Legislature(1999 - 2000)

03/10/1999 01:27 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE JUDICIARY STANDING COMMITTEE                                                                                     
                   March 10, 1999                                                                                               
                     1:27 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Pete Kott, Chairman                                                                                              
Representative Joe Green                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Jeannette James                                                                                                  
Representative Lisa Murkowski                                                                                                   
Representative Eric Croft                                                                                                       
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5                                                                                         
"An Act relating to vouchers for education; and providing for an                                                                
effective date."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 3                                                                                                                
"An Act relating to controlled substances and to the possession and                                                             
distribution of certain chemicals."                                                                                             
                                                                                                                                
     - MOVED CSHB 3(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 83                                                                                                               
"An Act relating to the licensing of, acts and practices of, notice                                                             
filings required of, duties of, registration of, capitalization of,                                                             
financial requirements for, bonding of, coordinated securities                                                                  
examinations of, recordkeeping by, and documents filed by certain                                                               
securities occupations; relating to public entity investment pools;                                                             
relating to investment advisory contracts; relating to the                                                                      
examination of records of certain securities occupations; relating                                                              
to federal covered securities; relating to the registration of                                                                  
securities; relating to the general exemptions for securities and                                                               
transactions; relating to offers of securities on the Internet;                                                                 
relating to the confidentiality of investigative files under the                                                                
Alaska Securities Act; relating to the payment by certain                                                                       
securities occupations of expenses and fees of investigations and                                                               
examinations; relating to petitions to superior court by the                                                                    
administrator to reduce civil penalties to judgment; exempting                                                                  
certain violations of the Alaska Securities Act from criminal                                                                   
penalties; relating to time limitations in bringing court actions                                                               
for violations of the Alaska Securities Act; relating to the                                                                    
affirmative defense of timeliness in court actions relating to                                                                  
securities; prohibiting certain lawsuits involving buyers of                                                                    
securities; relating to time limitations for bringing court actions                                                             
involving the receipt of a written offer related to securities;                                                                 
relating to offers to repay buyers of securities; relating to                                                                   
notification of certain securities occupations regarding                                                                        
administrative hearings;  relating to fees established by the                                                                   
administrator; relating to a sale, a purchase, or an offer to sell                                                              
or purchase under the Alaska Securities Act; relating to the                                                                    
locations of offers to buy or sell; relating to consent to service;                                                             
amending the Alaska Securities Act definitions of 'agent,'                                                                      
'broker-dealer,' 'person,' 'Securities Act of 1933,' and                                                                        
'security;' defining for purposes of the Alaska Securities Act                                                                  
'advisory client,' 'advisory fee,' 'advisory services,' 'Bank                                                                   
Holding Company Act of 1956,' 'clients who are natural persons,'                                                                
'federal covered adviser,' 'federal covered security,' 'Federal                                                                 
Deposit Insurance Act,' 'Home Owners' Loan Act,' 'investment                                                                    
adviser representative,' 'Investment Advisers Act of 1940,'                                                                     
'investment advisory business,' 'investment advisory contract,'                                                                 
'Investment Company Act of 1940,' 'NASDAQ,' 'National Securities                                                                
Markets Improvement Act of 1996,' 'notice filing,' 'place of                                                                    
business,' 'principal place of business,' 'Securities Exchange Act                                                              
of 1934,' 'securities business,' 'state investment adviser,'                                                                    
'substantial portion of the business,' 'supervised person,' and                                                                 
'viatical settlement'; relating to the title of the Alaska                                                                      
Securities Act; relating to the definitions in the Alaska                                                                       
Securities Act of 'assignment' and 'investment adviser'; relating                                                               
to implementation of the changes to the Alaska Securities Act; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 83(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
CONFIRMATIONS WERE DISCUSSED IN THE JOINT MEETING.                                                                              
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB   5                                                                                                                    
SHORT TITLE: VOUCHER SYSTEM FOR EDUCATION                                                                                       
SPONSOR(S): REPRESENTATIVES(S) KOHRING, Coghill                                                                                 
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        19     (H)  PREFILE RELEASED 1/8/99                                                                             
 1/19/99        19     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        19     (H)  HES, FINANCE                                                                                        
 2/05/99       147     (H)  COSPONSOR(S): COGHILL                                                                               
 2/10/99       184     (H)  SS INTRODUCED-REFERRALS                                                                             
 2/10/99       184     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/10/99       184     (H)  HES, FINANCE                                                                                        
 2/16/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 2/16/99               (H)  HEARD AND HELD                                                                                      
 2/23/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 2/23/99               (H)  WAIVED OUT OF COMMITTEE                                                                             
 2/23/99               (H)  MINUTE(HES)                                                                                         
 2/24/99       306     (H)  HES REFERRAL WAIVED                                                                                 
 2/24/99       307     (H)  JUD REFERRAL ADDED                                                                                  
 2/24/99       307     (H)  REFERRED TO JUD                                                                                     
 3/03/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 3/03/99               (H)  HEARD AND HELD                                                                                      
 3/03/99               (H)  MINUTE(JUD)                                                                                         
 3/10/99               (H)  JUD AT  1:15 PM CAPITOL 120                                                                         
                                                                                                                                
