Legislature(2001 - 2002)

05/03/2002 01:15 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 3, 2002                                                                                           
                           1:15 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Norman Rokeberg, Chair                                                                                           
Representative John Coghill                                                                                                     
Representative Kevin Meyer                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Albert Kookesh                                                                                                   
Representative Jeannette James                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Scott Ogan, Vice Chair                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 6(FIN)                                                                                                   
"An Act relating to required notice of eviction to mobile home                                                                  
park dwellers and tenants before redevelopment of the park."                                                                    
                                                                                                                                
     - MOVED HCS CSSB 6(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
SENATE BILL NO. 295                                                                                                             
"An Act relating to the disclosure of information regarding                                                                     
delinquent minors to certain licensing agencies; and providing                                                                  
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED SB 295 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100(RLS)(title am)                                                                
"An Act relating to regulation and operation of personal motor                                                                  
vehicles."                                                                                                                      
                                                                                                                                
     - MOVED CSSSSB 100(RLS)(title am) OUT OF COMMITTEE                                                                         
                                                                                                                                
SENATE BILL NO. 339                                                                                                             
"An Act increasing fines for certain criminal offenses."                                                                        
                                                                                                                                
     - MOVED SB 339 OUT OF COMMITTEE                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 238(RLS)                                                                                                 
"An Act exempting from the category of public records certain                                                                   
records and information relating to state safety plans,                                                                         
programs,  and   procedures,  and  to  systems,   facilities,  and                                                              
infrastructure  in  the  state;  and providing  for  an  effective                                                              
date."                                                                                                                          
                                                                                                                                
     - MOVED CSSB 238(RLS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR SENATE BILL NO. 278(FIN)                                                                                                 
"An  Act  requiring  a good  faith  effort  to  purchase  property                                                              
before  that  property  is  taken   through  eminent  domain;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED HCS CSSB 278(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
SENATE JOINT RESOLUTION NO. 37                                                                                                  
Proposing  an  amendment  to  the Constitution  of  the  State  of                                                              
Alaska  relating  to  officers  and  employees  of  the  executive                                                              
branch.                                                                                                                         
                                                                                                                                
     - MOVED SJR 37 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 38                                                                                                  
Proposing amendments  to the Constitution  of the State  of Alaska                                                              
relating to information regarding proposed expenditures.                                                                        
                                                                                                                                
     - MOVED SJR 38 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: SB 6                                                                                                                    
SHORT TITLE:MOBILE HOME PARK EVICTION NOTICE                                                                                    
SPONSOR(S): SENATOR(S) ELLIS                                                                                                    
                                                                                                                                
Jrn-Date   Jrn-Page                      Action                                                                                 
01/08/01     0013       (S)         PREFILE RELEASED - 12/29/00                                                                 

