Legislature(2007 - 2008)CAPITOL 120

03/31/2008 01:00 PM JUDICIARY


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Audio Topic
01:32:42 PM Start
01:32:51 PM SB101
01:36:11 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:20 pm Today --
+= HB 323 CRIMINAL LAW/PROCEDURE: OMNIBUS BILL TELECONFERENCED
<Bill Hearing Canceled>
+= SB 101 GUARDIANSHIP/ CONSERVATORS/INCAPACITY TELECONFERENCED
Moved HCS CSSB 101(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 31, 2008                                                                                         
                           1:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Lynn                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 101(2d L&C)                                                                                              
"An Act  relating to  private professional  conservators, private                                                               
and  public  guardians,  and  court  hearings  on  the  issue  of                                                               
incapacity;  and  establishing  uniform  adult  guardianship  and                                                               
conservator jurisdiction and procedures."                                                                                       
                                                                                                                                
     - MOVED HCS CSSB 101(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
HOUSE BILL NO. 323                                                                                                              
"An Act  relating to the crimes  of assault in the  fourth degree                                                               
and  of resisting  or interfering  with arrest;  relating to  the                                                               
determination  of  time of  a  conviction;  relating to  offenses                                                               
concerning controlled substances; relating  to issuance of search                                                               
warrants; relating  to persons found  incompetent to  stand trial                                                               
concerning  criminal  conduct;  relating   to  probation  and  to                                                               
restitution   for  fish   and   game   violations;  relating   to                                                               
aggravating   factors  at   sentencing;   relating  to   criminal                                                               
extradition  authority of  the governor;  removing the  statutory                                                               
bar  to  prosecution  of certain  crimes;  amending  Rule  37(b),                                                               
Alaska  Rules of  Criminal Procedure,  relating  to execution  of                                                               
warrants; and providing for an effective date."                                                                                 
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 101                                                                                                                  
SHORT TITLE: GUARDIANSHIP/CONSERVATORS/INCAPACITY                                                                               
SPONSOR(S): LABOR & COMMERCE                                                                                                    
                                                                                                                                
02/28/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (S)       L&C, STA, FIN                                                                                          
03/08/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/08/07       (S)       Heard & Held                                                                                           
03/08/07       (S)       MINUTE(L&C)                                                                                            
03/13/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/13/07       (S)       Moved CSSB 101(L&C) Out of Committee                                                                   
03/13/07       (S)       MINUTE(L&C)                                                                                            
03/14/07       (S)       L&C RPT CS  3DP 1NR  SAME TITLE                                                                        
03/14/07       (S)       DP: ELLIS, BUNDE, DAVIS                                                                                
03/14/07       (S)       NR: STEVENS                                                                                            
03/27/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
03/27/07       (S)       Heard & Held                                                                                           
03/27/07       (S)       MINUTE(STA)                                                                                            
03/29/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
03/29/07       (S)       Moved CSSB 101(STA) Out of Committee                                                                   
03/29/07       (S)       MINUTE(STA)                                                                                            
03/30/07       (S)       STA RPT CS  3DP 2NR SAME TITLE                                                                         
03/30/07       (S)       DP: MCGUIRE, GREEN, BUNDE                                                                              
03/30/07       (S)       NR: FRENCH, STEVENS                                                                                    
01/15/08       (S)       RETURNED TO L&C COMMITTEE                                                                              

01/24/08 (S) L&C AT 3:00 PM BELTZ 211

01/24/08 (S) -- Rescheduled to 01/25/08 --

01/25/08 (S) L&C AT 3:00 PM BELTZ 211

01/25/08 (S) Moved CSSB 101(L&C) Out of Committee

01/25/08 (S) MINUTE(L&C)