BILL: HB   3                                                                                                                    
SHORT TITLE: DRUGS: POSSESSION OF LISTED CHEMICALS                                                                              
SPONSOR(S): REPRESENTATIVES(S) BRICE                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        18     (H)  PREFILE RELEASED 1/8/99                                                                             
 1/19/99        18     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        18     (H)  JUDICIARY, FINANCE                                                                                  
 2/17/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 2/17/99               (H)  HEARD AND HELD                                                                                      
 2/17/99               (H)  MINUTE(JUD)                                                                                         
 3/03/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 3/03/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 3/10/99               (H)  JUD AT  1:15 PM CAPITOL 120                                                                         
                                                                                                                                
BILL: HB  83                                                                                                                    
SHORT TITLE: ALASKA SECURITIES ACT                                                                                              
SPONSOR(S): LABOR & COMMERCE BY REQUEST                                                                                         
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/08/99       163     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/08/99       164     (H)  L&C, JUD                                                                                            
 2/17/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/17/99               (H)  HEARD AND HELD                                                                                      
 2/17/99               (H)  MINUTE(L&C)                                                                                         
 2/19/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/19/99               (H)  HEARD AND HELD                                                                                      
 2/19/99               (H)  MINUTE(L&C)                                                                                         
 2/22/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/22/99               (H)  MOVED CSHB 83(L&C) OUT OF COMMITTEE                                                                 
 2/22/99               (H)  MINUTE(L&C)                                                                                         
 2/24/99       294     (H)  L&C RPT  COMMITTEE SUBSTITUTE(L&C)                                                                  
                            2DP 5NR                                                                                             
 2/24/99       296     (H)  DP: ROKEBERG, MURKOWSKI; NR: HALCRO,                                                                
 2/24/99       296     (H)  SANDERS, BRICE, CISSNA, HARRIS                                                                      
 2/24/99       297     (H)  ZERO FISCAL NOTE (DCED)                                                                             
 3/03/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 3/03/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 3/10/99               (H)  JUD AT  1:15 PM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
ANNE D. CARPENETI, Assistant Attorney General                                                                                   
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law                                                                                                               
P.O. Box 110300                                                                                                                 
Juneau, Alaska 99811-0300                                                                                                       
Telephone:  (907) 465-3428                                                                                                      
POSITION STATEMENT: Answered questions regarding the proposed                                                                   
                    committee substitute for HB 3.                                                                              
                                                                                                                                
REPRESENTATIVE TOM BRICE                                                                                                        
Alaska State Legislature                                                                                                        
Capitol Building, Room 426                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3466                                                                                                      
POSITION STATEMENT:  Sponsor of HB 3.                                                                                           
                                                                                                                                
FRANKLIN TERRY ELDER, Director                                                                                                  
Division of Banking, Securities and Corporations                                                                                
Department of Commerce and Economic Development                                                                                 
P.O. Box 110807                                                                                                                 
Juneau, Alaska 99811-0907                                                                                                       
Telephone:  (907) 465-2521                                                                                                      
POSITION STATEMENT:  Testified in support of HB 83.                                                                             
                                                                                                                                
VINCENT USERA, Assistant Attorney General                                                                                       
Commercial Section                                                                                                              
Civil Division                                                                                                                  
Department of Law                                                                                                               
P.O. Box 110300                                                                                                                 
Juneau, Alaska 99811-0300                                                                                                       
Telephone:  (907) 465-3600                                                                                                      
POSITION STATEMENT:   Testified on HB 83.                                                                                       
                                                                                                                                
COLLEEN MURPHY, M.D., Appointee                                                                                                 
   to the Violent Crimes Compensation Board                                                                                     
2811 Illiamna Avenue                                                                                                            
Anchorage, Alaska 99517                                                                                                         
Telephone:  (Not provided)                                                                                                      
POSITION STATEMENT: Testified on her appointment to the Violent                                                                 
                    Crimes Compensation Board.                                                                                  
                                                                                                                                
LESLIE D. WHEELER, Appointee                                                                                                    
   to the Violent Crimes Compensation Board                                                                                     
P.O. Box 878885                                                                                                                 
Wasilla, Alaska 99687                                                                                                           
Telephone:  (Not provided)                                                                                                      
POSITION STATEMENT: Testified on her appointment to the Violent                                                                 
                    Crimes Compensation Board.                                                                                  
                                                                                                                                