01/08/01 0013 (S) READ THE FIRST TIME - REFERRALS

01/08/01 0013 (S) L&C, FIN 03/01/01 (S) L&C AT 1:30 PM BELTZ 211 03/01/01 (S) Heard & Held 03/01/01 (S) MINUTE(L&C) 03/08/01 (S) L&C AT 1:30 PM BELTZ 211 03/08/01 (S) Moved CS(L&C) Out of Committee 03/08/01 (S) MINUTE(L&C) 03/09/01 0594 (S) L&C RPT CS 4DP 1NR SAME TITLE 03/09/01 0595 (S) DP: PHILLIPS, DAVIS, AUSTERMAN, LEMAN; 03/09/01 0595 (S) NR: TORGERSON 03/09/01 0595 (S) FN1: ZERO(LAW) 03/19/01 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/19/01 (S) Heard & Held 03/19/01 (S) MINUTE(FIN) 03/22/01 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/22/01 (S) MINUTE(FIN) 03/22/01 0768 (S) FIN RPT CS 4DP 1DNP 2NR SAME TITLE 03/22/01 0768 (S) DP: DONLEY, HOFFMAN, OLSON, LEMAN; 03/22/01 0768 (S) NR: KELLY, WILKEN; DNP: GREEN 03/22/01 0768 (S) FN1: ZERO(LAW) 03/28/01 (S) RLS AT 10:45 AM FAHRENKAMP 203 03/28/01 (S) MINUTE(RLS) 03/29/01 0858 (S) RULES TO CALENDAR 3/29/01 03/29/01 0862 (S) READ THE SECOND TIME 03/29/01 0862 (S) FIN CS ADOPTED UNAN CONSENT 03/29/01 0862 (S) ADVANCED TO THIRD READING UNAN CONSENT 03/29/01 0862 (S) READ THE THIRD TIME CSSB 6(FIN) 03/29/01 0863 (S) PASSED Y12 N7 A1 03/29/01 0867 (S) TRANSMITTED TO (H) 03/29/01 0867 (S) VERSION: CSSB 6(FIN) 03/30/01 0782 (H) READ THE FIRST TIME - REFERRALS 03/30/01 0782 (H) JUD 03/30/01 0794 (H) CROSS SPONSOR(S): GUESS, CROFT 04/02/01 0816 (H) CROSS SPONSOR(S): MURKOWSKI 02/13/02 (H) JUD AT 1:00 PM CAPITOL 120 02/13/02 (H) Heard & Held 02/13/02 (H) MINUTE(JUD) 05/01/02 (H) JUD AT 1:00 PM CAPITOL 120 05/01/02 (H) Heard & Held MINUTE(JUD) 05/03/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SB 295 SHORT TITLE:LICENSING:DISCLOSURE OF MINORS' RECORDS SPONSOR(S): SENATOR(S) KELLY Jrn-Date Jrn-Page Action 02/13/02 2183 (S) READ THE FIRST TIME - REFERRALS 02/13/02 2183 (S) HES, JUD 03/04/02 (S) HES AT 1:30 PM BUTROVICH 205 03/04/02 (S) Moved SB 295 Out of Committee 03/04/02 (S) MINUTE(HES) 03/06/02 2384 (S) HES RPT 5DP 03/06/02 2384 (S) DP: GREEN, WILKEN, LEMAN, DAVIS, WARD 03/06/02 2384 (S) FN1: ZERO(HSS) 03/22/02 (S) JUD AT 1:30 PM BELTZ 211 03/22/02 (S) -- Meeting Canceled -- 04/10/02 (S) JUD AT 1:30 PM BELTZ 211 04/10/02 (S) Moved Out of Committee 04/10/02 (S) MINUTE(JUD) 04/11/02 2729 (S) JUD RPT 5DP 04/11/02 2729 (S) DP: TAYLOR, COWDERY, ELLIS, THERRIAULT, 04/11/02 2729 (S) DONLEY 04/11/02 2729 (S) FN1: ZERO(HSS) 04/16/02 (S) RLS AT 10:30 AM FAHRENKAMP 203 04/16/02 (S) MINUTE(RLS) 04/17/02 2807 (S) RULES TO CALENDAR 4/17/02 04/17/02 2809 (S) READ THE SECOND TIME 04/17/02 2809 (S) ADVANCED TO THIRD READING UNAN CONSENT 04/17/02 2809 (S) READ THE THIRD TIME SB 295 04/17/02 2809 (S) COSPONSOR(S): HALFORD, LEMAN, COWDERY, 04/17/02 2809 (S) AUSTERMAN 04/17/02 2810 (S) PASSED Y19 N- E1 04/17/02 2810 (S) EFFECTIVE DATE(S) SAME AS PASSAGE 04/17/02 2814 (S) TRANSMITTED TO (H) 04/17/02 2814 (S) VERSION: SB 295 04/18/02 2996 (H) READ THE FIRST TIME - REFERRALS 04/18/02 2996 (H) HES, JUD 04/25/02 (H) HES AT 3:00 PM CAPITOL 106 04/25/02 (H) Moved Out of Committee MINUTE(HES) 04/26/02 