Legislature(1997 - 1998)

04/27/1998 12:04 PM Senate RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE RULES COMMITTEE                                         
                    April 27, 1998                                             
                      12:04 p.m.                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Tim Kelly, Chair                                                       
Senator Loren Leman, Vice Chair                                                
Senator Robin Taylor                                                           
Senator John Torgerson                                                         
Senator Jim Duncan                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CS FOR HOUSE BILL NO. 33(FIN) am                                               
"An Act relating to real estate licensees and to the real estate               
surety fund; relating to the Real Estate Commission; and providing             
for an effective date."                                                        
                                                                               
CS FOR HOUSE BILL NO. 334(FIN) am                                              
"An Act relating to waiver of tuition and fees for certain family              
members of a peace officer or a fire fighter killed in the line of             
duty; and providing for an effective date."                                    
                                                                               
SENATE BILL NO. 192                                                            
"An Act relating to maintenance of state marine vessels; and                   
providing for an effective date."                                              
                                                                               
SENATE BILL NO. 219                                                            
"An Act relating to establishing an office of crime victims'                   
advocacy; and amending Rule 16, Alaska Rules of Criminal Procedure,            
Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of                
Evidence."                                                                     
                                                                               
HOUSE BILL NO. 407                                                             
"An Act relating to repayment of teacher scholarship loans."                   
                                                                               
SENATE BILL NO. 329                                                            
"An Act establishing an exemption for investment clubs from the                
business license requirement."                                                 
                                                                               
CS FOR HOUSE BILL NO. 404(TRA)                                                 
"An Act relating to the regulation of commercial vehicles; relating            
to the temporary registration of out-of-state commercial vehicles;             
relating to registration fees for commercial vehicles; and                     
providing for an effective date."                                              
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
HB   33 - See Labor and Commerce Committee minutes dated 3/19/98               
          and  4/18/98.                                                        
          Finance referral waived 4/23/98.                                     
                                                                               
HB 334 - See State Affairs minutes dated 2/19/98, 2/24/98 and                  
          2/26/98.                                                             
          Finance report 4/23/98.                                              
                                                                               
SB 192 - See Senate Transportation minutes dated 5/6/97.                       
                                                                               
SB 219 - See Judiciary minutes dated 1/21/98 and 1/28/98.                      
         Finance report 4/23/98.                                               
                                                                               
HB 407 - See HESS minutes dated 4/24/98.                                       
                                                                               
SB 329 - See Labor and Commerce minutes dated 3/12/98 and Senate               
         Judiciary minutes dated 3/30/98.                                      
                                                                               
HB 404 - Finance report 4/7/98.                                                
                                                                               
                                                                               
WITNESS REGISTER                                                               
                                                                               
Ms. Juanita Hensley                                                            
Division of Motor Vehicles                                                     
Department of Administration                                                   
P.O. Box 10200                                                                 
Juneau, AK 99811-0200                                                          
  POSITION STATEMENT:  Offered information on SCS CSHB 404(RLS)                
                                                                               
ACTION NARRATIVE                                                               
TAPE 98-5, SIDE A                                                              
                                                                               
CHAIRMAN KELLY called the Senate Rules Committee meeting to order              
at 12:04 p.m.                                                                  
                                                                               
CHAIRMAN KELLY brought CSHB 33(FIN) am - REAL ESTATE LICENSING                 
before the committee as the first order of business.                           
                                                                               
SENATOR TAYLOR moved and asked unanimous consent CSHB 33(FIN) am be            
approved for calendaring at the discretion of the Chair.  SENATOR              
LEMAN objected, stating his concern that he thinks the bill goes               
farther than it should.  He then removed his objection.  There                 
being no further objection, it was so ordered.                                 
                                                                               
CHAIRMAN KELLY brought CSHB 334(FIN) am - TUITION WAIVER FOR POLICE            
WIDOW/CHILD before the committee as the next order of business.                
                                                                               
SENATOR TAYLOR moved and asked unanimous consent CSHB 334(FIN) am              
be approved for calendaring at the discretion of the Chair.                    
Hearing no objection, it was so ordered.                                       
                                                                               
CHAIRMAN KELLY brought SB 192 - MAINTENANCE & REPAIR OF STATE                  
VESSELS before the committee.                                                  
                                                                               
SENATOR TAYLOR moved and asked unanimous consent SB 192 be approved            
for calendaring at the discretion of the Chair.  Hearing no                    
objection, it was so ordered.                                                  
                                                                               
CHAIRMAN KELLY brought SB 219 - OFFICE OF VICTIMS' ADVOCACY before             
the committee as the next order of business.                                   
                                                                               
SENATOR TAYLOR moved and asked unanimous consent SB 219 be approved            
for calendaring at the discretion of the Chair.  Hearing no                    
objection, it was so ordered.                                                  
                                                                               
CHAIRMAN KELLY brought HB 407 - TEACHER SCHOLARSHIP LOANS before               
the committee.                                                                 
                                                                               