JOSEPH N. FAULHABER, Appointee                                                                                                  
   to the Board of Governors of the Alaska Bar                                                                                  
105 Adak Avenue                                                                                                                 
Fairbanks, Alaska 99701                                                                                                         
Telephone:  (907) 457-2010                                                                                                      
POSITION STATEMENT: Testified on his appointment to the Board of                                                                
                    Governors of the Alaska Bar.                                                                                
                                                                                                                                
STEPHEN B. WALLACE, Appointee                                                                                                   
  to the Violent Crimes Compensation Board                                                                                      
P.O. Box 4054                                                                                                                   
Kodiak, Alaska 99615                                                                                                            
Telephone:  (907) 487-2420                                                                                                      
POSITION STATEMENT: Testified on his appointment to the Violent                                                                 
                    Crimes Compensation Board.                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-11, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN PETE KOTT called the House Judiciary Standing Committee                                                                
meeting to order at 1:27 p.m.  Members present at the call to order                                                             
were Representatives Kott, Green, James, Murkowski, Croft and                                                                   
Kerttula.  Representative Rokeberg arrived at 1:32 p.m.                                                                         
                                                                                                                                
SSHB 5 - VOUCHER SYSTEM FOR EDUCATION                                                                                           
                                                                                                                                
Number 0140                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT announced the first order of business is SSHB 5, "An                                                              
Act relating to vouchers for education; and providing for an                                                                    
effective date."                                                                                                                
                                                                                                                                
CHAIRMAN KOTT stated that Article VII, section 1, of the state                                                                  
constitution commits the state to the pursuit of a public, not a                                                                
private institutional school system.  It is there in black and                                                                  
white.  In addition, the constitutional language eliminates                                                                     
substantial barriers that would negatively impact the health and                                                                
welfare of students attending private institutions.  He recognizes                                                              
that the state constitution is somewhat silent on that and                                                                      
construed that meaning by going back to the state constitution                                                                  
convention.  More importantly, Article VII prohibits the direct                                                                 
transfer of state funds for religious or private institutions.  In                                                              
addition, he doesn't believe that in the bill itself the state is                                                               
hostile towards private institutions.  However, he does believe                                                                 
that the bill is not totally neutral.  A voucher system would                                                                   
promote enrollment in a private school setting while negatively                                                                 
impacting the public school environment addressed in Article VII.                                                               
In addition, in relation to how the funds would be spent, he                                                                    
concluded that they would either subsidize or entirely fund those                                                               
students who receive them via the voucher system.  The amount is                                                                
not known because it would be subject to legislative appropriation.                                                             
The money associated with the voucher system and those who would                                                                
use it would be a direct benefit to those institutions.                                                                         
Furthermore, based on how the dispersement of funds would occur, it                                                             
would be hard to get around the idea of directly supporting that                                                                
religious or private institution.  It could not be skirted by                                                                   
giving the money to the parents who in turn would pay the                                                                       
institution.  In conclusion, he noted as he reviewed the state                                                                  
constitution and looked at some of the case law,  this cannot be                                                                
pursued statutorily.  It is an issue that deals with the                                                                        
constitution in scope.                                                                                                          
                                                                                                                                
Number 0442                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Chairman Kott whether he came across any                                                             
jurisdictions subsequent to the rendering of the state supreme                                                                  
court that are different.                                                                                                       
                                                                                                                                
CHAIRMAN KOTT replied there are a number of cases that were                                                                     
reviewed in other states that were somewhat appropriate, but it is                                                              
more appropriate to look at cases within Alaska.  He noted when                                                                 
looking at those cases, it is important to review the state                                                                     
constitutions to see how they marry up.  In this case, it doesn't                                                               
marry up to the Alaska Constitution.  It was delineated during the                                                              
state constitution convention.  There was a whole argument of                                                                   
funding private institutions and/or where should private                                                                        
institutions be on the pecking order of providing an education for                                                              
the children of the state.                                                                                                      
                                                                                                                                
Number 0593                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted her appreciation of Chairman Kott's                                                              
summation.  Anyway she looked at a voucher system, she couldn't                                                                 
come up with anything without directly or indirectly benefitting a                                                              
particular institution.                                                                                                         
                                                                                                                                
Number 0673                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated he doesn't see how this particular measure can                                                             
be dealt with in statute.  The correct vehicle is a constitutional                                                              
amendment.  Although the few cases to refer to in Alaska aren't                                                                 
identical, they are identical enough to fail in a challenge based                                                               
on constitutional grounds and to have set a precedent.                                                                          
                                                                                                                                