3168 (H) HES RPT 6DP 04/26/02 3168 (H) DP: STEVENS, JOULE, COGHILL, CISSNA, 04/26/02 3168 (H) WILSON, DYSON 04/26/02 3168 (H) FN1: ZERO(HSS) 05/03/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SB 100 SHORT TITLE:PERSONAL MOTOR VEHICLES/ REGISTRATION SPONSOR(S): SENATOR(S) HALFORD Jrn-Date Jrn-Page Action 02/20/01 0431 (S) READ THE FIRST TIME - REFERRALS 02/20/01 0431 (S) TRA 03/08/01 (S) TRA AT 1:30 PM BUTROVICH 205 Meeting Postponed to 3/13/01 03/13/01 (S) TRA AT 1:30 PM BUTROVICH 205 03/13/01 (S) Heard & Held 03/13/01 (S) MINUTE(TRA) 03/27/02 2540 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS 03/27/02 2541 (S) TRA 04/04/02 (S) TRA AT 1:30 PM BUTROVICH 205 04/04/02 (S) Meeting Postponed to 4/9/02 04/09/02 (S) TRA AT 1:30 PM BUTROVICH 205 04/09/02 (S) Moved CS(TRA) Out of Committee MINUTE(TRA) 04/10/02 2706 (S) TRA RPT CS 1DP 1DNP 3NR NEW TITLE 04/10/02 2706 (S) NR: COWDERY, WILKEN, TAYLOR; 04/10/02 2706 (S) DP: WARD; DNP: ELTON 04/10/02 2706 (S) FN1: ZERO(S.TRA) 04/12/02 (S) RLS AT 10:30 AM FAHRENKAMP 203 04/12/02 (S) MINUTE(RLS) 04/18/02 2837 (S) RULES TO CALENDAR W/CS 4/18 NEW TITLE 04/18/02 2838 (S) FN1: ZERO(S.TRA) 04/18/02 2841 (S) READ THE SECOND TIME 04/18/02 2841 (S) RLS CS ADOPTED UNAN CONSENT 04/18/02 2841 (S) AM NO 1 (TITLE AM) ADOPTED UNAN CONSENT 04/18/02 2842 (S) ADVANCED TO THIRD READING UNAN CONSENT 04/18/02 2842 (S) READ 3RD TIME CSSSSB 100(RLS)(TITLE AM) 04/18/02 2842 (S) PASSED Y19 N- E1 04/18/02 2842 (S) TRANSMITTED TO (H) 04/18/02 2842 (S) VERSION: CSSSSB 100(RLS)(TITLE AM) 04/19/02 3025 (H) READ THE FIRST TIME - REFERRALS 04/19/02 3025 (H) JUD 05/03/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SB 339 SHORT TITLE:INCREASE CRIMINAL FINES SPONSOR(S): FINANCE Jrn-Date Jrn-Page Action 02/20/02 2264 (S) READ THE FIRST TIME - REFERRALS 02/20/02 2264 (S) FIN 03/15/02 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/15/02 (S) Moved Out of Committee 03/15/02 (S) MINUTE(FIN) 03/18/02 2449 (S) FIN RPT 2DP 4NR 03/18/02 2449 (S) DP: DONLEY, WARD; NR: GREEN, AUSTERMAN, 03/18/02 2449 (S) HOFFMAN, LEMAN 03/18/02 2449 (S) FN1: INDETERMINATE(LAW) 03/18/02 2449 (S) FN2: INDETERMINATE(ADM) 03/25/02 (S) RLS AT 10:30 AM FAHRENKAMP 203 03/25/02 (S) MINUTE(RLS) 03/25/02 2518 (S) RULES TO CALENDAR 3/25/02 03/25/02 2519 (S) READ THE SECOND TIME 03/25/02 2519 (S) ADVANCED TO THIRD READING UNAN CONSENT 03/25/02 2519 (S) READ THE THIRD TIME SB 339 03/25/02 2519 (S) PASSED Y17 N2 A1 03/25/02 2520 (S) ELTON NOTICE OF RECONSIDERATION 03/27/02 2545 (S) RECON TAKEN UP - IN THIRD READING 03/27/02 2545 (S) PASSED ON RECONSIDERATION Y16 N4 03/27/02 2547 (S) TRANSMITTED TO (H) 03/27/02 2547 (S) VERSION: SB 339 04/01/02 2733 (H) READ THE FIRST TIME - REFERRALS 04/01/02 2733 (H) JUD, FIN 04/26/02 (H) JUD AT 1:30 PM CAPITOL 120 04/26/02 (H) Heard & Held - Time Change - MINUTE(JUD) 05/03/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SB 238 SHORT TITLE:PUBLIC RECORDS: STATE SECURITY & SAFETY SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR Jrn-Date Jrn-Page Action

