02/02/2009 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| House Judiciary Standing Committee Report Regarding Gasoline Pricing in Alaska | |
| HB98 | |
| HB4 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 4 | TELECONFERENCED | |
| *+ | HB 98 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 2, 2009
1:10 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Nancy Dahlstrom, Vice Chair
Representative John Coghill
Representative Carl Gatto
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE JUDICIARY STANDING COMMITTEE REPORT REGARDING GASOLINE
PRICING IN ALASKA
- MOVED REPORT OUT OF COMMITTEE; HEARD BUT NOT SCHEDULED
HOUSE BILL NO. 98
"An Act relating to minor consuming and repeat minor consuming;
and providing for an effective date."
- MOVED HB 98 OUT OF COMMITTEE
HOUSE BILL NO. 4
"An Act relating to false caller identification."
- MOVED HB 4 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 98
SHORT TITLE: MINOR CONSUMING
SPONSOR(S): REPRESENTATIVE(S) RAMRAS
01/28/09 (H) READ THE FIRST TIME - REFERRALS
01/28/09 (H) JUD, FIN
02/02/09 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 4
SHORT TITLE: FALSE CALLER IDENTIFICATION
SPONSOR(S): REPRESENTATIVE(S) LYNN, GARDNER
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) JUD, FIN
02/02/09 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
JANE W. PIERSON, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 98 on behalf of the sponsor,
Representative Ramras.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 98.
DALE FOX, President & CEO
Alaska Cabaret Hotel Restaurant & Retailer's Association (Alaska
CHARR)
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 98.
DIRK MOFFATT, Staff
Representative Bob Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 4, responded to
questions on behalf of one of the bill's joint prime sponsors,
Representative Lynn.
ACTION NARRATIVE
1:10:42 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:10 p.m. Representatives Ramras, Lynn,
Gruenberg, Holmes, Dahlstrom, Coghill, and Gatto were present at
the call to order.
^HOUSE JUDICIARY STANDING COMMITTEE REPORT REGARDING GASOLINE
PRICING IN ALASKA
1:11:48 PM
CHAIR RAMRAS, as the first order of business, relayed that the
committee's report regarding gasoline pricing in Alaska has been
provided to members, and that members can now submit addendums
to that report.
1:17:55 PM
REPRESENTATIVE LYNN made a motion to move from committee, along
with any forthcoming addendums, the committee's report regarding
gasoline pricing in Alaska. There being no objection, it was so
ordered.
HB 98 - MINOR CONSUMING
1:18:21 PM
CHAIR RAMRAS announced that the next order of business would be
HOUSE BILL NO. 98, "An Act relating to minor consuming and
repeat minor consuming; and providing for an effective date."
1:18:41 PM
JANE W. PIERSON, Staff, Representative Jay Ramras, Alaska State
Legislature, explained that HB 98 will fix a problem that was
created when the language of House Bill 359, which passed the
House in 2008, was incorporated into the "omnibus crime bill."
In part, HB 98 will add to AS 04.16.050(c) language pertaining
to a previously granted suspended imposition of sentence (SIS),
and language referencing a prior conviction under AS
04.16.050(b)(2), thus covering all instances of repeat minor
consuming crimes regardless of how a particular previous charge
has been adjudicated. In response to questions, she indicated
that although House Bill 359 only excluded those repeat
offenders who were placed on probation from the ability to
petition the court for termination of probation, because it is
not always the case that an offender is placed on probation,
HB 98 will now ensure that any previously granted SIS or prior
conviction under AS 04.16.050(b)(2), which includes subjecting
the offender to probation, will be considered a previous
offense, thereby also precluding anyone guilty of a repeat minor
consuming crime, regardless of how that crime was adjudicated,
from petitioning the court for termination of probation.
MS. PIERSON, in response to another question, expressed
satisfaction with the current language of Section 1.
CHAIR RAMRAS, speaking as the sponsor of HB 98, in response to a
further question, offered his recollection that as a result of a
change made in the House Finance Committee, a person could only
be placed on probation for one year for a minor consuming crime.
MS. PIERSON, in response to a question, explained that under
HB 98, an SIS would still be counted by the courts for purposes
of sentencing, and thus any further offenses would be considered
repeat offenses.
1:29:46 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), clarified
that when an SIS has been granted, "the conviction stays" and
will therefore be counted by the judge as a prior offense.
