Legislature(1993 - 1994)

04/19/1993 01:00 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                         April 19, 1993                                        
                            1:00 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Pete Kott                                                               
  Rep. Gail Phillips                                                           
  Rep. Joe Green                                                               
  Rep. Cliff Davidson                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Jeannette James, Vice-Chair                                             
  Rep. Jim Nordlund                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SB 86     "An Act relating to funds transfers under the                      
            Uniform Commercial Code; changing Alaska Rule of                   
            Civil Procedure 82; and providing for an effective                 
            date."                                                             
                                                                               
            PASSED OUT WITH A DO PASS RECOMMENDATION                           
                                                                               
  SB 112    "An Act relating to the Uniform Commercial Code;                   
            amending Alaska Rules of Civil Procedure 8 and 82,                 
            and Alaska Rule of Evidence 402; and providing for                 
            an effective date."                                                
                                                                               
            SENATE JUDICIARY COMMITTEE SUBSTITUTE PASSED OUT                   
            WITH A DO PASS RECOMMENDATION                                      
                                                                               
  SB 149    "An Act revising the laws governing financial                      
            institutions and relating to trust companies, the                  
            Alaska Small Loans Act, and the Premium Financing                  
            Act; amending Alaska Rule of Criminal Procedure 17                 
            and Alaska Rule of Civil Procedure 45(b); and                      
            providing for an effective date."                                  
                                                                               
            HOUSE LABOR AND COMMERCE COMMITTEE SUBSTITUTE                      
            PASSED OUT WITH A DO PASS RECOMMENDATION                           
                                                                               
  SB 84     "An Act relating to fees for identification cards                  
            and certain motor vehicle licenses and permits; to                 
            licenses issued to drivers and to revocation of a                  
            license to drive; and providing for an effective                   
            date."                                                             
                                                                               
            BILL (AMENDED SENATE) PASSED OUT WITH A DO PASS                    
            RECOMMENDATION                                                     
                                                                               
  HB 132    "An Act extending the time period of all permits                   
            issued by the state relating to the extraction or                  
            removal of resources if the holder of the permits                  
            is involved in litigation concerning the issuance                  
            or validity of any permit related to the                           
            extraction or removal."                                            
                                                                               
            JUDICIARY COMMITTEE SUBSTITUTE PASSED OUT WITH A                   
            DO PASS RECOMMENDATION                                             
                                                                               
  HB 187    "An Act authorizing the interception of private                    
            communications related to the commission of                        
            certain criminal offenses; making related                          
            amendments to statutes relating to eavesdropping                   
            and wiretapping; relating to the penalty for                       
            violation of statutes relating to eavesdropping                    
            and unauthorized interception, publication, or use                 
            of private communications; and providing for an                    
            effective date."                                                   
                                                                               
            PASSED OUT WITH A DO PASS RECOMMENDATION                           
                                                                               
  Additional bill(s) heard:                                                    
                                                                               
  SB 54     "An Act relating to violations of laws by                          
            juveniles, to the remedies for offenses and                        
            activities committed by juveniles and to records                   
            of those offenses, and to incarceration of                         
            juveniles who have been charged, prosecuted, or                    
            convicted as adults; and providing for an                          
            effective date."                                                   
                                                                               
            SENATE LETTER OF INTENT ADOPTED                                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  BILL KELDER,  Aide                                                           
  Sen. Jay Kerttula                                                            
  Alaska State Legislature                                                     
  Capitol Building, Room 427                                                   
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-6600                                                             
  Position Statement:  Supported SB 112 and SB 86                              
                                                                               
  ART PETERSON                                                                 
  National Conference of Commissioners on                                      
     Uniform State Laws                                                        
  One Sealaska Plaza, Suite 202                                                
  Juneau, Alaska 99801                                                         
  Phone:  586-4000                                                             
  Position Statement:  Supported SB 112 and SB 86                              
                                                                               
  GAYLE HORETSKI, Committee Counsel                                            
  House Judiciary Committee                                                    
  Alaska State Legislature                                                     
  Capitol Building, Room 120                                                   
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-6841                                                             
  Position Statement:  Discussed SB 54 and HB 132                              
                                                                               
  JOSH FINK, Aide                                                              
  Sen. Tim Kelly                                                               
  Alaska State Legislature                                                     
  Capitol Building, Room 101                                                   
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-3822                                                             
  Position Statement:  Supported SB 149; Supported SB 84                       
                                                                               
  JEFF BUSH                                                                    
  Division of Banking, Securities and Corporations                             
  Department of Commerce and Economic Development                              
  175 South Franklin Street, Suite 308                                         
  Juneau, Alaska 99801                                                         
  Phone:  463-4150                                                             
  Position Statement:  Discussed SB 149                                        
                                                                               
  KEITH SILVER                                                                 
  505 West Northern Lights Boulevard, #216                                     
  Anchorage, Alaska 99503                                                      
  Phone:  272-4445                                                             
  Position Statement:  Discussed SB 149                                        
                                                                               
  DAVID STRATTON                                                               
  8300 Briarwood, Suite B                                                      
  Anchorage, Alaska 99518                                                      
  Phone:  522-1194                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  LINDA HALL                                                                   
  3111 C Street                                                                
  Anchorage, Alaska 99503                                                      
  Phone:  561-1250                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  KAREN HOFSTAD                                                                
  P.O. Box 203                                                                 
  Petersburg, Alaska 99833                                                     
  Phone:  772-3858                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  SUSAN ERICKSON                                                               
  P.O. Box 58                                                                  
  Petersburg, Alaska 99833                                                     
  Phone:  772-3858                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  ARNE IVERSEN                                                                 
  1831 Tongass Avenue                                                          
  Ketchikan, Alaska 99901                                                      
  Phone:  225-9841                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  JAMES BARRY                                                                  
  1831 Tongass Avenue                                                          
  Ketchikan, Alaska 99901                                                      
  Phone:  225-9841                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  JIM SARVELA                                                                  
  P.O. Box 7920                                                                
  Ketchikan, Alaska 99901                                                      
  Phone:  228-4219                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  RICK HARDCASTLE                                                              
  100 Main Street                                                              
  Ketchikan, Alaska 99901                                                      
  Phone:  225-2176                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  JACK DAVIES                                                                  
  100 Main Street                                                              
  Ketchikan, Alaska 99901                                                      
  Phone:  225-2176                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
  JACK BERRY                                                                   
  1831 Tongass Avenue                                                          
  Ketchikan, Alaska 99901                                                      
  Phone:  225-9841                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  JOHN SWEENEY                                                                 
  508 Marine Way                                                               
  Kodiak, Alaska 99615                                                         
  Phone:  486-3101                                                             
  Position Statement:  Discussed SB 149                                        
                       (Spoke via teleconference)                              
                                                                               
  BUD JAEGER, President                                                        
  Alaska Independent Insurance Agents and Brokers                              
  301 Seward Street                                                            
  Juneau, Alaska 99801                                                         
  Phone:  586-2414                                                             
  Position Statement:  Discussed SB 149                                        
                                                                               
  JUANITA HENSLEY                                                              
  Chief, Driver Services                                                       
  Division of Motor Vehicles                                                   
  Department of Public Safety                                                  
  P.O. Box 20020                                                               
  Juneau, Alaska 99802                                                         
  Phone:  465-4335                                                             
  Position Statement:  Supported SB 84                                         
                                                                               
  REP. TOM BRICE                                                               
  Alaska State Legislature                                                     
  Court Building, Room 605                                                     
  Juneau, Alaska 99801                                                         
  Phone:  465-3466                                                             
  Position Statement:  Prime sponsor of HB 132                                 
                                                                               
  MARGOT KNUTH                                                                 
  Assistant Attorney General                                                   
  Criminal Division                                                            
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  465-3428                                                             
  Position Statement:  Supported HB 187                                        
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  SB  86                                                                
  SHORT TITLE: FUND TRANSFERS UNDER THE UCC                                    
  BILL VERSION:                                                                
  SPONSOR(S): SENATOR(S) KERTTULA                                              
                                                                               