Number 0722                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES noted her agreement with Chairman Kott's                                                                   
assessment.  She doesn't agree, however, that a constitutional                                                                  
amendment is needed to design a system to allocated monies to each                                                              
child to go to a school somewhere.  The constitution says the state                                                             
should provide an education which means money should be provided                                                                
for every child in the district, not for just those who sign up for                                                             
public school.  The state has a responsibility to ensure that the                                                               
children are educated and parents should have a choice.  Public                                                                 
schools cannot serve every child.  There are children above and                                                                 
below the norm that need a separate kind of education.  She noted,                                                              
if a public school allocates $5,000 per student for a public                                                                    
education, certainly a voucher for $5,000 should not be given                                                                   
because of the fixed and other costs involved in maintaining a                                                                  
school system.  The only portion that should go to a child via a                                                                
voucher should be just the cost that would be eliminated in the                                                                 
public system because that child isn't there anymore.                                                                           
                                                                                                                                
Number 0841                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted his agreement with Chairman Kott's                                                                
analysis in terms of the Framers of the state constitution and the                                                              
meaning of the Sheldon Jackson case.  At the time of the state                                                                  
constitution convention, there were a large number of private                                                                   
schools operating in the state.  He is also drawn to the comments                                                               
made by Representative James because he recognizes the state's                                                                  
dilemma.  He also recognizes the dilemma of how the bill was                                                                    
transmitted to the House Judiciary Committee and the desire of the                                                              
House Health, Education and Social Services Committee to get an                                                                 
opinion and for it to be returned to them.  He is also troubled by                                                              
the comments made by the sponsor's staff that any court decision of                                                             
a program would have to be tied to a constitutional amendment.  If                                                              
that is true, not only will a constitutional amendment need to be                                                               
put before the voters but a vehicle to design a program that meets                                                              
the merits of that constitutional amendment will need to be                                                                     
attached to it.  He asked Chairman Kott whether his staff looked                                                                
into the connection between a constitutional amendment and the                                                                  
design of a voucher program.                                                                                                    
                                                                                                                                
CHAIRMAN KOTT replied no.                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Chairman Kott what the committee will                                                             
do now with the bill.                                                                                                           
                                                                                                                                
CHAIRMAN KOTT replied, as noted at the last meeting, if the bill                                                                
was found to have constitutional problems, it will not go back to                                                               
the House Health, Education and Social Services Committee.  If that                                                             
committee wants to deal with it via a constitutional amendment, it                                                              
will probably come to this committee at some time.  If that                                                                     
committee wants to pursue another bill aside from a voucher system,                                                             
that is fine.  It is his intent to lay the bill aside and he                                                                    
believes it is the intent of the sponsor to withdraw it.                                                                        
                                                                                                                                
Number 1042                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN stated, as a member of the House Health,                                                                   
Education and Social Services Committee, that is the proper course.                                                             
                                                                                                                                
Number 1056                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA noted her agreement with Chairman Kott's                                                                
analysis and thanked him.                                                                                                       
                                                                                                                                
CHAIRMAN KOTT thanked the committee members for spending the time                                                               
on this issue and not getting involved with the public policy                                                                   
question, but looking at it from a constitutional aspect.                                                                       
                                                                                                                                
CHAIRMAN KOTT said the bill will be laid aside.                                                                                 
                                                                                                                                
HB 3 - DRUGS: POSSESSION OF LISTED CHEMICALS                                                                                    
                                                                                                                                
Number 1099                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is HB 3, "An Act                                                             
relating to controlled substances and to the possession and                                                                     
distribution of certain chemicals."                                                                                             
                                                                                                                                
CHAIRMAN KOTT indicated there is a proposed committee substitute                                                                
(1-LS0040\H, Luckhaupt, 3/8/99) and called for a motion to adopt                                                                
it.                                                                                                                             
                                                                                                                                
Number 1117                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion to adopt the proposed committee                                                              
substitute for HB 3 (1-LS0040\H, Luckhaupt, 3/8/99).  There being                                                               
no objection, it was so adopted.                                                                                                
                                                                                                                                
Number 1135                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT explained the changes in the proposed committee                                                                   
substitute.  Section 1 now states that possession with intent is a                                                              
class A felony in the second degree.  An attempt would, therefore,                                                              
drop to a class B felony correcting the anomaly in the statutes.                                                                
Language was also added to include "immediate precursor", a term of                                                             
art referencing certain chemical types primarily in the                                                                         
methamphetamine statutes.  Section 5 was also eliminated that                                                                   
required the reporting by retailers.  The new Section 5 is a list                                                               
of chemicals that are used in the manufacturing of controlled                                                                   
substances in violation of AS 11.71.                                                                                            
                                                                                                                                
Number 1223                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted that the registration requirement was                                                                
also eliminated.                                                                                                                
                                                                                                                                