01/16/02 1957 (S) READ THE FIRST TIME - REFERRALS

01/16/02 1957 (S) STA, TRA

01/16/02 1957 (S) FN1: ZERO(DOT)

01/16/02 1958 (S) GOVERNOR'S TRANSMITTAL LETTER

01/24/02 (S) STA AT 3:30 PM BELTZ 211

01/24/02 (S) Heard & Held

01/24/02 (S) MINUTE(STA)

01/31/02 (S) STA AT 3:30 PM BELTZ 211

01/31/02 (S) Scheduled But Not Heard 02/12/02 (S) STA AT 3:30 PM BELTZ 211 02/12/02 (S) Moved CSSB 238(STA) Out of Committee 02/12/02 (S) MINUTE(STA) 02/13/02 2172 (S) STA RPT CS 4DP 1NR NEW TITLE 02/13/02 2172 (S) DP: THERRIAULT, PHILLIPS, STEVENS, 02/13/02 2172 (S) DAVIS; NR: HALFORD 02/13/02 2172 (S) FN1: ZERO(DOT) 04/16/02 (S) TRA AT 1:30 PM BUTROVICH 205 04/16/02 (S) Moved CS(STA) Out of Committee MINUTE(TRA) 04/17/02 2805 (S) TRA RPT CS(STA) 1DP 3NR 04/17/02 2805 (S) NR: COWDERY, WILKEN, WARD; 04/17/02 2805 (S) DP: ELTON 04/17/02 2805 (S) FN1: ZERO(DOT) 04/26/02 (S) RLS AT 10:45 AM FAHRENKAMP 203 04/26/02 (S) MINUTE(RLS) 04/30/02 3041 (S) RULES TO CALENDAR W/CS 4/30 SAME TITLE 04/30/02 3041 (S) FN1: ZERO(DOT) 04/30/02 3044 (S) READ THE SECOND TIME 04/30/02 3044 (S) RLS CS ADOPTED UNAN CONSENT 04/30/02 3044 (S) ADVANCED TO THIRD READING UNAN CONSENT 04/30/02 3044 (S) READ THE THIRD TIME CSSB 238(RLS) 04/30/02 3045 (S) PASSED Y20 N- 04/30/02 3045 (S) EFFECTIVE DATE(S) SAME AS PASSAGE 04/30/02 3054 (S) TRANSMITTED TO (H) 04/30/02 3054 (S) VERSION: CSSB 238(RLS) 05/01/02 3252 (H) READ THE FIRST TIME - REFERRALS 05/01/02 3252 (H) JUD 05/03/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SB 278 SHORT TITLE:TAKING PROPERTY BY EMINENT DOMAIN SPONSOR(S): SENATOR(S) TORGERSON Jrn-Date Jrn-Page Action 02/04/02 2108 (S) READ THE FIRST TIME - REFERRALS 02/04/02 2108 (S) CRA, JUD 02/19/02 2243 (S) COSPONSOR(S): WILKEN 02/27/02 (S) CRA AT 1:30 PM FAHRENKAMP 203 02/27/02 (S) Moved Out of Committee 02/27/02 (S) MINUTE(CRA) 03/01/02 2338 (S) CRA RPT 2DP 2NR 03/01/02 2338 (S) DP: TORGERSON, KELLY; 03/01/02 2338 (S) NR: PHILLIPS, LINCOLN 03/01/02 2338 (S) FN1: ZERO(CRT) 03/22/02 (S) JUD AT 1:30 PM BELTZ 211 03/22/02 (S) -- Meeting Canceled -- 04/08/02 (S) JUD AT 1:30 PM BELTZ 211 04/08/02 (S) Moved CS(JUD) Out of Committee 04/08/02 (S) MINUTE(JUD) 04/09/02 2680 (S) JUD RPT CS 1DP 2NR SAME TITLE 04/09/02 2680 (S) DP: TAYLOR; NR: THERRIAULT, COWDERY 04/09/02 2680 (S) FN1: ZERO(CRT) 04/09/02 2680 (S) FN2: INDETERMINATE(DOT) 04/10/02 2717 (S) FIN REFERRAL ADDED BEFORE RULES 04/15/02 (S) FIN AT 9:00 AM SENATE FINANCE 532 04/15/02 (S) Heard & Held MINUTE(FIN) 04/17/02 (S) FIN AT 9:00 AM SENATE FINANCE 532 04/17/02 (S) Moved CS(FIN) Out of Committee 04/17/02 (S) MINUTE(FIN) 04/17/02 (S) MINUTE(FIN) 04/18/02 2831 (S) FIN RPT CS 5DP 3NR SAME TITLE 04/18/02 2831 (S) NR: DONLEY, KELLY, HOFFMAN; 04/18/02 2831 (S) DP: GREEN, AUSTERMAN, OLSON, WILKEN, 04/18/02 2831 (S) LEMAN 04/18/02 2831 (S) FN1: ZERO(CRT) 04/18/02 2831 (S) FN3: INDETERMINATE(DOT) 04/22/02 (S) RLS AT 9:30 AM FAHRENKAMP 203 04/22/02 (S) MINUTE(RLS) 04/24/02 2923 (S) RULES TO CALENDAR 4/24/02 04/24/02 2927 (S) READ THE SECOND TIME 04/24/02 2928 (S) FIN CS ADOPTED UNAN CONSENT 04/24/02 2928 (S) ADVANCED TO THIRD READING UNAN CONSENT 04/24/02 2928 (S) READ THE THIRD TIME CSSB 278(FIN) 04/24/02 2928 (S) PASSED Y20 N- 04/24/02 2928 (S) EFFECTIVE DATE(S) SAME AS PASSAGE 04/24/02 2936 (S) TRANSMITTED TO (H) 04/24/02 2936 (S) VERSION: CSSB 278(FIN) 04/25/02 3123 (H) READ THE FIRST TIME - REFERRALS 04/25/02 3123 (H) JUD, FIN 05/01/02 (H) JUD AT 1:00 PM CAPITOL 120 05/01/02 (H) Heard & Held MINUTE(JUD) 05/03/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SJR 37 SHORT TITLE:CONST AM: HIRING FREEZE SPONSOR(S): SENATOR(S) KELLY Jrn-Date Jrn-Page Action 02/19/02 2226 (S) READ THE FIRST TIME - REFERRALS 02/19/02 2226 (S) STA, JUD, FIN 02/26/02 (S) STA AT 3:30 PM BELTZ 211 02/26/02 (S) Moved SJR 37 Out of Committee 02/26/02 (S) MINUTE(STA) 02/27/02 2318 (S) STA RPT 3DP 1NR 02/27/02 2318 (S) DP: THERRIAULT, PHILLIPS, HALFORD; 02/27/02 2318 (S) NR: STEVENS 02/27/02 2318 (S) FN1: (GOV) 03/18/02 (S) JUD AT 1:30 PM BELTZ 211 03/18/02 (S) Moved Out of Committee 03/18/02 (S) MINUTE(JUD) 03/20/02 2472 (S) JUD RPT 3DP 1DNP 03/20/02 2472 (S) DP: TAYLOR, COWDERY, THERRIAULT; 03/20/02 2472 (S) DNP: ELLIS 03/20/02 2472 (S) FN1: (GOV) 03/22/02 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/22/02 (S) Moved Out of Committee 03/22/02 (S) MINUTE(FIN) 03/22/02 2496 (S) FIN RPT 6DP 3NR 03/22/02 2496 (S) DP: DONLEY, KELLY, GREEN, WILKEN, WARD, 03/22/02 2496 (S) LEMAN; NR: AUSTERMAN, HOFFMAN, OLSON 03/22/02 2496 (S) FN1: (GOV) 03/26/02 (S) RLS AT 11:00 AM FAHRENKAMP 203 03/26/02 (S) MINUTE(RLS) 03/28/02 2556 (S) RULES TO CALENDAR 1OR 3/28/02 03/28/02 2558 (S) READ THE SECOND TIME 03/28/02 2559 (S) ADVANCED TO THIRD READING FLD Y14 N3 E3 03/28/02 2559 (S) ADVANCED TO THIRD READING 4/2 CALENDAR 04/02/02 2591 (S) READ THE THIRD TIME SJR 37 04/02/02 2592 (S) HELD IN THIRD READING TO 4/8 CALENDAR 04/08/02 2663 (S) BEFORE THE SENATE IN THIRD READING 04/08/02 2663 (S) PASSED Y14 N5 E1 04/08/02 2663 (S) ELTON NOTICE OF RECONSIDERATION 04/09/02 2691 (S) RECONSIDERATION NOT TAKEN UP 04/09/02 2692 (S) TRANSMITTED TO (H) 04/09/02 2692 (S) VERSION: SJR 37 04/10/02 2861 (H) READ THE FIRST TIME - REFERRALS 04/10/02 2861 (H) STA, JUD, FIN 04/16/02 (H) STA AT 8:00 AM CAPITOL 102 04/16/02 (H) Moved Out of Committee -- Recessed to Thurs. 4/18/02 -- 04/16/02 (H) MINUTE(STA) 04/16/02 2949 (H) STA RPT 2DP 2DNP 3NR 04/16/02 2949 (H) DP: WILSON, STEVENS; DNP: CRAWFORD, 04/16/02 2949 (H) HAYES; NR: JAMES, FATE, COGHILL 04/16/02 2950 (H) FN1: (GOV) 05/01/02 (H) JUD AT 1:00 PM CAPITOL 120 05/01/02 (H) Heard & Held MINUTE(JUD) 05/03/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SJR 38 SHORT TITLE:CONST AM: PRIORITY OF EXPENDITURES SPONSOR(S): SENATOR(S) KELLY Jrn-Date Jrn-Page Action 02/19/02 2226 (S) READ THE FIRST TIME - REFERRALS 02/19/02 2226 (S) STA, JUD, FIN 02/26/02 (S) STA AT 3:30 PM BELTZ 211 02/26/02 (S) Moved SJR 38 Out of Committee 02/26/02 (S) MINUTE(STA) 02/27/02 2318 (S) STA RPT 3DP 1NR 02/27/02 2318 (S) DP: THERRIAULT, HALFORD, PHILLIPS; 02/27/02 2318 (S) NR: STEVENS 02/27/02 2318 (S) FN1: (GOV) 03/18/02 (S) JUD AT 1:30 PM BELTZ 211 03/18/02 (S) Moved Out of Committee 03/18/02 (S) MINUTE(JUD) 03/20/02 2472 (S) JUD RPT 3DP 1NR 03/20/02 2472 (S) DP: TAYLOR, COWDERY, THERRIAULT; 03/20/02 2472 (S) NR: ELLIS 03/20/02 2472 (S) FN1: (GOV) 03/22/02 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/22/02 (S) Moved Out of Committee 03/22/02 (S) MINUTE(FIN) 03/22/02 2496 (S) FIN RPT 5DP 4NR 03/22/02 2496 (S) DP: DONLEY, KELLY, GREEN, WARD, LEMAN; 03/22/02 2496 (S) NR: AUSTERMAN, HOFFMAN, OLSON, WILKEN 03/22/02 2496 (S) FN1: (GOV) 03/22/02 2501 (S) COSPONSOR(S): DONLEY, LEMAN 03/26/02 (S) RLS AT 11:00 AM FAHRENKAMP 203 03/26/02 (S) MINUTE(RLS) 03/28/02 2556 (S) RULES TO CALENDAR 1OR 3/28/02 03/28/02 2559 (S) READ THE SECOND TIME 03/28/02 2559 (S) ADVANCED TO THIRD READING FLD Y14 N3 E3 03/28/02 2560 (S) ADVANCED TO THIRD READING 4/2 CALENDAR 04/02/02 2592 (S) READ THE THIRD TIME SJR 38 04/02/02 2592 (S) HELD IN THIRD READING TO 4/8 CALENDAR 04/08/02 2663 (S) BEFORE THE SENATE IN THIRD READING 04/08/02 2664 (S) PASSED Y14 N5 E1 04/08/02 2664 (S) ELTON NOTICE OF RECONSIDERATION 04/09/02 2692 (S) RECONSIDERATION NOT TAKEN UP 04/09/02 2693 (S) TRANSMITTED TO (H) 04/09/02 2693 (S) VERSION: SJR 38 04/10/02 2861 (H) READ THE FIRST TIME - REFERRALS 04/10/02 2861 (H) STA, JUD, FIN 04/16/02 (H) STA AT 8:00 AM CAPITOL 102 04/16/02 (H) Scheduled But Not Heard -- Recessed to Thurs. 4/18/02 -- 04/18/02 (H) STA AT 8:00 AM CAPITOL 102 04/18/02 (H) Heard & Held 04/18/02 (H) MINUTE(STA) 04/23/02 (H) STA AT 8:00 AM CAPITOL 102 04/23/02 (H) Moved Out of Committee 04/23/02 (H) MINUTE(STA) 04/23/02 3094 (H) STA RPT 2DP 5NR 04/23/02 3094 (H) DP: STEVENS, FATE; NR: WILSON, 04/23/02 3094 (H) CRAWFORD, JAMES, HAYES, COGHILL 04/23/02 3094 (H) FN1: (GOV) 04/29/02 (H) JUD AT 1:00 PM CAPITOL 120 04/29/02 (H) Heard & Held MINUTE(JUD) 05/03/02 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER GWENDOLYN HALL, Staff to Senator Pete Kelly Alaska State Legislature Capitol Building, Room 518 Juneau, Alaska 99801 POSITION STATEMENT: Presented SB 295 on behalf of the sponsor, Senator Kelly. During discussion of SJR 38, responded to a question on behalf of the sponsor, Senator Kelly. ROBERT BUTTCANE, Legislative & Administrative Liaison Division of Juvenile Justice (DJJ) Department of Health & Social Services (DHSS) PO Box 110635 Juneau, Alaska 99811-0635 POSITION STATEMENT: Testified in support of SB 295 and responded to questions. KELLY HUBER, Staff to Senator Rick Halford Alaska State Legislature Capitol Building, Room 111 Juneau, Alaska 99801 POSITION STATEMENT: Presented SB 100 on behalf of the sponsor, Senator Halford. DENNIS POSHARD, Legislative Liaison/Special Assistant Office of the Commissioner Department of Transportation & Public Facilities (DOT&PF) 3132 Channel Drive Juneau, Alaska 99801-7898 POSITION STATEMENT: During discussion of SB 100, stated that the department has no objections to the bill. During discussion of SB 278, provided comments on the proposed House committee substitute - Version S. MARILYN WILSON, Staff to Senator Dave Donley Senate Finance Committee Alaska State Legislature