REPRESENTATIVE GRUENBERG, referring to Sections 1 and 2 of the
bill, noted that proposed AS 04.16.050(d) requires the court to
notify the Division of Motor Vehicles (DMV) regarding the
revocation of the person's driver's license, whereas proposed AS
04.16.050(c) doesn't require such notification. He questioned
whether AS 04.16.050(c) should be amended to include a
notification requirement.
MS. CARPENETI explained that that language is part of existing
law, and surmised that perhaps with the shorter, three-month
revocation period required under AS 04.16.050(c), the offender
simply gives his/her driver's license to the judge. She offered
to research that issue further, but noted that she's not
received any information indicating that that aspect of the
statutes isn't working as is.
MS. PIERSON predicted that there wouldn't be any problem with
making a conforming amendment to AS 04.16.050(c), but offered to
research that issue further.
REPRESENTATIVE GRUENBERG said he is merely questioning whether
the statute requiring the shorter revocation period warrants a
notification provision.
CHAIR RAMRAS indicated that the purpose of the bill is to
recognize habitual illegal behavior by minors, and that he
didn't have any desire to alter the other provisions of these
statutes.
MS. PIERSON, in response to comments, said she didn't think that
there has been any problem with the existing language regarding
notification.
1:35:15 PM
DALE FOX, President & CEO, Alaska Cabaret Hotel Restaurant &
Retailer's Association (Alaska CHARR), after noting that one of
the goals of the Alaska CHARR is to fight underage drinking,
expressed support for the provisions of 2008's House Bill 359,
and characterized the changes proposed via HB 98 as important
technical fixes.
1:36:11 PM
REPRESENTATIVE LYNN moved to report HB 98 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 98 was reported from the House
Judiciary Standing Committee.
The committee took an at-ease from 1:36 p.m. to 1:39 p.m.
HB 4 - FALSE CALLER IDENTIFICATION
1:39:26 PM
CHAIR RAMRAS announced that the final order of business would be
HOUSE BILL NO. 4, "An Act relating to false caller
identification."
1:39:34 PM
REPRESENTATIVE LYNN, speaking as one of the joint prime sponsors
of HB 4, relayed that this legislation has already passed the
House twice, once in 2006 as [House Bill 308] and once in 2007
as House Bill 7.
DIRK MOFFATT, Staff, Representative Bob Lynn, Alaska State
Legislature, in response to a question, indicated that the
language of HB 4 is identical to that which passed the House [in
2007].
REPRESENTATIVE GRUENBERG moved to report HB 4 out of committee
with individual recommendations and the accompanying fiscal
notes.
REPRESENTATIVE GATTO, noting that material in members' packets
indicates that there are companies that provide people with the
technology enabling them to falsify caller identification
systems, expressed favor with the bill.
CHAIR RAMRAS mentioned that HB 4 currently has an indeterminate
fiscal note.
REPRESENTATIVE COGHILL, in response to a question, remarked that
additional fiscal notes can be attached to legislation right up
until the time the legislation passes the legislature.
1:44:33 PM
REPRESENTATIVE GRUENBERG again moved to report HB 4 out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HB 4 was reported from
House Judiciary Standing Committee.
REPRESENTATIVE GRUENBERG mentioned that the prior iterations of
this legislation have engendered testimony.
[HB 4 was reported from the House Judiciary Standing Committee.]
[Following was a brief discussion about possible forthcoming
addendums to the committee's report regarding gasoline pricing
in Alaska; this report had been moved from committee earlier in
the meeting.]
1:49:17 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:49 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB4 Bill version A.pdf |
HJUD 2/2/2009 1:00:00 PM |
HB 4 |
| HB4 Backup.pdf |
HJUD 2/2/2009 1:00:00 PM |
HB 4 |
| HB98 Sponsor Statement.pdf |
HJUD 2/2/2009 1:00:00 PM |
|
| HB98 version A.pdf |
HJUD 2/2/2009 1:00:00 PM |
HB 98 |
| HB98 Fiscal Note CTS.pdf |
HJUD 2/2/2009 1:00:00 PM |
|
| HB98 Statute AS 04.16.050.pdf |
HJUD 2/2/2009 1:00:00 PM |
|
| HB4 Sponsor Statement.pdf |
HJUD 2/2/2009 1:00:00 PM |
HB 4 |
| HB4 Fiscal Note LAW.pdf |
HJUD 2/2/2009 1:00:00 PM |
HB 4 |
| HB98 Fiscal Note LAW.pdf |
HJUD 2/2/2009 1:00:00 PM |