  TITLE: "An Act relating to funds transfers under the Uniform                 
  Commercial Code; changing Alaska Rule of Civil Procedure 82;                 
  and providing for an effective date."                                        
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  2/03/93       220    (S)   READ THE FIRST TIME/REFERRAL(S)                   
  02/03/93       221    (S)   LABOR & COMMERCE, JUDICIARY                      
  03/02/93              (S)   L&C AT 01:30 PM FAHRENKAMP                       
                              ROOM 203                                         
  03/02/93              (S)   MINUTE(L&C)                                      
  03/03/93       588    (S)   L&C RPT  1DP 2NR                                 
  03/03/93       588    (S)   ZERO FISCAL NOTES (DCED,LAW)                     
  03/12/93              (S)   JUD AT 01:30 PM BELTZ RM 211                     
  03/15/93              (S)   JUD AT 01:30 PM BELTZ RM 211                     
  03/19/93              (S)   JUD AT 01:30 PM BELTZ RM 211                     
  03/19/93              (S)   MINUTE(JUD)                                      
  03/22/93       896    (S)   JUD RPT  4NR                                     
  03/22/93       896    (S)   PREVIOUS ZERO FNS (DCED,LAW)                     
  03/24/93              (S)   MINUTE(RLS)                                      
  03/31/93              (H)   MINUTE(ECO)                                      
  04/02/93      1063    (S)   RULES 3CAL 1NR     4/2/93                        
  04/02/93      1069    (S)   READ THE SECOND TIME                             
  04/02/93      1069    (S)   ADVANCED TO THIRD READING                        
                              UNAN CONSENT                                     
  04/02/93      1069    (S)   READ THE THIRD TIME  SB 86                       
  04/02/93      1070    (S)   PASSED Y20 N-                                    
  04/02/93      1070    (S)   EFFECTIVE DATE VOTE SAME AS                      
                              PASSAGE                                          
  04/02/93      1070    (S)   COURT RULE CHANGE VOTE SAME AS                   
                              PASSAGE                                          
  04/02/93      1080    (S)   TRANSMITTED TO (H)                               
  04/02/93       954    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/02/93       954    (H)   LABOR & COMMERCE, JUDICIARY                      
  04/13/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  04/13/93              (H)   MINUTE(L&C)                                      
  04/14/93      1202    (H)   L&C RPT  2DP 5NR                                 
  04/14/93      1202    (H)   -2 SENATE ZERO FNS (DCED,LAW)                    
                              3/3/93                                           
  04/19/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SB 112                                                                
  SHORT TITLE: UNIFORM COMMERCIAL CODE REVISIONS                               
  BILL VERSION: CSSB 112(JUD)                                                  
  SPONSOR(S): SENATOR(S) KERTTULA                                              
                                                                               
  TITLE: "An Act relating to the Uniform Commercial Code;                      
  amending Alaska Rules of Civil Procedure 8 and 82, and                       
  Alaska Rule of Evidence 402; and providing for an effective                  
  date."                                                                       
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/11/93       338    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  02/11/93       338    (S)   LABOR & COMMERCE, JUDICIARY,                     
                              FINANCE                                          
  03/02/93              (S)   L&C AT 01:30 PM FAHRENKAMP                       
                              ROOM 203                                         
  03/02/93              (S)   MINUTE(L&C)                                      
  03/04/93              (S)   L&C AT 01:30 PM FAHRENKAMP                       
                              ROOM 203                                         
  03/04/93              (S)   MINUTE(L&C)                                      
  03/05/93       613    (S)   L&C RPT  CS  1DP 3NR                             
                              SAME TITLE                                       
  03/05/93       613    (S)   ZERO FISCAL NOTES TO SB & CS                     
                              (DCED, LAW)                                      
  03/19/93              (S)   JUD AT 01:30 PM BELTZ RM 211                     
  03/19/93              (S)   MINUTE(JUD)                                      
  03/22/93       897    (S)   JUD RPT  CS  4NR                                 
                              SAME TITLE                                       
  03/22/93       897    (S)   ZERO FISCAL NOTE TO L&C & JUD                    
                              CS (DNR)                                         
  03/22/93       897    (S)   PREVIOUS ZERO FNS APPLY TO CS                    
                              (DCED,LAW)                                       
  03/22/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  03/23/93       911    (S)   FIN RPT  3DP 4NR (JUD)CS                         
                              SAME TITLE                                       
  03/23/93       911    (S)   PREVIOUS ZERO FNS APPLY (DCED,                   
                              LAW, DNR)                                        
  03/23/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  03/24/93              (S)   MINUTE(RLS)                                      
  03/31/93      1004    (S)   RULES RPT   3CAL 1NR 3/31/93                     
  03/31/93      1008    (S)   READ THE SECOND TIME                             
  03/31/93      1008    (S)   JUD  CS ADOPTED UNAN CONSENT                     
  03/31/93      1008    (S)   THIRD READING 4/1 CALENDAR                       
  03/31/93              (H)   MINUTE(ECO)                                      
  04/01/93      1032    (S)   READ THE THIRD TIME  CSSB
                              112(JUD)                                         
  04/01/93      1033    (S)   PASSED Y20 N-                                    
  04/01/93      1033    (S)   COURT RULE CHANGES VOTE SAME AS                  
                              PASSAGE                                          
  04/01/93      1033    (S)   EFFECTIVE DATE CLAUSES SAME AS                   
                              PASSAGE                                          
  04/01/93      1033    (S)   KELLY NOTICE OF RECONSIDERATION                  
  04/02/93      1079    (S)   RECONSIDERATION NOT TAKEN UP                     
  04/02/93      1080    (S)   TRANSMITTED TO (H)                               
  04/02/93       954    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/02/93       955    (H)   LABOR & COMMERCE, JUDICIARY                      
  04/13/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  04/13/93              (H)   MINUTE(L&C)                                      
  04/14/93      1203    (H)   L&C RPT  2DP 5NR                                 
  04/14/93      1203    (H)   -2 SEN ZERO FNS (LAW, DCED)                      
                              3/5/93                                           
  04/14/93      1203    (H)   -SEN ZERO FN (DNR)  3/22/93                      
  04/19/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SB 149                                                                
  SHORT TITLE: REVISION OF BANKING CODE                                        
  BILL VERSION: CS CSSB 149(FIN)                                               
  SPONSOR(S): LABOR & COMMERCE                                                 
                                                                               
  TITLE: "An Act revising the laws governing financial                         
  institutions and relating to trust companies, the Alaska                     
  Small Loans Act, and the Premium Financing Act; amending                     
  Alaska Rule of Criminal Procedure 17 and Alaska Rule of                      
  Civil Procedure 45(b); and providing for an effective date."                 
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  03/05/93       616    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  03/05/93       616    (S)   JUDICIARY, FINANCE                               
  03/19/93              (S)   JUD AT 01:30 PM BELTZ ROOM 211                   
  03/19/93              (S)   MINUTE(JUD)                                      
  03/22/93       898    (S)   JUD RPT  1DP 2NR                                 
  03/22/93       898    (S)   ZERO FISCAL NOTE (DCED)                          
  03/22/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  03/23/93       911    (S)   FIN RPT  CS  5DP 2NR                             
                              SAME TITLE                                       
  03/23/93       911    (S)   PREVIOUS ZERO FN (DCED)                          
  03/23/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  03/24/93              (S)   MINUTE(RLS)                                      
  03/31/93      1004    (S)   RULES   3CAL 1NR   3/31/93                       
  03/31/93      1007    (S)   READ THE SECOND TIME                             
  03/31/93      1007    (S)   FIN  CS ADOPTED UNAN CONSENT                     
  03/31/93      1008    (S)   ADVANCE TO 3RD RDG FAILED                        
                              Y12 N8                                           
  03/31/93      1008    (S)   THIRD READING 4/1 CALENDAR                       
  04/01/93      1031    (S)   READ THE THIRD TIME CSSB
                              149(FIN)                                         
  04/01/93      1032    (S)   PASSED Y18 N2                                    
  04/01/93      1032    (S)   COURT RULE CHANGES VOTE SAME AS                  
                              PASSAGE                                          
  04/01/93      1032    (S)   EFFECTIVE DATE VOTE SAME AS                      
                              PASSAGE                                          
  04/01/93      1032    (S)   ADAMS NOTICE OF RECONSIDERATION                  
  04/02/93      1079    (S)   RECONSIDERATION NOT TAKEN UP                     
  04/02/93      1081    (S)   TRANSMITTED TO (H)                               
  04/02/93       955    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/02/93       955    (H)   LABOR & COMMERCE, JUDICIARY                      
  04/13/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  04/13/93              (H)   MINUTE(L&C)                                      
  04/14/93      1203    (H)   L&C RPT HCS(L&C)  2DP 5NR                        
  04/14/93      1204    (H)   DP: MULDER, HUDSON                               
  04/14/93      1204    (H)   NR: PORTER, SITTON, WILLIAMS,                    
                              GREEN,MACKIE                                     
  04/14/93      1204    (H)   -SEN ZERO FN (DCED)  3/22/93                     
  04/19/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SB  84                                                                
  SHORT TITLE: REVOKE DRIVER'S LICENSE IF USE FALSE I.D.                       
  BILL VERSION: SB 84 AM                                                       
  SPONSOR(S): SENATOR(S) KELLY,Salo                                            
                                                                               
