Legislature(1995 - 1996)
05/07/1995 12:40 PM Senate FIN
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MINUTES
SENATE FINANCE COMMITTEE
May 7, 1995
12:40 p.m.
TAPES
SFC-95, #65, Side 1 (370-end)
SFC-95, #65, Side 2 (575-375)
CALL TO ORDER
Senator Rick Halford, Co-chair, convened the meeting at
approximately 12:40 p.m.
PRESENT
In addition to Co-chairmen Halford and Frank, Senators
Phillips, Rieger, Sharp, and Zharoff were present. Senator
Donley was ill and did not attend.
ALSO ATTENDING: Jerry McCune, representing Cordova District
Fishermen United and United Fishermen of Alaska; Jerry
Shriner, Legislative Liaison, Dept. of Corrections; Juanita
Hensley, Chief of Driver Services, Dept. of Public Safety;
Daniella Loper aide to Representative Porter; and aides to
committee members and other members of the legislature.
SUMMARY INFORMATION
HB 159 - DWI LAWS/ MINOR IN POSSESSION LAWS
Discussion was had with Jerry Shriner, Juanita
Hensley, and Daniella Loper. An amendment
replacing the word "reasonable" with "probable" at
page 1, line 8, was adopted. A motion to pass the
bill from committee was made, and objection was
raised. Since a bare quorum of four members was
present at the time, the bill was held in
committee.
HB 233 - EXTENSION OF MISC BOARDS & COMMISSIONS
The following amendments were adopted:
1. Change the extension date on Secs. 1, 2, 3, 4,
5, 6, 7, and 8 to 1996.
2. Change the date on Sec. 9 to December 31,
1994.
3. Change the date on Sec. 10 to 1997.
4. Deletion of Sec. 11 with the exception of the
last sentence and removal of the word "also"
within the remaining sentence.
A motion to move the bill failed, and the bill was
held in committee.
CS FOR HOUSE BILL NO. 233(FIN) am
An Act extending the termination date of the Board of
Clinical Social Work Examiners, Board of Marine Pilots,
Board of Marital and Family Therapy, State Medical
Board, Board of Nursing, Board of Psychologist and
Psychological Associate Examiners, Real Estate
Commission, Special Education Service Agency,
Correctional Industries Commission, and Hazardous
Substance Spill Technology Review Council; and
providing for an effective date.
Co-chairman Halford directed that CSHB 233 (Fin)am be
brought on for discussion and advised that it would extend
some entities beyond the traditional four-year term prior to
sunset review and reenactment or elimination. Some entities
are recommended for ten-year extension or exemption from
sunset altogether. He then voiced his recommendation that
extensions be reduced, saying that he did not intend to
extend beyond the four years established in sunset law.
Senator Rieger spoke to an increasing number of problems
resulting from restrictive statutory licensing requirements
that prohibit qualified individuals from practicing in their
fields. As an example, he noted that the licensing board
for physical therapists has resisted efforts to "open that
up" even when state hearing officers concluded that an
individual who applied was totally qualified but technically
ineligible because of statutory wording. Concern has been
raised regarding whether "our whole occupational licensing
statutes are really properly crafted." The Senator
referenced a recent newspaper article focusing on the state
medical board as a further example. He then voiced
discomfort with extension of existing boards in light of
need for overall review. He acknowledged need for board
certification to protect the public but questioned economic
manipulation by boards. In his closing remarks, he
referenced a recent exchange with a constituent who was
denied licensing by the board governing acupuncture and
suggested that individuals are prevented from earning a
livelihood as a result of lack of overall statutory review
by the legislature.
Co-chairman Halford observed that Secs. 1 through 8 relate
to occupational licensing. Proposed extensions range from
2003 to 2005. Noting that all of the impacted boards have
an additional wind-down year following the actual sunset
date, he suggested that extensions be changed to 1996. The
Co-chairman next referenced extension of the correctional
industries program, set forth in Sec. 10, and acknowledged
that it is unique in that it does not enjoy a wind-down
period. It would thus cease as of July 1, 1995.
Referencing Sec. 9 extension of the hazardous substance
spill technology review council, Co-chairman Frank advised
that funding for the council was removed from the operating
budget because of impending sunset.
