Legislature(1995 - 1996)
03/28/1995 01:45 PM Senate TRA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE TRANSPORTATION
March 28, 1995
1:45 p.m.
MEMBERS PRESENT
Senator Steve Rieger, Chairman
Senator Lyda Green
Senator Al Adams
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Robin Taylor, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 64
"An Act relating to the dissolution of the Alaska Railroad
Corporation and providing for a successor corporation; and
providing for an effective date."
SENATE BILL NO. 28
"An Act repealing an additional fee for motor vehicle registration
not conducted by mail and limiting motor vehicle emissions
inspection to once every two years."
PREVIOUS SENATE ACTION
SB 64 - See Senate Transportation minutes dated 2/9/95 and 3/23/95.
SB 28 - No previous action to record.
WITNESS REGISTER
James Armstrong, Staff
Senator Donley
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Offered information regarding SB 28.
Senator Donley
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime sponsor of SB 28.
Ron King, Acting Chief
Air Quality Management Section
Department of Environmental Conservation
410 Willoughby Avenue, Suite 105
Juneau, Alaska 99801
POSITION STATEMENT: Offered additional information.
ACTION NARRATIVE
TAPE 95-7, SIDE A
SB 64 CONVERT AK RR TO PRIVATE CORPORATION
Number 002
CHAIRMAN RIEGER called the Senate Transportation meeting to order
at 1:45 p.m. He introduced SB 64 as the first order of business
before the committee. He explained that the Utermohle, version M,
CS eliminated the reference to the $25 per share par value. This
CS also rewords the concurrence of other parties which was part of
the language discussed in reference to assigning contracts to a
successor corporation.
SENATOR GREEN moved that the Utermohle, version M, CS be adopted in
lieu of the original bill. Hearing no objection, the CS was before
the committee for consideration.
CHAIRMAN RIEGER recognized Senator Adam's concerns regarding
another CS, but preferred not to move that version out. He said
that Senator Adams was welcome to move that version. That version
could be used if the current CS has problems.
SENATOR ADAMS stated that his version was better than the current
CS. He explained that his version would eliminate an asset that
should be privatized. He agreed not to offer his CS, but he
informed the Chair that he would oppose the movement of the bill
from committee until a majority of the Majority members are
present.
SENATOR LINCOLN felt that the bill should be held.
CHAIRMAN RIEGER agreed to hold SB 64 until a future meeting.
SB 28 MOTOR VEHICLE REG FEE/EMISS'N INSPECTIONS
Number 051
CHAIRMAN RIEGER introduced SB 28 as the next order of business
before the committee.
SENATOR ADAMS asked from whose sponsor substitute they would work.
JAMES ARMSTRONG, staff to Senator Donley, explained that the
sponsor substitute was a work draft which was never offered.
SENATOR ADAMS moved that CS 9-LSO256\F be adopted. CHAIRMAN RIEGER
objected in order to clarify if Senator Adams wanted to adopt the
CS for working purposes or move it out of committee. SENATOR ADAMS
clarified that he wanted to adopt the CS for working purposes.
CHAIRMAN RIEGER removed his objection and the CS was before the
committee.
SENATOR GREEN asked if the language "an area designated by the
Department of Environmental Conservation" in Section 1 was in the
original bill.
SENATOR DONLEY, prime sponsor of SB 28, explained that the goal of
SB 28 is to move from annual testing to biannual testing. By
changing to a biannual registration and testing program, the system
has to be "tweeked" in order to remain in compliance with federal
requirements. The proposed CS allows the department more latitude
in some areas while tightening other areas. Many other states have
this biannual system.
SENATOR ADAMS inquired as to the federal requirements for emission
control and the amount of money the state receives for providing
those services. SENATOR DONLEY said that it is tied to the state's
federal highway funds. The requirements specify the number of
noncompliance days before a community must initiate procedures to
clean their air. There are alternatives to emission testing,
although emission testing seems to be the most successful program
in gaining compliance. Senator Donley stated that without this
program, the federal government would not give the state funds.