  TITLE: "An Act relating to fees for identification cards and                 
  certain motor vehicle licenses and permits; to licenses                      
  issued to drivers and to revocation of a license to drive;                   
  and providing for an effective date."                                        
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/01/93       204    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  02/01/93       204    (S)   STA, JUD, FINANCE                                
  02/10/93       323    (S)   COSPONSOR:  SALO                                 
  02/17/93              (S)   STA AT 09:00 AM BUTROVICH 205                    
  02/17/93              (S)   MINUTE(STA)                                      
  02/17/93              (S)   MINUTE(STA)                                      
  02/19/93       409    (S)   STA RPT  3DP 2NR                                 
  02/19/93       410    (S)   ZERO FISCAL NOTE (S.STA)                         
  03/05/93              (S)   JUD AT 01:30 PM BELTZ ROOM 211                   
  03/05/93              (S)   MINUTE(JUD)                                      
  03/08/93       657    (S)   JUD RPT  4DP 1NR                                 
  03/12/93       768    (S)   FISCAL NOTE (DPS)                                
  03/08/93       657    (S)   PREVIOUS ZERO FN (S.STA)                         
  03/15/93              (S)   FIN AT 08:30 AM SENATE FIN 518                   
  03/17/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  03/22/93       896    (S)   FIN RPT  6DP 1NR                                 
  03/22/93       896    (S)   FISCAL NOTE (S.FIN/DPS)                          
  03/23/93              (S)   MINUTE(RLS)                                      
  03/25/93       943    (S)   RULES RPT 3 CAL 1 OTHER REC                      
                              3/25/93                                          
  03/25/93       947    (S)   READ THE SECOND TIME                             
  03/25/93       948    (S)   TECH AM TO AM 1 ADOPTED UNAN                     
                              CONSENT                                          
  03/25/93       948    (S)   AM NO  1  ADOPTED Y9 N8 E1 A2                    
  03/25/93       949    (S)   ADVANCE TO 3RD READING FLD Y9                    
                              N8 E1 A2                                         
  03/25/93       949    (S)   THIRD READING 3/29 CALENDAR                      
  03/29/93       975    (S)   READ THE THIRD TIME  SB 84 AM                    
  03/29/93       975    (S)   HELD IN THIRD READING TO 3/31                    
                              CALENDAR                                         
  03/31/93      1008    (S)   RETURN TO 2ND FOR AM 2 ADOPTED                   
                              Y11 N9                                           
  03/31/93      1009    (S)   AM NO  2     ADOPTED Y12 N8                      
  03/31/93      1010    (S)   AUTOMATICALLY IN THIRD READING                   
  03/31/93      1010    (S)   PASSED Y19 N1                                    
  03/31/93      1010    (S)   EFFECTIVE DATE VOTE SAME AS                      
                              PASSAGE                                          
  03/31/93      1010    (S)   ADAMS  NOTICE OF RECONSIDERATION                 
  04/01/93      1028    (S)   RECON TAKEN UP-IN THIRD READING                  
  04/01/93      1029    (S)   PASSED ON RECONSIDERATION Y19                    
                              N1                                               
  04/01/93      1029    (S)   EFFECTIVE DATE VOTE SAME AS                      
                              PASSAGE                                          
  04/01/93      1049    (S)   TRANSMITTED TO (H)                               
  04/02/93       925    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/02/93       925    (H)   JUDICIARY, FINANCE                               
  04/19/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 132                                                                
  SHORT TITLE: EXTEND RESOURCE EXTRACTION PERMIT/LEASE                         
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) BRICE,Kott,James                               
                                                                               
  TITLE: "An Act extending the time period of all permits                      
  issued by the state relating to the extraction or removal of                 
  resources if the holder of the permit is involved in                         
  litigation concerning the issuance or validity of any permit                 
  related to the extraction or removal."                                       
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/05/93       236    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/05/93       236    (H)   RESOURCES, JUDICIARY, FINANCE                    
  03/22/93       739    (H)   COSPONSOR(S): KOTT                               
  03/29/93       838    (H)   COSPONSOR(S): JAMES                              
  03/23/93              (H)   MINUTE(ARR)                                      
  03/26/93              (H)   MINUTE(RES)                                      
  03/29/93              (H)   RES AT 08:00 AM CAPITOL 124                      
  03/29/93              (H)   MINUTE(RES)                                      
  03/30/93       848    (H)   RES RPT  CS(RES) NEW TITLE 5DP                   
                              2NR                                              
  03/30/93       848    (H)   DP: HUDSON, CARNEY,                              
                              JAMES,BUNDE,WILLIAMS                             
  03/30/93       848    (H)   NR: FINKELSTEIN, DAVIES                          
  03/30/93       848    (H)   -ZERO FISCAL NOTE  (DNR) 3/30/93                 
  04/16/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/16/93              (H)   MINUTE(JUD)                                      
  04/19/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 187                                                                
  SHORT TITLE: INTERCEPTION OF PRIVATE COMMUNICATIONS                          
  BILL VERSION:                                                                
  SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                 
                                                                               
  TITLE:  "An Act authorizing the interception of private                      
  communications related to the commission of certain criminal                 
  offenses; making related amendments to statutes relating to                  
  eavesdropping and wiretapping; relating to the penalty for                   
  violation of statutes relating to eavesdropping and                          
  unauthorized interception, publication, or use of private                    
  communications; and providing for an effective date."                        
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  05/01/03              (S)   JUD AT 12:00 PM BELTZ ROOM 211                   
  03/01/93       488    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/01/93       488    (H)   LABOR & COMMERCE, JUDICIARY,                     
                              FINANCE                                          
  03/01/93       488    (H)   -3 ZERO FNS(ADM, DPS, LAW)                       
                              3/1/93                                           
  03/01/93       488    (H)   -INDETERMINATE FISCAL NOTE                       
                              (ADM) 3/1/93                                     
  03/01/93       488    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  04/01/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  04/01/93              (H)   MINUTE(L&C)                                      
  04/02/93       929    (H)   L&C RPT  3DP 1DNP 2NR                            
  04/02/93       929    (H)   DP: PORTER, GREEN, HUDSON                        
  04/02/93       929    (H)   DNP: SITTON                                      
  04/02/93       929    (H)   NR: MACKIE, WILLIAMS                             
  04/02/93       929    (H)   -FISCAL NOTE  (DPS)  4/2/93                      
  04/02/93       929    (H)   -PREVIOUS INDETERMINATE FN(ADM)                  
                              3/1/93                                           
  04/02/93       929    (H)   -2 PREVIOUS ZERO FNS (ADM,LAW)                   
                              3/19/93                                          
  04/16/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/19/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SB  54                                                                
  SHORT TITLE: OFFENSES BY JUVENILE OFFENDERS                                  
  BILL VERSION: CSSB 54(FIN)                                                   
  SPONSOR(S): SENATOR(S) HALFORD,Phillips,Leman,Taylor,Miller;                 
  REPRESENTATIVE(S) Porter,Bunde                                               
                                                                               