Senator Zharoff acknowledged concern regarding extension of
sunset boards beyond five years but noted that dates within
the bill were recommended by Legislative Audit. He then
suggested that the length of recommended extensions be cut
in half. Senator Rieger recalled that the Legislative Audit
report questioned need for legislation every four years for
boards that are always extended when brought forward for
sunset review. The recommendation for those boards was
review every ten years. The Senator reiterated growing
legislative sensitivity concerning economic regulation
powers exerted by boards. He cited recent debate associated
with the board of marine pilots as an example. Co-chairman
Halford agreed that creation of a regulatory body gives
control to the executive branch. It then becomes difficult
or impossible to effect amendments until sunset, if those
amendments are opposed by the executive branch.
Senator Sharp MOVED to change sunset dates in Secs. 1, 3, 4,
5, 6, 7, and 8 to 1996, and to change the date in Sec. 10 to
1997. He advised that Secs. 2 and 9 were removed from the
motion since the board of marine pilots (Sec. 2) was
recently considered and funding for the council in Sec. 9
may have been removed from the budget. Senator Randy
Phillips OBJECTED. Co-chairman Halford called for a show of
hands. The motion CARRIED on a vote of 4 to 2, and the
AMENDMENT was ADOPTED.
Co-chairman Halford voiced his understanding that Sec. 2
extension of the Board of Marine Pilots to 1999 is
consistent with legislation recently passed by committee.
Senator Rieger questioned whether the committee would want
to extend the board for that long should the legislation not
pass both bodies. Voicing his belief that earlier
legislation would supercede HB 233, Senator Rieger MOVED to
change the extension date in Sec. 2 to 1996. Co-chairman
Halford remarked that enactment of legislation would depend
upon the order in which it is signed by the governor.
OBJECTION to the motion was raised. Co-chairman Halford
called for a show of hands. The motion CARRIED on a vote of
5 to 1, and the AMENDMENT was ADOPTED.
Co-chairman Halford noted that Sec. 11 would no longer be
necessary since it contains an exemption from sunset law.
As a result of amendments adopted by committee, no boards
would extended beyond the statutory four-year sunset
provision. Senator Phillips subsequently noted need to
retain the last sentence of Sec. 11 and remove the word
"also" therefrom. No objection to deletion of the first
portion of Sec. 11 or retention of the last sentence
following removal of the word "also" having been raised, the
bill was so AMENDED.
JERRY McCUNE, representing the Prince William Sound Science
Center, came before committee to speak to Sec. 9. He
explained that the hazardous substance spill technology
review council is in its wind-down year. A number of
projects are underway, and approximately $1.7 million in
funding from "criminal money" remains for distribution to
projects statewide. In order to finish its work, the
council requested an extension of one year. The oil spill
recovery institute will then take over federal moneys.
Council operations will be derived from the $1.7 million. A
total of 63 proposed projects have been narrowed to 15.
Decisions will have to be made as to which ones will receive
funding and which will not. In response to questions from
Senator Rieger, Mr. McCune advised that the 15 projects
would utilize the $1.7 million. In some cases, projects
will be contracted while the council will merely make
contractual recommendations on others.
Co-chairman Frank asked if extension of an entire year was
necessary. Mr. McCune responded affirmatively, advising
that the council only meets four or five times a year. He
attested to difficulties associated with getting all parties
together.
End: SFC-95, #65, Side 1
Begin: SFC-95, #65, Side 2
Co-chairman Frank MOVED that the Sec. 9 extension date for
the commission be changed from June 30, 1995, to December
31, 1994. In light of the additional wind-down year
associated with sunset, the amendment would extend the
council for half a year. No objection having been raised,
the AMENDMENT was ADOPTED.
Senator Rieger MOVED for passage of SCS CSHB 233 (Fin).
Senator Zharoff OBJECTED. Co-chairman Halford called for a
show of hands. The motion FAILED on a vote of 3 to 3, and
SCS CSHB 233 (Fin) was held in committee.
CS FOR HOUSE BILL NO. 159(JUD)
An Act allowing a person under age 21 to be arrested by
a peace officer without a warrant for illegal
possession, consumption, or control of alcohol;
relating to the offenses of driving while intoxicated
and failure to submit to a chemical test of breath or
blood; and providing for an effective date.
Co-chairman Halford directed that CSHB 159 (Jud) be brought
on for discussion. He noted that the bill was held from a
previous meeting for development of a fiscal note showing
potential revenues from increased fines as well as a new
note from the Dept. of Corrections evidencing reduced costs
in the initial year of implementation. The Co-chairman
referenced information indicating that while fines might
total $760.0, 80% to 90% will be uncollectible for lack of
financial resources on the part of defendants. That reduces
possible revenue to $114.0. The new note for the Dept. of
Corrections reduces costs to $540.0 for the first year.