Number 137
RON KING, the Acting Chief for the Air Quality Management Section
in the Department of Environmental Conservation, explained that
Alaska annually receives between $175 million to $250 million in
appropriations for federal highway systems. If the state fails to
achieve the standard or implement control measures, the federal
government can penalize the state through the sanction of highway
funds. He pointed out that the federal government cannot penalize
projects that are for safety or part of an adopted air quality
control program. Initially the penalty would occur inside a
nonatainment area which refers to the Municipality of Anchorage and
the Fairbanks North Star Borough in this case. If the area has
failed to take corrective action after two years, the federal
government can expand the penalties or sanctions statewide.
SENATOR ADAMS asked if the biannual testing would create a loss of
funds. RON KING stated that if the program remains as stringent as
the current program, the inspection can be done biannually.
However, there are provisions that must be present in order to
ensure that the program is as stringent. Mr. King expressed some
potential concerns with the bill. The department is working on a
fiscal note and an analysis of the bill.
SENATOR ADAMS asked why the fees were increased from $75 to $200.
SENATOR DONLEY explained that the fees increased due to the fact
that people would be registering their car every two years.
Senator Donley noted that there is also an increase in the
deterrent for the penalty for noncompliance, from $75 to $200.
RON KING pointed out that currently the department can only treat
a violation of these regulations as a Class A misdemeanor which is
punishable by up to one year in jail and up to $5,000. This would
require going to Superior Court for a bailable offense.
SENATOR ADAMS noted that the repeal regarding mailing in motor
vehicle registration results in a loss in revenue. He was under
the impression that the Department of Revenue needed the extra
revenue in order to keep the staff in place which is a concern. If
one of those parts is eliminated, the $1.1 million could be used as
program receipts to continue the service in motor vehicle
registration.
SENATOR DONLEY indicated that the Department of Motor Vehicles
(DMV) generates more program receipts than they are allowed to use
in their operations. He acknowledged that SB 28 has two elements:
repealing the $10 fee and the biannual testing. Either provision
could stand alone. He said that he supported both measures
independently or together.
Number 209
SENATOR LINCOLN supported the elimination of the $10 fee. In areas
such as Cordova, in order to receive a title promptly, they must go
in to the DMV to register their vehicle. If they have to mail in
their registration, the mail must travel from Cordova to Anchorage
and back which is not beneficial. She expressed concern regarding
the language on page 1, lines 5-9 which refers to the motor vehicle
owner providing "the transferee with a current and valid emissions
inspection." Rural residents often purchase a used vehicle in an
urban area and then ship that vehicle to an area where emissions
testing is not required. She suggested that "new" be inserted
before "owner" on page 1, line 5 in order to address the situation
previously described.
RON KING clarified that the language was intended to refer to the
current owner. If the current owner resided in the Municipality of
Anchorage, the owner would be required to have the vehicle
inspected whereas a owner located in Cordova would not be required
to have the vehicle inspected. The current owner if in an area
that required emissions inspection would have to provide the person
buying the car with a certificate of inspection.
SENATOR LINCOLN said that was unnecessary because if the buyer is
going into an area that does not require testing then there is no
need for the present owner to do that.
RON KING pointed out that there is a problem with vehicles being
registered outside an area in which testing is required and then
coming back into the testing area. The persons buying those
vehicles have purchased vehicles with thousands of dollars of
tampering. In order to eliminate that, the inspection is required
if the vehicle resides in an area which requires that emissions
inspection. Therefore, the buyer would know that they are
purchasing it clean and they are not faced with repair bills.
CHAIRMAN RIEGER concurred with Senator Lincoln's concerns regarding
someone, outside of a testing area, purchasing a vehicle with the
intention of staying in that area. Splitting the bill and
eliminating the reduction of the $10 fee may be appropriate; the
latter portion has a negative $1.1 million fiscal note.
There being no further business before the committee, the meeting
adjourned at 2:00 p.m.
| Document Name | Date/Time | Subjects |
|---|