  TITLE: "An Act relating to violations of laws by juveniles,                  
  to the remedies for offenses and activities committed by                     
  juveniles and to records of those offenses, and to                           
  incarceration of juveniles who have been charged,                            
  prosecuted, or convicted as adults; and providing for an                     
  effective date."                                                             
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/22/93       122    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  01/22/93       122    (S)   JUDICIARY, FINANCE                               
  02/08/93              (S)   JUD AT 01:30 PM BELTZ ROOM 211                   
  02/08/93              (S)   MINUTE(JUD)                                      
  02/17/93              (S)   JUD AT 01:30 PM BELTZ ROOM 211                   
  02/17/93              (S)   MINUTE(JUD)                                      
  02/19/93       408    (S)   JUD RPT  CS  3DP 1DNP NEW TITLE                  
  02/19/93       408    (S)   ZERO FISCAL NOTES TO SB (LAW,                    
                              DPS, CORR)                                       
  02/19/93       408    (S)   FISCAL NOTE TO SB (ADM - 2)                      
  02/24/93       461    (S)   FISCAL NOTES TO CS (COURT, CORR)                 
  02/24/93       461    (S)   ZERO FISCAL NOTES TO CS (DHSS,                   
                              LAW)                                             
  02/22/93              (H)   MINUTE(JUD)                                      
  02/24/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  02/25/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  02/26/93       499    (S)   FIN RPT  CS  6DP 1NR  NEW TITLE                  
  02/26/93       500    (S)   FN TO FIN CS (ADM-2, COURT)                      
  02/26/93       500    (S)   PREVIOUS CS ZERO FNS APPLY (LAW,                 
                              DHSS)                                            
  02/26/93       500    (S)   PREV SB ZERO FN APPLIES (DPS)                    
  02/26/93              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  02/26/93              (S)   MINUTE(FIN)                                      
  02/26/93              (S)   RLS AT 01:15 PM FAHRENKAMP ROOM                  
                              203                                              
  02/26/93              (S)   MINUTE(RLS)                                      
  03/01/93       538    (S)   PREVIOUS FN APPLIES TO CS (CORR)                 
  03/01/93       540    (S)   RULES TO CALENDAR  3/1/93                        
  03/01/93       541    (S)   READ THE SECOND TIME                             
  03/01/93       542    (S)   FIN  CS ADOPTED Y11 N8 E1                        
  03/01/93       543    (S)   THIRD READING 3/2 CALENDAR                       
  03/02/93       561    (S)   READ THE THIRD TIME CSSB 54(FIN)                 
  03/02/93       562    (S)   RETURN TO 2ND FOR AM 1 FLD                       
                              Y9 N10 E1                                        
  03/02/93       567    (S)   RETURN TO 2ND FOR AM 2 FLD                       
                              Y9 N10 E1                                        
  03/02/93       568    (S)   RETURN TO 2ND FOR AM 3 FLD                       
                              Y9 N10 E1                                        
  03/02/93       568    (S)   RETURN TO 2ND FOR AM 4 FLD                       
                              Y9 N10 E1                                        
  03/02/93       569    (S)   RETURN TO 2ND FOR AM 5 FLD                       
                              Y9 N10 E1                                        
  03/02/93       570    (S)   RETURN TO 2ND FOR AM 6 FLD                       
                              Y9 N10 E1                                        
  03/02/93       571    (S)   (S) ADOPTED LETTER OF INTENT                     
  03/02/93       571    (S)   PASSED Y12 N7 E1                                 
  03/02/93       571    (S)   EFFECTIVE DATE PASSED Y14                        
                              N5 E1                                            
  03/02/93       572    (S)   Kerttula  NOTICE OF                              
                              RECONSIDERATION                                  
  03/03/93       595    (S)   RECONSIDERATION NOT TAKEN UP                     
  03/03/93       596    (S)   TRANSMITTED TO (H)                               
  03/05/93       538    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/05/93       538    (H)   JUDICIARY, FINANCE                               
  03/12/93       629    (H)   CROSS SPONSOR(S): PORTER                         
  03/16/93              (H)   MINUTE(HES)                                      
  03/24/93       765    (H)   CROSS SPONSOR(S): BUNDE                          
  03/26/93              (H)   JUD AT 01:30 PM CAPITOL 120                      
  03/26/93              (H)   MINUTE(JUD)                                      
  03/26/93              (H)   MINUTE(JUD)                                      
  04/16/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
  04/16/93              (H)   MINUTE(JUD)                                      
  04/16/93              (H)   MINUTE(JUD)                                      
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-64, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Standing Committee meeting was called to                 
  order at 1:31 p.m. on April 19, 1993.  A quorum was not                      
  present; therefore, a work session remained in progress                      
  until a quorum was established.  Chairman Porter announced                   
  that all individuals who wished to testify via                               
  teleconference wanted to address SB 149.  He said that it                    
  was his intention to hold a joint hearing on SB 149, SB 86,                  
  and SB 112, Uniform Commercial Code Revisions.                               
                                                                               
  SB  86 FUND TRANSFERS UNDER THE UCC                                          
  SB 112 UNIFORM COMMERCIAL CODE REVISIONS                                     
  SB 149 REVISION OF BANKING CODE                                              
                                                                               
  CHAIRMAN PORTER announced that when SB 149 was heard by the                  
  Labor and Commerce Committee, a provision allowing banks to                  
  enter the insurance business was removed.  He noted that it                  
  was not the committee's intention to reinsert that                           
  provision.                                                                   
                                                                               
  Number 067                                                                   
                                                                               
  BILL KELDER, LEGISLATIVE AIDE TO SEN. JAY KERTTULA, the                      
  PRIME SPONSOR of SB 86 and SB 112, said that the two pieces                  
  of legislation were companion bills modifying and                            
  modernizing the state's Uniform Commercial Code (UCC).  He                   
  noted that 45 other states had already implemented most of                   
  the changes contained in the two bills.  Alaska, he said,                    
  needed to "catch up" to those other states in order that                     
  businesses outside of Alaska would feel comfortable doing                    
  business in Alaska.                                                          
                                                                               
  MR. KELDER stated that SB 86 created a new Chapter 14 for                    
  the UCC, and pertained to the electronic transfer of funds                   
  for business purposes.  He commented that, on a given day                    
  nationally, one trillion dollars changed hands in this                       
  manner.  But, he said, Alaska's UCC had not been modified to                 
  take this practice into account.  He noted that the                          
  governor's office, the attorney general, the Division of                     
  Banking, and the Department of Natural Resources' recorder's                 
  office supported SB 86.  Additionally, he said, the banking                  
  community and the business community endorsed the                            
  legislation.  He expressed his opinion that SB 86 would help                 
  to reduce litigation.                                                        
                                                                               
  MR. KELDER said that all of the changes made to the original                 
  SB 112 were merely technical in nature.  He said that SB 112                 
  represented changes to the UCC which would accommodate the                   
  changes made in SB 86 regarding electronic funds transfers,                  
  and also updated other sections of the UCC.  A section                       
  pertaining to bulk sales was being deleted from the UCC, he                  
  said, because it was out-of-date.  Beyond that, he added,                    
  SB 112 updated the UCC and made other technical changes.                     
                                                                               
  Number 165                                                                   
                                                                               
  REP. PHILLIPS asked Mr. Kelder if any attempts had been made                 
  last year to change the UCC.                                                 
                                                                               
  Number 170                                                                   
                                                                               
  MR. KELDER replied that he was not aware of any such                         
  attempts.  He said that in approximately 1989, the federal                   
  government decided that the UCC needed to be updated to                      
  reflect current technology.  Uniform Law commissioners from                  
  all of the states came together to develop a model law.                      
  States were given until 1994 to come into compliance with                    
  the model law, he said.  If states failed to do so, he said,                 
  then the federal government could take over enforcement of                   
  the UCC.                                                                     
                                                                               
  Number 187                                                                   
                                                                               
  REP. PHILLIPS asked if failure to enact SB 112 and SB 86                     
  would mean that Alaska would be under the purview of federal                 
  banking codes and laws.  She asked Mr. Kelder how many                       
  states had adopted UCC updates.                                              
                                                                               