Capitol Building, Room 506 Juneau, Alaska 99801 POSITION STATEMENT: During discussion of SB 339, responded to a question on behalf of the sponsor, the Senate Finance Committee. CAROL CARROLL, Director Central Office Administrative Services Division Department of Military & Veterans' Affairs (DMVA) 400 Willoughby Avenue, Suite 500 Juneau, Alaska 99811 POSITION STATEMENT: Presented SB 238 on behalf of the administration. MICHAEL G. MITCHELL, Assistant Attorney General Governmental Affairs Section Civil Division (Anchorage) Department of Law (DOL) 1031 West 4th Avenue, Suite 200 Anchorage, Alaska 99501-1994 POSITION STATEMENT: Assisted with the presentation of SB 238 and responded to questions. HEATHER M. NOBREGA, Staff to Representative Norman Rokeberg House Judiciary Standing Committee Alaska State Legislature Capitol Building, Room 118 Juneau, Alaska 99801 POSITION STATEMENT: During discussion of SB 278, explained the changes in the proposed House committee substitute and responded to questions. JON TILLINGHAST, General Counsel Sealaska Corporation One Sealaska Plaza, Suite 400 Juneau, Alaska 99801-1276 POSITION STATEMENT: Provided comments and responded to questions during discussion of SB 278. MICHAEL L. DOWNING, Director/Chief Engineer Division of Statewide Design & Engineering Services Department of Transportation & Public Facilities (DOT&PF) 3132 Channel Drive Juneau, Alaska 99801-7898 POSITION STATEMENT: Provided comments during discussion of SB 278. JAMES CANTOR, Assistant Attorney General Transportation Section Civil Division (Anchorage) Department of Law (DOL) 1031 West 4th Avenue, Suite 200 Anchorage, Alaska 99501-1994 POSITION STATEMENT: Provided comments and responded to questions during discussion of SB 278. ACTION NARRATIVE TAPE 02-60, SIDE A Number 0001 CHAIR NORMAN ROKEBERG called the House Judiciary Standing Committee meeting to order at 1:15 p.m. Representatives Rokeberg, Coghill, Meyer, Berkowitz, and Kookesh were present at the call to order. Representatives James joined the meeting after the recess. SB 6 - MOBILE HOME PARK EVICTION NOTICE Number 0092 CHAIR ROKEBERG announced that the first order of business would be CS FOR SENATE BILL NO. 6(FIN), "An Act relating to required notice of eviction to mobile home park dwellers and tenants before redevelopment of the park." [Before the committee was the proposed House committee substitute (HCS) for SB 6, version 22-LS0216\W, Kurtz, 2/11/02, adopted as a work draft on 2/13/02.] CHAIR ROKEBERG noted that at the 5/1/02 hearing of SB 6, the motion to adopt the new proposed HCS for SB 6, version 22- LS0216\U, Kurtz, 4/26/02, as a work draft was left pending. Number 0203 CHAIR ROKEBERG restated the motion to adopt Version U as a work draft. Number 0217 REPRESENTATIVE BERKOWITZ objected. CHAIR ROKEBERG explained that Version U provides for notice of 180 days, whereas Version W provides for notice of 270 days. He opined that because SB 6 stipulates that a quit date cannot be given earlier than May 1 or later than October 15, notice of 180 days would be