements, and to the obligations of those
engineers while aboard the vessels; and providing
for an effective date."
CSHB 164 (FIN) was REPORTED out of Committee with
a "no recommendation" and with a new fiscal note
by the Department of Law and a new revised House
Finance fiscal note for the Department of
Environmental Conservation.
HB 14 "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."
CSHB 14 (JUD) was REPORTED out of Committee with a
"do pass" recommendation and with zero fiscal note
#1 by the Department of Law, indeterminate fiscal
note #2 by the Department of Administration, new
zero fiscal note by the Court System, and new zero
fiscal note by the Department of Corrections.
9:08:00 AM
HOUSE BILL NO. 164
"An Act relating to reporting of vessel location by
certain commercial passenger vessels operating in the
marine waters of the state, to access to vessels by
licensed marine engineers for purposes of monitoring
compliance with state and federal requirements, and to
the obligations of those engineers while aboard the
vessels; and providing for an effective date."
Representative Gara MOVED to ADOPT Amendment #1:
Page 1, lines 2 - 5:
Delete ", to access to vessels by a wastewater
treatment operator for purposes of monitoring
compliance with state and federal requirements, to the
obligations of that operator while aboard the vessels,
and to the qualifications of the wastewater treatment
operator"
Page 2, lines 2 - 25:
Delete all material.
Renumber the following bill sections accordingly.
Page 2, line 28:
Delete "Sections 1 and 2 of this Act are"
Insert "Section 1 of this Act is"
Co-Chair Meyer OBJECTED.
Representative Gara explained that the amendment tries to
reinstate the Ocean Ranger program the way that the
initiative intended. It deletes Section 2, which gives the
Commissioner of DEC the discretion to decide when to have
Ocean Rangers on board. He stated his desire to satisfy the
intention of the original initiative. He opposed the fact
that Section 2 takes away protective functions of Ocean
Rangers. He compared the tasks of the Ocean Rangers in the
initiative to those of the marine engineers in the bill.
REPRESENTATIVE KYLE JOHANSEN, sponsor, stated opposition to
the amendment.
A roll call vote was taken on the motion.
IN FAVOR: Gara, Crawford
OPPOSED: Hawker, Joule, Kelly, Nelson, Stoltze, Thomas,
Foster, Chenault, Meyer
The motion failed (2-9).
9:12:51 AM
Representative Gara WITHDREW Amendment #2.
Vice Chair Stoltze asked if there was any previous
discussion by the Department of Commerce, Community and
Economic Development regarding marine pilots and safety
issues during transport. Representative Johansen responded
that a letter from the Southeast Alaska Pilots' Association
addresses this issue (copy on file.) Representative
Johansen thought the discussion about marine pilot safety
could take place on the House Floor.
9:14:55 AM
Representative Gara spoke to the substitution of class III
wastewater treatment operators for Ocean Rangers. He voiced
concern about not having adequate numbers to cover the
ships, nor adequate training in marine sewage treatment. He
said he is not satisfied that the bill fulfills the
initiative in this matter.
Representative Kelly asked if DEC supports using wastewater
treatment workers. Representative Johansen said he could
not answer that. He thought they could do the job.
LYNN KENT, DIRECTOR, DIVISION OF WATER, DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, explained the education
requirements of a level III wastewater treatment operator.
She thought there would be difficulty finding adequate
numbers of operators for the first year or two. In response
to a question from Representative Kelly, Ms. Kent spoke in
favor of the change to use wastewater treatment operators.
9:18:36 AM
Representative Thomas asked about the number of qualified
marine engineers available today. Ms. Kent replied that the
training needs are different, but either job class would
work. It would be difficult to find the number of marine
engineers needed the first year. Representative Thomas
asked what happens if enough can't be found. Ms. Kent
replied that as many as possible will be hired.
Representative Gara asked for DEC's position on if the Ocean
Rangers should be required to be on board the ships whenever
they are at sea. Ms. Kent reported that DEC has not taken a
stand on the level of coverage and would respond to the
legislature's will.
9:20:54 AM
Representative Johansen reported that DEC testified that the
current DEC program - pre-initiative - is working, and the
Ocean Ranger program is an additional layer on top of
something that already works.
Co-Chair Meyer addressed the new fiscal note by DEC.
Previous testimony stated that Ocean Rangers do not have to
be state employees. He wanted to change the three
supervisory positions to one full-time position, and make
the Ocean Ranger positions contractual. Representative
Johansen concurred with contracting the Ocean Ranger
positions out and reducing the three supervisory positions
to one. Co-Chair Meyer maintained that this would provide
for more flexibility for DEC.
9:24:03 AM
Representative Kelly asked if the word "random" permits
"continuous", as it applies to DEC control over the Ocean
Ranger. Representative Johansen thought the intent was to
allow the Commissioner total discretion as to the duration
of the supervision by Ocean Rangers.