  MR. KELDER replied that 45 states had done so.  He noted                     
  that Alaska had until 1994 to enact the UCC update.                          
                                                                               
  Number 207                                                                   
                                                                               
  ART PETERSON, A UNIFORM LAW COMMISSIONER FOR ALASKA, said                    
  that SB 86 and SB 112 contained the most recent proposals of                 
  the Uniform Law Conference, a national organization.  He                     
  said that all states had uniform commercial codes and needed                 
  to keep them up-to-date.  He commented that Alaska was                       
  getting further and further behind on the issue of                           
  electronic fund transfers, putting Alaska businesses at a                    
  serious disadvantage.  He noted that SB 112 contained three                  
  basic parts:  personal property leasing, negotiable                          
  instruments, and bulk sales.  He said that Alaska was also                   
  falling behind with regard to these areas.  He stated that                   
  the dollar amount of business done in these areas was                        
  staggering, resulting in a disadvantage to the state's                       
  businesses.                                                                  
                                                                               
  (REP. DAVIDSON and REP. KOTT arrived at approximately 1:45                   
  p.m.  A quorum was obtained.)                                                
                                                                               
  Number 307                                                                   
                                                                               
  MR. PETERSON summarized his earlier comments for the benefit                 
  of Rep. Kott and Rep. Davidson.  He noted that SB 86 and                     
  SB 112 embodied current thinking of the Uniform Law                          
  Conference.  He said that if the bills were not enacted, the                 
  federal government might intervene.  He stated that federal                  
  law already regulated consumer electronic funds transfers.                   
  He said that both bills recognized that business was now                     
  sometimes transacted by electronic impulses.  He commented                   
  that the state needed to enact laws relating to this                         
  business practice.  He noted that bulk sales provisions                      
  would be repealed because changes in business practices had                  
  negated the need for those provisions.                                       
                                                                               
  Number 370                                                                   
                                                                               
  REP. GREEN asked why some states had not yet enacted the                     
  changes proposed by the Uniform Law Conference.                              
                                                                               
  Number 376                                                                   
                                                                               
  MR. PETERSON replied that there had been some concerns                       
  regarding the negotiable instruments portion of the Uniform                  
  Law Conference's recommendations, but those issues had been                  
  largely resolved.  He said that other issues of concern had                  
  been resolved in one manner or another.  Regarding why other                 
  states had not yet enacted the Uniform Law Conference                        
  proposals, he said that most states probably did not                         
  perceive that it was urgent to do so.                                        
                                                                               
  Number 408                                                                   
                                                                               
  REP. PHILLIPS asked Mr. Peterson to explain the difference                   
  between the Senate Labor and Commerce Committee's version of                 
  SB 112 and the Senate Judiciary Committee's version.                         
                                                                               
  Number 414                                                                   
                                                                               
  MR. PETERSON mentioned that the committee members had in                     
  their bill packets a list of the changes between the two                     
  versions of SB 112.  He said that all of the changes were                    
  tiny, technical changes.                                                     
                                                                               
  Number 437                                                                   
                                                                               
  REP. DAVIDSON made a motion to move SB 86 and SB 112 out of                  
  committee with individual recommendations and attached                       
  fiscal notes.  There being no objection, it was so ordered.                  
  SB 54 OFFENSES BY JUVENILE OFFENDERS                                         
                                                                               
  CHAIRMAN PORTER announced that the committee would next                      
  address a Senate letter of intent for SB 54, which the                       
  committee had failed to adopt when it passed the bill out of                 
  committee at an earlier hearing.                                             
                                                                               
  Number 466                                                                   
                                                                               
  GAYLE HORETSKI, COMMITTEE COUNSEL TO THE HOUSE JUDICIARY                     
  COMMITTEE, explained that the letter of intent adopted by                    
  the Senate dealt with records of juveniles.  She said that                   
  there was some question as to whether it was necessary for                   
  the House to adopt the letter of intent, given changes which                 
  had been made to the bill since it passed the Senate.  But,                  
  she said, in order to be on the safe side, she was bringing                  
  the Senate's letter of intent to the committee's attention.                  
                                                                               
  REP. DAVIDSON asked for a brief explanation of what the                      
  Senate letter of intent said, as well as what the letter of                  
  intent adopted by the Judiciary Committee said.                              
                                                                               
  Number 496                                                                   
                                                                               
  MS. HORETSKI replied that the letter of intent adopted by                    
  the Judiciary Committee at its hearing on SB 54 dealt with                   
  the issue of substantive versus procedural changes in the                    
  law.                                                                         
                                                                               
  Number 503                                                                   
                                                                               
  REP. PHILLIPS made a motion to adopt the Senate letter of                    
  intent for SB 54.  There being no objection, it was adopted.                 
  SB 149 REVISION OF BANKING CODE                                              
                                                                               
  Number 509                                                                   
                                                                               
  JOSH FINK, LEGISLATIVE AIDE TO SEN. TIM KELLY, PRIME SPONSOR                 
  of SB 149, commented that the state's existing banking code                  
  was viewed as obsolete by those in the banking industry as                   
  well as state officials.  He said that SB 149 was the result                 
  of the Division of Banking, Securities, and Corporations                     
  working with state-chartered banks and the Senate Labor and                  
  Commerce Committee to revise the state's banking code.                       
                                                                               
  Number 536                                                                   
                                                                               
  REP. PHILLIPS asked if the Senate Labor and Commerce                         
  Committee supported the House Labor and Commerce Committee's                 
  deletion of a provision allowing banks to enter the                          
  insurance business.                                                          
                                                                               
  Number 540                                                                   
                                                                               
  MR. FINK replied that the Senate Labor and Commerce                          
  Committee did not object to the change.                                      
                                                                               
  Number 545                                                                   
                                                                               
  REP. DAVIDSON indicated his surprise that the Senate had not                 
  raised the insurance issue.                                                  
                                                                               
  Number 553                                                                   
                                                                               
  JEFF BUSH, an ATTORNEY under contract with the DEPARTMENT OF                 
  COMMERCE AND ECONOMIC DEVELOPMENT (DCED) to draft SB 149 and                 
  accompanying regulations, explained that the bill did three                  
  things:  (1) it revised and expanded banks' powers; (2) it                   
  made changes to DCED's regulatory powers; and (3) it amended                 
  the DCED's enforcement powers.                                               
                                                                               
  MR. BUSH stated that the most substantive changes were made                  
  to the expansion and revision of banks' powers.  He said                     
  that a new article regarding interstate and international                    
  banking was included in SB 149.  He said that former DCED                    
  Commissioner Glenn Olds was very interested in trying to                     
  encourage international banks to invest in Alaska and to                     
  assist their clients in doing so.  He noted that the                         
  existing banking code, drafted in the 1930s, did not address                 
  international banking.  Although the existing code did not                   
  prohibit international banking, he said, it did not include                  
  any specific guidelines.                                                     
                                                                               
  MR. BUSH commented that SB 149 included similar guidelines                   
  for interstate banks.  He said that the bill required that                   
  home states of interstate banks wanting to do business in                    
  Alaska also allow Alaskan banks to do business in that                       
  state.  He noted that SB 149 also allowed banks to have                      
  subsidiaries, stating that in today's marketplace, banks                     
  needed ways to earn money other than just making loans.  He                  
  said that the bill rewrote lending statutes, requiring banks                 
  to comply with "sound banking policies" instead of specific                  
  statutory requirements.  He said that experience had shown                   
  that setting out specific lending requirements in statute                    
  did not prevent banks from failing.                                          
                                                                               
  MR. BUSH stated that SB 149 made the Alaska Corporations                     
  Code applicable to banks.  He noted that the bill repealed                   
  the Alaska Savings Association Act, as there were currently                  
  no state savings and loans in Alaska.  Under the current                     
  banking code, he said, any new savings and loan would be                     
  under three regulatory agencies -- two federal and one                       
  state.  He said there was a federal system for creating                      
  savings and loans, and therefore no need for the Alaska                      
  Savings Association Act.                                                     
                                                                               