SENATOR TAYLOR moved and asked unanimous consent HB 407 be approved            
for calendaring at the discretion of the Chair.  Hearing no                    
objection, it was so ordered.                                                  
                                                                               
CHAIRMAN KELLY brought SB 329 - BUS.LIC. EXEMPTIONS, DEFS. & REGS.             
before the committee as the next order of business.                            
                                                                               
SENATOR LEMAN related that the drafter thought Section 1 of the                
bill was no longer necessary.  It was suggested that the bill be               
amended on the Senate floor instead of waiting for a committee                 
substitute to be drafted.                                                      
                                                                               
SENATOR LEMAN moved and asked unanimous consent SB 329 be approved             
for calendaring at the discretion of the Chair.  Hearing no                    
objection, it was so ordered.                                                  
                                                                               
CHAIRMAN KELLY brought CSHB 404(TRA) - REGULATION OF COMMERCIAL                
VEHICLES before the committee as the final order of business.  He              
directed attention to a proposed Rules SCS.                                    
                                                                               
SENATOR TAYLOR moved adoption of SCS CSHB 404(RLS).  Hearing no                
objection, it was so ordered.                                                  
                                                                               
JUANITA HENSLEY, Division of Motor Vehicles, Department of                     
Administration, addressing changes in the Rules SCS, directed                  
attention to Section 18, which increases the unladen weight limit              
for pick-up trucks and vans from 6,000 pounds to 10,000 pounds.                
The statue, as written, requires registering a new pick-up truck or            
van exceeding 6,000 pounds as a commercial vehicle, even though it             
is not being used for commercial purposes or even registered in a              
commercial business name.  She added the division supports that                
change, as well the language that requires  that if one of these               
vehicles is registered in a business name or company name, it must             
be registered as a commercial vehicle.                                         
                                                                               
Ms. Hensley next directed attention to Section 23, relating to                 
temporary registration fees for commercial vehicles.  She explained            
the House version of the legislation took registration of                      
commercial trailers and transfered those fees to the truck unit or             
the power unit that pulled those trailers.  However, it didn't take            
into account the municipal taxes that had been collected from                  
municipalities, and it could have resulted in a substantial loss of            
revenue for those municipalities.  This section basically allows               
those vehicles to be registered between January and March, with a              
sunset date of March 30, 1999, and it will allow the trucking                  
industry, the teamsters, and the municipalities and the Alaska                 
Municipal League time to work together to come up with a solution              
for the loss of those taxes that would have been a result of the               
bill if it had passed out without this provision.                              
                                                                               
SENATOR TAYLOR asked if it was correct that trailer units would not            
be registered anymore, the registration will be on the tractor                 
units.                                                                         
                                                                               
MS. HENSLEY replied that is correct.  They will still register, but            
it will be a one-time registration for the lifetime of the trailer.            
                                                                               
CHAIRMAN KELLY said it was also his understanding is that the Rules            
SCS is the result of the Division of Motor Vehicles, the teamsters,            
the Alaska Truckers Association, the Alaska Municipal League, Mat-             
Su Borough, the Municipality of Anchorage, etc., working together              
to address problems with the earlier version of the bill.                      
                                                                               
MS. HENSLEY also pointed out that the effective date for all of the            
DOT sections of the bill will be  July 1, 1998, and the DMV                    
sections will be January 1, 1999.                                              
                                                                               
CHAIRMAN KELLY noted he had a constituent who bought a new Ford F-             
150, and with the turbo charged engine, it edged over 6,000 pounds,            
which meant that she was going to have to pay commercial rates for             
her plates, even though the vehicle was for her personal use.                  
                                                                               
SENATOR TORGERSON proposed the following as an amendment to the                
Rules SCS:                                                                     
                                                                               
Page 11, line 30:  Add Section 18 to the immediate effective date.             
                                                                               
Page 11, line 31:  Delete Section 18 from the January 1, 1999                  
effective date.                                                                
                                                                               
He said he couldn't think of any reason why changing that weight               
limit to 10,000 pounds shouldn't have that immediate effective                 
date.  He said the reason he was interested in this particular area            
was because there is another agency that is forcing commercial                 
licenses on guides if they operate in state parks, and that season             
is coming up soon.                                                             
                                                                               
MS. HENSLEY stated the change to an immediate effective date would             
not be a problem for the department.                                           
                                                                               
CHAIRMAN KELLY asked if there were any objections to the adoption              
of Senator Torgerson's proposed amendment, and hearing none, he                
stated the amendment was adopted. He then requested a motion on SCS            
CSHB 404(RLS).                                                                 
                                                                               
SENATOR LEMAN moved SCS CSHB 404(RLS), as amended, be passed out of            
committee with individual recommendations, and that it be approved             
for calendaring at the discretion of the Chair.  Hearing no                    
objection, it was so ordered.                                                  
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 12:18 p.m.                                                
                                                                               

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