Representative Gara referred to the two duties of the Ocean
Rangers that are removed in this version of the bill. He
requested that the sponsor of the initiative address these
issues.
Representative Johansen addressed the health issue. He
reported that the USDA has regulations in place regarding
health standards. In previous committee hearings questions
were asked regarding liability issues. Representative Gara
argued that protection from water discharge is not covered
under USDA. Representative Johansen replied that the Ocean
Ranger's job is to be sure that water quality meets Alaskan
standards.
9:28:44 AM
Co-Chair Meyer addressed zero fiscal note #2.
Representative Kelly thought the cost of the supervisory
position was excessive, but stated support for the bill.
Representative Gara voiced concern about the way the bill
has turned out. He suggested taking a look after two years
to see how it goes. He thought the initiative would raise
about $50 million for the state.
Representative Kelly thought the Committee had a common goal
- to implement the initiative responsibly. He thought it
was important to give the Commissioner of DEC the discretion
to decide the amount of coverage by the Ocean Rangers. He
noted the improved record of the cruise ship industry.
9:32:47 AM
Representative Foster MOVED to REPORT CSHB 164 (FIN) out of
committee with individual recommendations and the attached
fiscal notes. There being NO OBJECTION, it was so ordered.
CSHB 164 (FIN) was REPORTED out of Committee with a "no
recommendation" and with a new fiscal note by the Department
of Law and a new House Finance revised fiscal note for the
Department of Environmental Conservation.
9:33:14 AM
At-ease.
9:34:50 AM
HOUSE BILL NO. 14
"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."
REPRESENTATIVE HARRY CRAWFORD, sponsor, reported that the
bill was the same as HB 190 from previous years. The bill
deals with the prevention of drunk driving rather than
punishment.
9:38:23 AM
Vice Chair Stoltze assumed the gavel.
O.C. MADDEN, BROWN JUG, INCORPORATED, testified in support
of HB 14. He assured the Committee that continued efforts
would be made to encourage responsible drinking and prevent
the sale of alcohol to people who are repeat offenders.
Representative Foster asked how an ID would be checked if
liquor is ordered from a village. Mr. Madden explained that
those ID's have to be mailed in previous to the processing
of a liquor order.
9:41:09 AM
BERNADETTE BRADLEY, PRESIDENT, ALASKA CABARET, HOTEL,
RESTARURANT & RETAILERS ASSOCIATION (CHARR), ANCHORAGE,
testified in support of HB 14. The industry has been trying
to find a way to identify repeat offenders. She related
liability problems from not having such a law.
Representative Foster asked if licenses are good for five
years. He suggested that an old license could be used
instead of the newly-issued marked driver's license.
KERRY HENNINGS, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF
ADMINISTRATION reported that licenses are good for five
years; however, someone needing a provisional license would
have their old license cancelled.
Representative Gara recalled a provision in the bill that
states once a person is convicted and requires a provisional
license, the court takes away the original license.
Representative Crawford said that is still in the bill.
9:46:36 AM
HEATHER BEATY, STAFF, REPRESENTATIVE HARRY CRAWFORD,
addressed Ms. Henning's point regarding that the license is
cancelled until the offender is done with the court order
not to drink and goes back to DMV to reactivate his or her
license. The burden to "uncancel" the license is on the
offender.
Representative Crawford reported that the cost of a marked
license is $50.
Representative Thomas asked if there is a penalty for a
person who serves someone who is not supposed to drink. He
termed it "contributing to the delinquency of a felon."
Representative Crawford reported that the bill is not set up
to address that situation. In response to a question by
Representative Thomas, Representative Crawford replied that
it is not mandatory for the premise to comply with the
conditions of the bill, but rather voluntary. The bill is
an attempt to help the industry police itself. It has the
cooperation of the industry.
Vice Chair Stoltze reviewed the fiscal notes.
9:51:26 AM
DOUG WOOLIVER, ADMINISTRATIVE ATTORNEY, ALASKA COURT SYSTEM,
reported that the Court fiscal note will be a zero note.
The bill does not change what the court already does.
Representative Gara asked if the court order prohibits an
offender from consuming or purchasing alcohol. Mr. Wooliver
said it usually includes both.
9:52:42 AM
Representative Gara MOVED to REPORT CSHB 14 (JUD) out of
Committee with individual recommendations and the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 14 (JUD) was REPORTED out of Committee with a "do pass"
recommendation and with zero fiscal note #1 by the
Department of Law, indeterminate fiscal note #2 by the
Department of Administration, new zero fiscal note by the
Court System, and new zero fiscal note by the Department of
Corrections.
ADJOURNMENT
The meeting was adjourned at 9:53 AM.
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