  MR. BUSH stated that the banking code's penalty provisions                   
  were consolidated and made consistent in SB 149.  He said                    
  the bill made major revisions to bank liquidation                            
  provisions.  He commented that, although SB 149 was a long                   
  bill, it was probably shorter than the existing banking code                 
  and included a great deal more substance.                                    
                                                                               
  Number 717                                                                   
                                                                               
  REP. GREEN asked Mr. Bush how the North American Free Trade                  
  Agreement (NAFTA) would mesh with the new banking code.                      
                                                                               
  Number 728                                                                   
                                                                               
  MR. BUSH replied that he did not believe that any provision                  
  of SB 149 would be detrimental to NAFTA, but added that he                   
  did not know a great deal about NAFTA.                                       
                                                                               
  Number 735                                                                   
                                                                               
  REP. PHILLIPS asked Mr. Bush to explain for which banks                      
  Federal Deposit Insurance Corporation (FDIC) insurance would                 
  be optional.                                                                 
                                                                               
  Number 751                                                                   
                                                                               
  MR. BUSH replied that a state bank could apply to the DCED                   
  to get a waiver from FDIC insurance requirements.  In order                  
  to get the waiver, he said, a bank would probably have to                    
  show a sufficient asset base and also notify depositors of                   
  the lack of FDIC insurance.                                                  
                                                                               
  Number 759                                                                   
                                                                               
  REP. PHILLIPS asked if any other state currently employed a                  
  similar practice.  She mentioned that currently anyone with                  
  a bank account in Alaska had his or her deposit insured by                   
  FDIC.                                                                        
                                                                               
  Number 764                                                                   
                                                                               
  MR. BUSH noted that Rep. Phillips was correct with regard to                 
  current practices in Alaska.  He said that, at the federal                   
  level, there appeared to be a trend toward private insurance                 
  to compete with FDIC insurance.  He said the DCED wanted to                  
  allow Alaska's banks the option of using that private                        
  insurance instead of FDIC insurance, if they wished.  Also,                  
  he stated that a neighborhood or village bank might not be                   
  large enough to qualify for FDIC insurance, but should still                 
  be able to do business if they could demonstrate protection                  
  to depositors.  He noted that there was no intention at                      
  present to permit waivers.  He commented that he was not                     
  sure if any other states allowed for a waiver of FDIC                        
  insurance, but he did not believe so.                                        
                                                                               
  Number 781                                                                   
                                                                               
  REP. PHILLIPS expressed her opinion that tremendous problems                 
  and litigation could arise if some bank accounts were not                    
  insured.                                                                     
                                                                               
  Number 784                                                                   
                                                                               
  MR. BUSH responded that the DCED shared Rep. Phillips'                       
  concerns and did not intend to permit waivers unless a bank                  
  could guarantee protection to depositors.  International                     
  banks, he added, were a different situation and could not at                 
  present obtain FDIC insurance.  Because of that, he said,                    
  international banks would have to maintain assets within the                 
  state equal to the total amount of deposits.                                 
                                                                               
  Number 800                                                                   
                                                                               
  REP. GREEN asked Mr. Bush what would happen in the event of                  
  a downturn in the economy.  Would an international bank have                 
  to acquire additional assets in-state if the value of                        
  existing assets decreased?                                                   
                                                                               
  MR. BUSH replied that Rep. Green was correct.                                
                                                                               
  Number 808                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Bush if the removal of the                         
  language regarding banks going into the insurance business                   
  would prohibit banks from doing so.                                          
                                                                               
  Number 813                                                                   
                                                                               
  MR. BUSH said that in his understanding, banks would be                      
  prohibited from going into the insurance business without                    
  specific statutory authority to do so.                                       
                                                                               
  Number 814                                                                   
                                                                               
  CHAIRMAN PORTER conveyed a question on behalf of Rep. James,                 
  who was absent.  He asked Mr. Bush if a bank could go into                   
  the real estate business.                                                    
                                                                               
  Number 820                                                                   
                                                                               
  MR. BUSH replied that he thought that the answer to that                     
  question was "yes," although he said he was not certain if a                 
  bank could go into the real estate broker business.  He                      
  commented that the way SB 149 was worded, a bank could go                    
  into the real estate management business.  He explained that                 
  in the 1980s banks suddenly found themselves with huge real                  
  estate portfolios due to foreclosures.  There was no way to                  
  put the real estate into a separate management organization                  
  outside of the bank.  He said that at the time, banks wanted                 
  to create separate real estate management corporations, but                  
  were prohibited from doing so.  This resulted in a drain on                  
  bank assets and personnel.  He said banks should have the                    
  ability to manage real estate assets owned by the bank.                      
                                                                               
  MR. BUSH stated that violations of current banking law                       
  existed in Alaska today.  He said there was a law that banks                 
  could not own real estate, except as necessary for the                       
  banking business.  He mentioned banks which owned large                      
  buildings because it was better financially to buy a large                   
  building and lease out space that the bank did not need than                 
  to lease space elsewhere.                                                    
                                                                               
  TAPE 93-64, SIDE B                                                           
  Number 012                                                                   
                                                                               
  CHAIRMAN PORTER asked if it would be possible, under SB
  149's provisions, for a person to go to a bank seeking a                     
  loan to buy a piece of real estate, have his or her loan                     
  request denied, and then see the bank go out and purchase                    
  that same piece of real estate.                                              
                                                                               
  Number 022                                                                   
                                                                               
  MR. BUSH replied that the answer to the Chairman's question                  
  was "no."  He said SB 149 did not allow banks to own real                    
  estate; it allowed separate bank subsidiaries to own real                    
  estate.  He said that in theory, under SB 149, a bank could                  
  turn down a person's loan request and then inform the                        
  subsidiary of the opportunity to purchase the real estate                    
  for which the loan request was made.  He said that such a                    
  practice would violate state regulations and probably                        
  federal law as well.                                                         
                                                                               
  Number 044                                                                   
                                                                               
  REP. PHILLIPS mentioned that language on page 24 of the bill                 
  referred to real property ownership, development, or                         
  leasing.  It did not mention brokerage.                                      
                                                                               
  Number 065                                                                   
                                                                               
  KEITH SILVER, testifying via teleconference from Anchorage,                  
  stated that because the committee did not intend to reinsert                 
  language allowing banks to enter the insurance business, he                  
  had no comments to make.                                                     
                                                                               
  Number 077                                                                   
                                                                               
  DAVID STRATTON, testifying via teleconference from                           
  Anchorage, stated that he had submitted written comments                     
  regarding allowing banks to enter the insurance industry.                    
  He said that if it was the committee's intent to respect the                 
  prior committee's removal of language regarding banks                        
  entering the insurance industry, he had nothing further to                   
  add.                                                                         
                                                                               
  Number 083                                                                   
                                                                               
  LINDA HALL, testifying via teleconference from Anchorage,                    
  said that she was present to testify against allowing banks                  
  to enter the insurance industry.  As long as the committee                   
  did not intend to reinsert language to that effect, she said                 
  that she had no comments to make.                                            
                                                                               
  Number 097                                                                   
                                                                               
  KAREN HOFSTAD, testifying via teleconference from                            
  Petersburg, indicated her support for SB 149, provided that                  
  banks were not allowed to enter the insurance business.                      
                                                                               
  Number 105                                                                   
                                                                               
  SUSAN ERICKSON, testifying via teleconference from                           
  Petersburg, thanked the committee for maintaining the                        
  removal of language allowing banks to enter the insurance                    
  industry.                                                                    
                                                                               
  Number 112                                                                   
                                                                               
  ARNE IVERSEN, testifying via teleconference from Ketchikan,                  
  echoed the comments of the previous speakers.                                
                                                                               
  Number 118                                                                   
                                                                               
  JAMES BARRY, testifying via teleconference from Ketchikan,                   
  commented that he agreed that banks should stay out of the                   
  insurance business.                                                          
                                                                               
  Number 125                                                                   
                                                                               
  JIM SARVELA, testifying via teleconference from Ketchikan,                   
  said that he had no comments to make at this time.                           
                                                                               