Number 1235                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN referred to the listed chemicals in Section 5                                                              
and wondered whether the possession of a similar type of chemical                                                               
with paraphernalia would be enough to go back to a class B felony.                                                              
                                                                                                                                
Number 1272                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said, "It's two different approaches to that.                                                              
We try in Section 5 to say listed chemicals and chemicals that are                                                              
used in the manufacture they include.  And, so that's one way we                                                                
give them a hook to maybe even charge the A.  At least, it would be                                                             
if I have beakers and a unlisted chemicals that they can show are                                                               
in fact constituents of--of meth, that I would be able to do an                                                                 
attempt of this crime, which is the crimes in A and attempt would                                                               
be a B."                                                                                                                        
                                                                                                                                
REPRESENTATIVE GREEN stated a charge could fall back to an class B                                                              
felony, if a class A felony doesn't make it.  That sounds good.                                                                 
                                                                                                                                
Number 1310                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said he is a little disappointed and                                                                    
concerned about the list of chemicals in Section 5 and the                                                                      
reference to it in Section 2.  The language reads in Section 2,                                                                 
"(c) In this section, 'listed chemical' means a chemical described                                                              
under AS 11.71.200."  The term "a" is singular.  He said, "I think                                                              
we're right back to the--the mom's got the iodine problem and                                                                   
that's really, really troublesome on any (indisc.).  And, we had                                                                
the discussion at the last committee hearing that the Legislative                                                               
Counsel about the (indisc.) case that we can't adopt by reference.                                                              
We're trapped in this perhaps case that demands some legislative                                                                
over--overturning.  In terms of adopting by reference, we've found                                                              
ourselves in that problem because we can't refer with federal--with                                                             
federal list of changes, dynamic, on-going, organic basis for the                                                               
changes.  We have to be stuck with listing all the stuff in                                                                     
statute.  And, I'm very (indisc.).  Could you speak to the problems                                                             
encountered in doing that?  I mean it's really a problem to me."                                                                
                                                                                                                                
Number 1375                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said, "Well, I can, Mr. Chairman.  It's an                                                                 
important public policy decision that I think you and I disagree                                                                
on.  Obviously, with this draft before us, you could propose an                                                                 
amendment that would do that."  The issue is, can the statutes be                                                               
amended in an area where people will go to jail for a long time                                                                 
for something that happens outside of this body.  It is a problem                                                               
that arose in the changes to the building and/or plumbing codes.                                                                
He said, "Can we allow the third annual or twenty-fifth annual                                                                  
meeting of the plumbers association in Las Vegas to change our                                                                  
statutes?  With all respect to what they do at the twenty-fifth                                                                 
annual meeting of the plumbers in Las Vegas, I don't yet know if I                                                              
want to adopt some, all or none of what they've done.  And, when we                                                             
say in a statute as is amended from time to time by this or other                                                               
private, or semi-public or public group, even the federal, we're                                                                
going to make our own decisions about what our law contains..."                                                                 
                                                                                                                                
Number 1437                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG interjected and stated the departments                                                                  
adopt additions by regulation.  They are not adopted in a vacuum or                                                             
in blank.                                                                                                                       
                                                                                                                                
REPRESENTATIVE CROFT replied the legislature has proposed to put in                                                             
statute the building code as it is adopted from time to time.  And                                                              
the legislature has proposed to put in statute that the departments                                                             
may adopt building codes by regulation.  He thinks it is                                                                        
appropriate to adopt by regulation.  It is troublesome enough in                                                                
the building code area and even more troublesome when someone could                                                             
be sent away for a long time.                                                                                                   
                                                                                                                                
Number 1480                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said the building codes are adopted on a                                                                
periodic basis after an Administrative Procedure Act (APA) review.                                                              
They are not adopted totally be reference.  The concept is adopted                                                              
by reference, but there is a regulatory process taken to update                                                                 
them.  There is a review and public comment overcoming any of the                                                               
arguments.  He reiterated he is troubled by Section 2(c) and                                                                    
wondered whether it restricts the list to this particular chapter                                                               
or offense or is there a sideboard.  He wants a sideboard or fence                                                              
put around the list so that it doesn't slop over into general use.                                                              
He reiterated he is troubled by the language in Section 2(c) and                                                                
would like to see it word smithed so that it only applies to the                                                                
intent.  He wondered whether AS 11.71.020 refers only to the                                                                    
offense it references.                                                                                                          
                                                                                                                                
Number 1603                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN stated it seems a definition is being added on                                                             
page 2, line 7, "(4)  possesses a listed chemical with intent to                                                                
manufacture any...".  In other words, if a person has a bottle of                                                               
iodine to take care of a scratch, there is no intent because that                                                               
person doesn't have the paraphernalia to manufacture                                                                            
methamphetamine.                                                                                                                
                                                                                                                                