01/28/08 (S) L&C RPT CS(2D) 4DP NEW TITLE

01/28/08 (S) DP: ELLIS, BUNDE, DAVIS, HOFFMAN 02/06/08 (S) FIN AT 9:00 AM SENATE FINANCE 532 02/06/08 (S) Heard & Held 02/06/08 (S) MINUTE(FIN) 02/19/08 (S) FIN RPT CS(2D L&C) 4DP 3NR 02/19/08 (S) DP: ELTON, THOMAS, DYSON, HUGGINS 02/19/08 (S) NR: HOFFMAN, STEDMAN, OLSON 02/19/08 (S) FIN AT 9:00 AM SENATE FINANCE 532 02/19/08 (S) Moved CSSB 101(2d L&C)) Out of Committee 02/19/08 (S) MINUTE(FIN) 02/25/08 (S) TRANSMITTED TO (H) 02/25/08 (S) VERSION: CSSB 101(2D L&C) 02/27/08 (H) READ THE FIRST TIME - REFERRALS 02/27/08 (H) L&C, JUD 03/12/08 (H) L&C AT 3:00 PM CAPITOL 17 03/12/08 (H) -- MEETING CANCELED -- 03/14/08 (H) L&C AT 3:00 PM CAPITOL 17 03/14/08 (H) Moved Out of Committee 03/14/08 (H) MINUTE(L&C) 03/17/08 (H) L&C RPT 5DP 1NR 03/17/08 (H) DP: GARDNER, BUCH, RAMRAS, GATTO, OLSON 03/17/08 (H) NR: NEUMAN 03/27/08 (H) JUD AT 1:00 PM CAPITOL 120 03/27/08 (H) Heard & Held 03/27/08 (H) MINUTE(JUD) 03/31/08 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER No witnesses to record ACTION NARRATIVE CHAIR JAY RAMRAS called the House Judiciary Standing Committee meeting to order at 1:32:42 PM. Representatives Holmes, Gruenberg, Coghill, and Ramras were present at the call to order. Representatives Dahlstrom and Samuels arrived as the meeting was in progress. SB 101 - GUARDIANSHIP/CONSERVATORS/INCAPACITY 1:32:51 PM CHAIR RAMRAS announced that the only order of business would be CS FOR SENATE BILL NO. 101(2d L&C), "An Act relating to private professional conservators, private and public guardians, and court hearings on the issue of incapacity; and establishing uniform adult guardianship and conservator jurisdiction and procedures." [Before the committee was the proposed House committee substitute (HCS) for SB 101, Version 25-LS0559\T, Bullard, 3/24/08, which was adopted as the work draft on 3/27/08.] CHAIR RAMRAS closed public testimony on SB 101. REPRESENTATIVE GRUENBERG relayed that in a meeting between himself, Deborah Behr, and Ernest Schlereth, they'd reached a compromise that would address Mr. Schlereth's concerns as expressed during the hearing on 3/27/08, and that Amendment 1 reflects that compromise. 1:34:23 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1, which read [original punctuation provided]: Page 22, line 17: Insert: "Sec. 13.27.420. Relation to AS 13.26. Nothing in this chapter limits the rights of an incapacitated person available in a guardianship or conservatorship proceeding in this state under AS 13.26." CHAIR RAMRAS objected for the purpose of discussion. REPRESENTATIVE GRUENBERG relayed that Amendment 1 simply provides notice of what would ordinarily be the rule anyway, that being that unless there is a specific provision in the proposed Uniform [Adult Guardianship and Protective Proceedings Jurisdiction] Act, nothing in [proposed AS 13.27] is intended to limit the rights of an incapacitated person available in a guardianship or conservatorship [proceeding in this state] under AS 13.26. CHAIR RAMRAS removed his objection, and announced that Amendment 1 was adopted. 1:36:11 PM REPRESENTATIVE DAHLSTROM moved to report the proposed House committee substitute (HCS) for SB 101, Version 25-LS0559\T, Bullard, 3/24/08, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 101(JUD) was reported from the House Judiciary Standing Committee. ADJOURNMENT There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 1:36 p.m.

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