That cost is based on the same number of convictions used in
estimating revenues.
Senator Sharp remarked that although $114.0 in revenue is
anticipated, and the fiscal note for the Dept. of
Corrections has been cut in half, costs associated with the
bill total approximately $1.2 million and will result in
incarceration of an additional 300 people. He then voiced
reluctance to pass the bill until day-fine legislation is
brought in line.
Senator Phillips suggested that a lien for the unpaid fine
be placed against other property if the defendant's
automobile is not of sufficient value.
Co-chairman Halford asked that legislative staff and
representatives of impacted departments come before
committee. JERRY SHRINER, Special Assistant, Dept. of
Corrections; JUANITA HENSLEY, Chief, Driver Services,
Division of Motor Vehicles, Dept. of Public Safety; and
DANIELLA LOPER, aide to Representative Porter, came forward.
Senator Phillips suggested that defendants covered by the
proposed bill traditionally drive junker cars with little
worth. They cannot afford to pay their fines, and it costs
too much to put them in jail. He then suggested that other
property be seized. Juanita Hensley concurred in
frustration associated with definitive action against drunk
drivers. Experience over the past 15 years evidences that
the majority of the defendants are third, fourth, and
subsequent offenders who do not own their own cars. They
drive automobiles of little value or borrow from friends.
In applying its motor vehicle forfeiture law, the City of
Anchorage found that many confiscated vehicles do not pass
emission control inspection. The city then has to pay to
have the vehicles destroyed. Mrs. Hensley deferred comment
on seizure of other property to the Dept. of Law.
Mr. Shriner commented on information from the court system
indicating little ability to collect fines or the cost of
care from third and subsequent offenders. Senator Phillips
reiterated need to seize something of value from defendants.
Ms. Loper stressed that the proposed bill would commence
evaluation of alcohol screening. That has never been done
before. It is intended to provide evaluation regarding how
to combat fourth and fifth repeat offenders. Suspended jail
time will also be imposed upon the convicted felon in the
hope that it will be a deterrent. The bill also authorizes
the Court System to utilize rehabilitative measures such as
drug therapy, etc.
Discussion of application of subsection (q) followed between
Senator Rieger and Ms. Loper. Ms. Loper explained that the
fine would be equal across the board, regardless of whether
the defendant is indigent or wealthy. Mrs. Hensley
concurred that the Court System assesses a fine for
everyone. However, it also determines whether a person can
pay the fine. If found to be indigent, the defendant does
not pay. A finding of indigency is a separate proceeding.
Language in the proposed bill says that the court may not
suspend imposition of sentence on these defendants. It must
assess the $5,000 fine and impose jail time.
Senator Rieger next directed attention to page 1 of the bill
and attested to ongoing discussion of the difference between
"reasonable" and "probable" cause. He then attested to a
greater level of comfort with "probable cause" and MOVED to
substitute "probable" for "reasonable" at page 1, line 8.
No objection having been raised, the AMENDMENT was ADOPTED.
Senator Zharoff voiced concern that abuse could result from
provisions allowing for arrest without a warrant for alcohol
related crimes. Co-chairman Halford remarked that the
standard of probable cause is the standard for initiating
action by a police officer for all crimes.
Referencing language at page 1, line 11, Senator Zharoff
raised a question concerning addition of "or an ordinance
with similar elements." Ms. Loper explained that the
language was added "so that municipalities may be able to
use this law." Juanita Hensley added that AS 04.16.050
relates to possession, control, and consumption of alcohol
by persons under twenty-one. It does not relate to sale of
alcohol.
Discussion of warrant arrest followed between Senator Rieger
and Ms. Loper. Senator Rieger asked if warrantless arrest
also allows for search. Ms. Loper responded negatively.
The Senator stressed that the bill should not provide a
loophole for warrantless searches.
Senator Rieger MOVED for passage of SCS CSHB 159 (Fin) with
individual recommendations. Senator Zharoff OBJECTED. Co-
chairman Halford acknowledged a bare quorum of four members
in attendance and objection to passage. He then directed
that the bill be held in committee for full attendance.
RECESS
The meeting was recessed at 1:25 p.m., subject to recall by
the chair, for possible continued discussion later in the
day.
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