CHAIRMAN KOTT asked Ms. Carpeneti whether she agrees with                                                                       
Representative Green's assessment.                                                                                              
                                                                                                                                
ANNE D. CARPENETI, Assistant Attorney General, Legal Services                                                                   
Section-Juneau, Criminal Division, Department of Law, replied yes                                                               
she agrees with Representative Green's assessment.  "Listed                                                                     
chemical" is added to page 2, line 7 and is being defined in AS                                                                 
11.71.020.  She is not aware of the term being used in any other                                                                
area of criminal law.                                                                                                           
                                                                                                                                
Number 1670                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked whether AS 11.71 deals with                                                                       
methamphetamine.                                                                                                                
                                                                                                                                
REPRESENTATIVE CROFT stated the only statute that concerns this                                                                 
list is in the methamphetamine statute.  He said, "We don't                                                                     
'criminalize' possession of a listed chemical with intent to                                                                    
produce cocaine or whatever.  The only time we ever use it in                                                                   
statute is on page 2, lines 7-12, where we say possessing a listed                                                              
chemical with intent to manufacture meth or an immediate precursor.                                                             
So, while it sounded generic, it is only ever referenced in the                                                                 
meth statute."                                                                                                                  
                                                                                                                                
Number 1710                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked what will be done about "ecstasy" and                                                             
other street compounds that come along.  He wondered whether there                                                              
will be multiple lists in the statutes.                                                                                         
                                                                                                                                
REPRESENTATIVE CROFT said, "In those areas because of the special                                                               
dangers of meth labs, we've chosen to take the step down into                                                                   
listed chemicals.  And, under any other drug, we penalize the                                                                   
manufacture, actual manufacture, possession with intent to                                                                      
distribute, possession at a lower level and in some cases attempted                                                             
manufacture.  This listed chemical step has only really been done                                                               
in meth because of the dangers of meth labs and the dangers of                                                                  
using these listed chemical in the preparation process.                                                                         
                                                                                                                                
Number 1742                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked whether AS 11.71 specifically deals                                                              
with the manufacture of methamphetamine.                                                                                        
                                                                                                                                
REPRESENTATIVE CROFT replied AS 11.71 is the general controlled                                                                 
substances area of Chapter 71.  There could be a listed chemicals                                                               
for methamphetamine because it's only ever used in the                                                                          
methamphetamine statute.  It is in effect that already.                                                                         
                                                                                                                                
Number 1767                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted it is common in drafting language to                                                              
refer to definitions that are applicable to certain sections or                                                                 
subsections in chapters.  He appreciates the comments made by                                                                   
Representative Green and Ms. Carpeneti regarding the intent.  He                                                                
wants to make sure it is clear.                                                                                                 
                                                                                                                                
Number 1812                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA noted that there has to be the intent to                                                                
manufacture methamphetamine and the list sets out exactly what a                                                                
person has to have.                                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG stated the problem here is the                                                                          
constitutional right to accuse someone with the intent to                                                                       
manufacture with the possession of one of these chemicals.                                                                      
                                                                                                                                
CHAIRMAN KOTT stated that is a potential problem, but proving                                                                   
intentional behavior is extremely difficult.                                                                                    
                                                                                                                                
Number 1845                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT referred to Section 11.71.020 and noted the                                                                
only time "listed chemical" is said in the proposed committee                                                                   
substitute is on page 2, lines 7-12.  Therefore, whether a                                                                      
housewife possess a listed chemical with the intent to manufacture                                                              
methamphetamine or an immediate precursor that housewife is in, and                                                             
if not, that housewife is out.                                                                                                  
                                                                                                                                
CHAIRMAN KOTT said that is his understanding as well.                                                                           
                                                                                                                                
MS. CARPENETI said it is actually limited to this one particular                                                                
paragraph of this section.                                                                                                      
                                                                                                                                
Number 1890                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN said, "On that same issue, when we go back to                                                              
the schedule where there are harmful products--I mean there's two                                                               
to three pages in here where they're by themselves listed and it's                                                              
under a heading that says, 'a substance shall be placed on schedule                                                             
A, if it is found under the statute to have the highest degree of                                                               
danger or probable danger to the person in public'.  Iodine                                                                     
certainly wouldn't fall under that category, and so it's listed                                                                 
separately over here which as we've said just applies to this                                                                   
particular section.  It's not one of these nasty bad guys that's                                                                
listed here over a general purpose, so says my counsel."                                                                        
                                                                                                                                
Number 1922                                                                                                                     
                                                                                                                                
MS. CARPENETI stated the head of the drug enforcement unit in                                                                   
Anchorage thinks it is an excellent draft and appreciates the                                                                   
efforts.                                                                                                                        
                                                                                                                                