  Number 130                                                                   
                                                                               
  RICK HARDCASTLE, testifying via teleconference from                          
  Ketchikan, said that he had no comment to make at this time.                 
                                                                               
  Number 139                                                                   
                                                                               
  JACK DAVIES, testifying via teleconference from Ketchikan,                   
  thanked the committee for the opportunity to testify and for                 
  the fact that he did not have to testify.                                    
                                                                               
  Number 144                                                                   
                                                                               
  JACK BERRY, testifying via teleconference from Ketchikan,                    
  stated that he supported the comments of the previous four                   
  speakers.                                                                    
                                                                               
  Number 156                                                                   
                                                                               
  JOHN SWEENEY, testifying via teleconference from Kodiak,                     
  thanked the committee for allowing the hearing on SB 149 to                  
  be teleconferenced.                                                          
                                                                               
  Number 169                                                                   
                                                                               
  BUD JAEGER, from SHATTUCK AND GRUMMETT INSURANCE COMPANY in                  
  Juneau, and PRESIDENT of the ALASKA INDEPENDENT INSURANCE                    
  AGENTS AND BROKERS, indicated his support for the removal of                 
  language allowing banks to enter the insurance business.                     
                                                                               
  Number 195                                                                   
                                                                               
  REP. GREEN made a motion to pass the Labor and Commerce                      
  Committee's substitute for SB 149 out of committee, with a                   
  zero fiscal note and individual recommendations.  There                      
  being no objection, it was so ordered.                                       
  SB 84 REVOKE DRIVER'S LICENSE IF USE FALSE I.D.                              
                                                                               
  CHAIRMAN PORTER announced that the committee would take up                   
  SB 84 next.                                                                  
                                                                               
  Number 244                                                                   
                                                                               
  JOSH FINK, LEGISLATIVE AIDE TO SEN. TIM KELLY, PRIME SPONSOR                 
  of SB 84, stated that SB 84 addressed the problem of minors                  
  who used false driver's licenses to purchase alcohol.  He                    
  said that a similar bill had passed the House last year, but                 
  died in the Senate during the final hours of the session.                    
  He commented that the Department of Health and Social                        
  Services (DHSS), the Department of Public Safety (DPS),                      
  Mothers Against Drunk Driving (MADD), the Municipality of                    
  Anchorage's Health and Human Services Commission, the                        
  Bristol Bay Health Corporation, and the Anchorage Daily                      
  News, among others, supported the bill.                                      
                                                                               
  MR. FINK said that SB 84 would require that a hologram be                    
  placed over vital information on a driver's license in order                 
  to prevent tampering.  Also, he said, the phrase "under 21"                  
  would be placed on driver's licenses of minors, clearly                      
  indicating to alcohol servers that the bearer of the license                 
  could not legally purchase alcohol.  Additionally, he said,                  
  SB 84 would deter minors from attempting to purchase alcohol                 
  with a fraudulent driver's license.  Driving privileges                      
  would be revoked for any individual caught trying to                         
  purchase alcohol with a fraudulent driver's license.                         
  Revocation would be for 60 days for a first offense, and one                 
  year for a second or subsequent offense, he said.                            
                                                                               
  Number 283                                                                   
                                                                               
  REP. GREEN asked Mr. Fink to explain the two fiscal notes                    
  accompanying the bill.                                                       
                                                                               
  Number 290                                                                   
                                                                               
  MR. FINK responded that the Senate Finance Committee felt                    
  that the DPS's fiscal note was too high, and based on                        
  unreasonable assumptions regarding the number of licenses                    
  that would be revoked.  But, he said, the DPS had convincing                 
  arguments in defense of its fiscal note.  He stated that it                  
  was up to the committee to decide which fiscal note it chose                 
  to attach to the bill.                                                       
                                                                               
  Number 312                                                                   
                                                                               
  REP. PHILLIPS remarked that there was tremendous support for                 
  last year's bill which was similar to SB 84.  She applauded                  
  the use of holograms on driver's licenses.                                   
                                                                               
  Number 332                                                                   
                                                                               
  JUANITA HENSLEY, CHIEF, DRIVER SERVICES, DIVISION OF MOTOR                   
  VEHICLES, DEPARTMENT OF PUBLIC SAFETY, said the DPS                          
  supported SB 84, but opposed the Senate Finance Committee's                  
  fiscal note.  She stated that holograms would appear on all                  
  driver's licenses, not just those belonging to minors.  She                  
  said that every year the Alcoholic Beverage Control Board                    
  sent the DMV approximately 500-700 fraudulent licenses                       
  confiscated in liquor establishments.  She estimated that                    
  law enforcement officials confiscated another 500-700                        
  licenses.  She said that she had a letter from the manager                   
  of Chilkoot Charlie's, a bar in Anchorage, claiming that his                 
  employees confiscate over 400 fake licenses every year.  She                 
  commented that SB 84 could potentially result in many                        
  licenses being revoked.  She said the DPS's fiscal note was                  
  based on a conservative estimate of 1500 licenses being                      
  revoked every year.                                                          
                                                                               
  MS. HENSLEY mentioned that the DPS would soon be able to use                 
  an imaging system for driver's license photographs in its                    
  Anchorage field office.  She said that the new system would                  
  allow the DMV to guard against minors obtaining licenses                     
  while using someone else's identification.                                   
                                                                               
  Number 409                                                                   
                                                                               
  REP. GREEN asked Ms. Hensley if a person, upon turning 21,                   
  would get a new driver's license that did not say "under 21"                 
  on it.                                                                       
                                                                               
  Number 413                                                                   
                                                                               
  MS. HENSLEY said that Rep. Green was correct.                                
                                                                               
  Number 418                                                                   
                                                                               
  CHAIRMAN PORTER asked Ms. Hensley if the type of licenses                    
  proposed in SB 84 would prevent a minor from obtaining a                     
  license using his or her sibling's identification.                           
                                                                               
  Number 425                                                                   
                                                                               
  MS. HENSLEY responded that the imaging system would prevent                  
  such a situation in the Anchorage field office only, but not                 
  in other DMV field offices.  She said that individuals                       
  "office hop," meaning that if they could not obtain a                        
  fraudulent license in one office, they tried another office.                 
                                                                               
  Number 435                                                                   
                                                                               
  CHAIRMAN PORTER asked if SB 84 was an attempt to reduce a                    
  person's ability to alter an existing license.                               
                                                                               
  (REP. DAVIDSON arrived at 2:41 p.m.)                                         
                                                                               
  Number 441                                                                   
                                                                               
  MS. HENSLEY said that the chairman was correct.                              
                                                                               
  Number 459                                                                   
                                                                               
  CHAIRMAN PORTER asked how SB 84 would increase the number of                 
  licenses that DMV revoked.                                                   
                                                                               
  Number 463                                                                   
                                                                               
  MS. HENSLEY replied that, when an individual used a                          
  fraudulent license to purchase alcohol or to enter a liquor                  
  establishment, a law enforcement officer was required to                     
  issue a notice and order of revocation, to confiscate the                    
  license, and to notify the DMV of the revocation under SB
  84's provisions.                                                             
                                                                               
  Number 476                                                                   
                                                                               
  CHAIRMAN PORTER asked if that was not already occurring.                     
                                                                               
  MS. HENSLEY said that it was not.                                            
                                                                               
  REP. PHILLIPS commented that SB 84 was a very good bill.                     
  She made a motion to move it out of committee with                           
  individual recommendations and the DPS's fiscal note.                        
                                                                               
  Number 489                                                                   
                                                                               
  MS. HENSLEY stated that SB 84 also increased the cost of a                   
  driver's license.                                                            
                                                                               
  There being no objection to the motion to pass SB 84 out of                  
  committee, it was so ordered.                                                
  HB 132 EXTEND RESOURCE EXTRACTION PERMIT/LEASE                               
                                                                               
  CHAIRMAN PORTER announced that the committee would take up                   
  HB 132 next.                                                                 
                                                                               