REPRESENTATIVE CROFT stated the sponsor likes the draft.                                                                        
                                                                                                                                
Number 1940                                                                                                                     
                                                                                                                                
REPRESENTATIVE TOM BRICE, Alaska State Legislature, sponsor of HB
3, expressed his appreciation for the work done by the committee                                                                
and Representative Croft, and announced his support of the proposed                                                             
committee substitute.                                                                                                           
                                                                                                                                
Number 1962                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion to move the proposed committee                                                               
substitute to HB 3 (1-LS0040\H, Luckhaupt, 3/8/99) from the                                                                     
committee with individual recommendations and the attached zero                                                                 
fiscal note.  There being no objection, CSHB 3(JUD) was so moved                                                                
from the House Judiciary Standing Committee.                                                                                    
                                                                                                                                
HB 83 - ALASKA SECURITIES ACT                                                                                                   
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is HB 83, "An                                                                
Act relating to the licensing of, acts and practices of, notice                                                                 
filings required of, duties of, registration of, capitalization of,                                                             
financial requirements for, bonding of, coordinated securities                                                                  
examinations of, recordkeeping by, and documents filed by certain                                                               
securities occupations; relating to public entity investment pools;                                                             
relating to investment advisory contracts; relating to the                                                                      
examination of records of certain securities occupations; relating                                                              
to federal covered securities; relating to the registration of                                                                  
securities; relating to the general exemptions for securities and                                                               
transactions; relating to offers of securities on the Internet;                                                                 
relating to the confidentiality of investigative files under the                                                                
Alaska Securities Act; relating to the payment by certain                                                                       
securities occupations of expenses and fees of investigations and                                                               
examinations; relating to petitions to superior court by the                                                                    
administrator to reduce civil penalties to judgment; exempting                                                                  
certain violations of the Alaska Securities Act from criminal                                                                   
penalties; relating to time limitations in bringing court actions                                                               
for violations of the Alaska Securities Act; relating to the                                                                    
affirmative defense of timeliness in court actions relating to                                                                  
securities; prohibiting certain lawsuits involving buyers of                                                                    
securities; relating to time limitations for bringing court actions                                                             
involving the receipt of a written offer related to securities;                                                                 
relating to offers to repay buyers of securities; relating to                                                                   
notification of certain securities occupations regarding                                                                        
administrative hearings;  relating to fees established by the                                                                   
administrator; relating to a sale, a purchase, or an offer to sell                                                              
or purchase under the Alaska Securities Act; relating to the                                                                    
locations of offers to buy or sell; relating to consent to service;                                                             
amending the Alaska Securities Act definitions of 'agent,'                                                                      
'broker-dealer,' 'person,' 'Securities Act of 1933,' and                                                                        
'security;' defining for purposes of the Alaska Securities Act                                                                  
'advisory client,' 'advisory fee,' 'advisory services,' 'Bank                                                                   
Holding Company Act of 1956,' 'clients who are natural persons,'                                                                
'federal covered adviser,' 'federal covered security,' 'Federal                                                                 
Deposit Insurance Act,' 'Home Owners' Loan Act,' 'investment                                                                    
adviser representative,' 'Investment Advisers Act of 1940,'                                                                     
'investment advisory business,' 'investment advisory contract,'                                                                 
'Investment Company Act of 1940,' 'NASDAQ,' 'National Securities                                                                
Markets Improvement Act of 1996,' 'notice filing,' 'place of                                                                    
business,' 'principal place of business,' 'Securities Exchange Act                                                              
of 1934,' 'securities business,' 'state investment adviser,'                                                                    
'substantial portion of the business,' 'supervised person,' and                                                                 
'viatical settlement'; relating to the title of the Alaska                                                                      
Securities Act; relating to the definitions in the Alaska                                                                       
Securities Act of 'assignment' and 'investment adviser'; relating                                                               
to implementation of the changes to the Alaska Securities Act; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
CHAIRMAN KOTT indicated the committee will take up CSHB 83(L&C),                                                                
and called on Representative Norman Rokeberg, sponsor of the bill.                                                              
                                                                                                                                
Number 2042                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated this particular legislation has been                                                             
before the House of Representatives before.  It has been modified                                                               
to remove some of the Alaska Native Claims Settlement Act (ANCSA)                                                               
corporation provisions that generated amendments from the Senate                                                                
causing the bill to perish in conference committee last year.                                                                   
Viatical settlements were added to the bill, then removed by the                                                                
House Labor and Commerce Committee.  They generated some                                                                        
controversy and there is another bill to cover that issue.  The                                                                 
department of Commerce and Economic Development has asked that the                                                              
title be amendment due to an oversight.  He provided a copy of the                                                              
amendment to the committee members.  The bill allows the state to                                                               
collect $3.9 million in annual fees from the securities industry,                                                               
particularly mutual funds.  It is mandatory that this legislation                                                               
pass and is signed by the Governor to continue to receive these                                                                 
fees.  He suggested hearing from Franklin Terry Elder from the                                                                  
Division of Banking, Securities and Corporations to explain the                                                                 
bill.                                                                                                                           
                                                                                                                                
Number 2118                                                                                                                     
                                                                                                                                
FRANKLIN TERRY ELDER, Director, Division of Banking, Securities and                                                             
Corporations, Department of Commerce and Economic Development, said                                                             
Representative Rokeberg has hit the appropriate highlights.  The                                                                
bill is necessary to bring the Alaska Securities Act into                                                                       
compliance with federal law and the changes in 1996.  The federal                                                               
government gave the states three years to amend their statutes and                                                              
regulations to allow for notice filings and fees for federal                                                                    
covered securities and federal covered advisors, brand new entities                                                             
created by the federal government in 1996.  Seventy percent of the                                                              
bill does just that.  The language was drafted by the North                                                                     
American Securities Administrators Association (NASAA), the                                                                     
organization that creates the Uniform Securities Act, and has been                                                              
adopted by over 40 states to date.  The other 30 percent of the                                                                 
bill is non-NSMIA (National Securities Markets Improvement Act)                                                                 
related, but relate to changes in exemptions that will improve the                                                              
ability of Alaskan business to access credit markets.                                                                           
                                                                                                                                
Number 2178                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT thanked Mr. Elder for his summarization.                                                                          
                                                                                                                                
Number 2183                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Elder whether he is responsible for                                                              
putting the fine presentation together.                                                                                         
                                                                                                                                
MR. ELDER replied it was a common effort with Representative                                                                    
Rokeberg.                                                                                                                       
                                                                                                                                
Number 2201                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated there are other letters of support                                                               
from security advisors and other agents who are covered by this                                                                 
bill.  He has also had several contacts with the Anchorage Bull and                                                             
Bear Club, an informal organization that represents the stock                                                                   
brokers, account executives and investment bankers in the Anchorage                                                             
area.  The letters will be added to the bill packet.  In spite of                                                               
the length of the bill, Representative Murkowski has read it.  It                                                               
has been reviewed and has been given a good length of coverage in                                                               
the House Labor and Commerce Committee both this year and last                                                                  
year.  He is confident that it is a good piece of legislation.  He                                                              
asked Mr. Elder to comment on anything in the bill that pertains to                                                             
legal ramifications that might be of interest to this committee.                                                                
                                                                                                                                
Number 2288                                                                                                                     
                                                                                                                                
MR. ELDER referred to the sections dealing with civil liabilities                                                               
in AS 45.55.930.  Currently, there is a three year statutory                                                                    
limitation from the date of a transaction that governs the                                                                      
liability of a seller of securities to a buyer of securities.                                                                   
Within that three year period, a buyer can sue a seller if it was                                                               
sold unregistered, for example.  The bill changes it from three                                                                 
years after the sell or two years from the discovery of the                                                                     
fraudulence.  In addition, the interest rate went from a flat 6                                                                 
percent to 8 percent or the stated rate of the security, if lower                                                               
than 8 percent.                                                                                                                 
                                                                                                                                
MR. ELDER further stated that the bill changes the ability of the                                                               
division to petition the superior court to reduce a civil penalty                                                               
to judgment without a (indisc.) hearing after an order has become                                                               
totally final and all rights of appeal have been exhausted.                                                                     
                                                                                                                                
CHAIRMAN KOTT stated Amendment 1 needs to be adopted.  It reads as                                                              
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 1                                                                                                             
                                                                                                                                
          AFTER:    "licensing of"                                                                                              
                                                                                                                                
          INSERT:   "and revocation of licenses of"                                                                             
                                                                                                                                
Number 2373                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES made a motion to adopt Amendment 1.  There                                                                 
being no objection, it was so adopted.                                                                                          
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Usera from the Department of Law                                                                 
whether he sees any problems that the committee should be aware of.                                                             
                                                                                                                                
VINCENT USERA, Assistant Attorney General, Commercial Section,                                                                  
Civil Division, Department of Law, indicated in the negative.                                                                   
                                                                                                                                
Number 2406                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion to move CSHB 83(L&C), as                                                                     
amended, from the committee with individual recommendations and the                                                             
attached zero fiscal note.  There being no objection, CSHB 83(JUD)                                                              
was so moved from the House Judiciary Standing Committee.                                                                       
                                                                                                                                
[The committee took a brief at-ease in order to prepare for the                                                                 
Joint meeting at which the confirmations were discussed.]                                                                       
                                                                                                                                
                                                                                                                                

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