  Number 511                                                                   
                                                                               
  MS. HORETSKI, HOUSE JUDICIARY COMMITTEE COUNSEL, called the                  
  committee members' attention to a draft committee substitute                 
  for HB 132 dated April 18, 1993.  She said that she had met                  
  with the sponsor, Rep. Brice, and Mr. Jerry Luckhaupt from                   
  the Legislative Affairs Agency's Division of Legal Services                  
  to discuss the issue of who would be considered "successful"                 
  in litigation.  She stated that language in the committee                    
  substitute was amended to clarify that issue.                                
                                                                               
  MS. HORETSKI commented that three changes appeared in the                    
  new committee substitute, two of which were amendments                       
  adopted by the committee at the last hearing on HB 132.                      
  Those appeared on page 2, line 2, and page 2, line 26, she                   
  said.  The third change appeared on page 2, lines 5-7 and                    
  lines 22-24, and had not yet been discussed by the                           
  committee.  New language provided that a permit would be                     
  extended if the permit holder or the agency was the                          
  "prevailing party."  "Prevailing party" was defined on lines                 
  22-24 as "one who has successfully prosecuted or defended                    
  against the action, who is successful on the main issue of                   
  the action and in whose favor the decision or verdict is                     
  rendered and the judgment entered."  She said that the                       
  language had been taken from case law decisions interpreting                 
  the term "prevailing party" for Alaska Civil Court Rule 82                   
  purposes.                                                                    
                                                                               
  Number 566                                                                   
                                                                               
  REP. DAVIDSON asked if the Department of Natural Resources                   
  (DNR) had a position on HB 132.                                              
                                                                               
  Number 569                                                                   
                                                                               
  REP. TOM BRICE, PRIME SPONSOR of HB 132, commented that Mr.                  
  Raga Elim of DNR had indicated that his department supported                 
  the bill, although no written position paper had been                        
  submitted.  Rep. Brice said that the DCED also supported the                 
  bill.                                                                        
                                                                               
  Number 580                                                                   
                                                                               
  REP. PHILLIPS commented that the Governor's Task Force on                    
  Regulatory Reform supported the concept behind the bill.                     
                                                                               
  Number 585                                                                   
                                                                               
  REP. KOTT expressed his opinion that if the DNR opposed                      
  HB 132, the committee would have been informed of that                       
  opposition.  He made a motion to adopt the Judiciary                         
  committee substitute for HB 132.  There being no objection,                  
  it was so ordered.                                                           
                                                                               
  Number 600                                                                   
                                                                               
  REP. KOTT made a motion to move the Judiciary committee                      
  substitute for HB 132 out of committee, with a zero fiscal                   
  note and with individual recommendations.  There being no                    
  objection, it was so ordered.                                                
                                                                               
  Number 601                                                                   
                                                                               
  REP. PHILLIPS said that HB 132 was a good piece of                           
  legislation.                                                                 
  HB 187 INTERCEPTION OF PRIVATE COMMUNICATIONS                                
                                                                               
  CHAIRMAN PORTER announced that the committee would take up                   
  HB 187.                                                                      
                                                                               
  Number 609                                                                   
                                                                               
  MARGOT KNUTH, from the DEPARTMENT OF LAW'S CRIMINAL                          
  DIVISION, said that HB 187 was the governor's bill on                        
  wiretapping and a component of his crime package.  She said                  
  that when discussing the bill with legislators and members                   
  of the public, she had generally heard two responses to the                  
  issue of wiretapping:  surprise that the state did not                       
  already allow it, and nervousness about employing it.  She                   
  said HB 187 would authorize the state to electronically                      
  eavesdrop in murder, kidnapping, and unclassified and class                  
  A felony drug cases.                                                         
                                                                               
  MS. KNUTH commented that federal law required states to                      
  abide by certain limitations before implementing a                           
  wiretapping program.  She said HB 187 would honor those                      
  requirements and also followed suggestions made in the Model                 
  Electronic Eavesdropping Act.  She stated that HB 187                        
  included safeguards.  The state did not anticipate using                     
  eavesdropping very often, she said, as it was expensive and                  
  unnecessary in many cases.  She said that it would have been                 
  useful in the Eklutna mail bombing case last year, however.                  
                                                                               
  MS. KNUTH stated that law enforcement officials would need                   
  the approval of the attorney general's office to use                         
  wiretapping.  Additionally, she said, a judge would have to                  
  find that there was probable cause that wiretapping would                    
  produce evidence that a crime had been committed or was to                   
  be committed.  Also, notice would have to be provided at                     
  some point to all persons whose conversations were                           
  intercepted.                                                                 
                                                                               
  Number 680                                                                   
                                                                               
  REP. PHILLIPS asked when the notification would occur.                       
                                                                               
  Number 684                                                                   
                                                                               
  MS. KNUTH replied that notification would usually occur as                   
  soon as a charge was filed.  She likened the procedure to                    
  that used when a search warrant was issued and served.                       
                                                                               
  REP. DAVIDSON asked Ms. Knuth to comment on how probable                     
  cause would be demonstrated.                                                 
                                                                               
  MS. KNUTH responded that an application for a wiretapping                    
  order had to be filed.  She said HB 187 set out a long list                  
  of elements that had to be shown when filing a wiretapping                   
  application.  A law enforcement officer would have to                        
  identify the facts upon which he or she was relying when                     
  applying for the order.  There would have to be enough                       
  information to warrant the issuance of a wiretapping order.                  
  There was no "trust me" component to HB 187, she added.                      
                                                                               
  MS. KNUTH stated that, in order for a wiretapping order to                   
  be issued, a judge had to be presented with specific time                    
  periods, modes of communication, locations, etc.  She called                 
  the members' attention to section 12.37.040 of the bill.                     
                                                                               
  Number 736                                                                   
                                                                               
  REP. DAVIDSON asked Ms. Knuth what protections HB 187                        
  included for innocent parties.                                               
                                                                               
  Number 748                                                                   
                                                                               
  MS. KNUTH replied that the bill provided that privileged                     
  communications would always remain privileged.                               
                                                                               
  Number 752                                                                   
                                                                               
  REP. DAVIDSON asked how many judges, law enforcement                         
  officials, and attorneys would be party to these                             
  communications.  He expressed doubt that privileged                          
  communications would remain confidential, given the number                   
  of people involved in the wiretapping exercise.                              
                                                                               
  Number 760                                                                   
                                                                               
  MS. KNUTH commented that the bill included penalties for                     
  unauthorized disclosure.  Additionally, she said, the                        
  wiretapping applications and the conversations intercepted                   
  would be sealed by the court until they were used in court                   
  proceedings.  The court system, not law enforcement                          
  officials, would have custody of those items, she said.                      
                                                                               
  Number 771                                                                   
                                                                               
  REP. DAVIDSON stated that although he trusted police                         
  officers, he knew that people talked while at work.                          
                                                                               
  Number 780                                                                   
                                                                               
  MS. KNUTH said that under current law, law enforcement                       
  officers could obtain orders allowing the recording of a                     
  face-to-face conversation.  She said that the problem of                     
  people hearing conversations which were not germane to the                   
  investigation occurred in that situation also.  She                          
  mentioned that law enforcement agencies imposed standards on                 
  their employees, and disciplinary actions were taken when                    
  those standards were breached.                                               
                                                                               
  Number 791                                                                   
                                                                               
  REP. KOTT asked about language on page 9 regarding required                  
  reports.  He asked why the state was reporting to the                        
  federal government.                                                          
                                                                               
  MS. KNUTH replied that the reports were required under                       
  federal law.                                                                 
                                                                               
  TAPE 93-65, SIDE A                                                           
  Number 000                                                                   
                                                                               
  REP. KOTT asked if the federal requirements were tied to                     
  funding.                                                                     
                                                                               
  (REP. DAVIDSON left the meeting.)                                            
                                                                               
  Number 010                                                                   
                                                                               
  MS. KNUTH stated that the requirements did not have anything                 
  to do with funding, but rather if a state would be allowed                   
  to conduct wiretapping in the first place.                                   
                                                                               
  REP. PHILLIPS made a motion to move HB 187 out of committee                  
  with individual recommendations and a zero fiscal note.                      
  There being no objection, it was so ordered.                                 
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 3:11 p.m.                           

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