sufficient. REPRESENTATIVE MEYER pointed out that 270 days was the compromise worked out between parties who felt that 365 days was too long and parties who felt that 180 days was not sufficient. Number 0301 CHAIR ROKEBERG withdrew the motion to adopt Version U as a work draft. Therefore, Version W remained before the committee. Number 0312 REPRESENTATIVE BERKOWITZ moved to report HCS for SB 6, version 22-LS0216\W, Kurtz, 2/11/02, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, HCS CSSB 6(JUD) was reported from the House Judiciary Standing Committee. CHAIR ROKEBERG called an at-ease from 1:20 p.m. to 1:22 p.m. SB 295 - LICENSING:DISCLOSURE OF MINORS' RECORDS Number 0366 CHAIR ROKEBERG announced that the next order of business would be SENATE BILL NO. 295, "An Act relating to the disclosure of information regarding delinquent minors to certain licensing agencies; and providing for an effective date." Number 0393 GWENDOLYN HALL, Staff to Senator Pete Kelly, Alaska State Legislature, said on behalf of Senator Kelly, sponsor, that SB 295 was introduced to help ensure that individuals in child care facilities and adult care facilities receive quality care. She elaborated: Currently, both state and federal laws require all child and adult care licensing authorities to review criminal histories of every individual age 16 and older who is either seeking a care license, employment with a care provider, or residing in the home of a care provider seeking licensure. However, ... for those age 16 and younger, that information is inaccessible. MS. HALL said that SB 295 will allow licensing agencies to obtain, from the [Division of Juvenile Justice (DJJ)], information on people age 16 and younger who are living in the home of care providers seeking licensure; for example, an individual who is seeking licensure for an in-home daycare facility may have a 13-year old child who is a convicted child molester. Currently, licensing agencies do not have access to that information, but passage of SB 295 would allow licensing agencies in Alaska, as well as those from other jurisdictions, access to that information. Number 0571 ROBERT BUTTCANE, Legislative & Administrative Liaison, Division of Juvenile Justice (DJJ), Department of Health & Social Services (DHSS), said that the DJJ and the DHSS support SB 295, and noted that Senator Kelly is actually sponsoring this legislation on their behalf. He said that SB 295 plugs a hole in a statute that currently does not give the DJJ explicit authority in all cases to provide this information to licensing agencies; the language in this bill would take care of that problem to the betterment of those who provide care services to seniors and children. MR. BUTTCANE, in response to a question regarding what kind of information would be disclosed, pointed out that SB 295 says "appropriate information". He surmised that the DHSS would develop regulations and policies that would provide guidance as to what "appropriate information" would actually entail. He said, "In general, what we would want to do is to make sure that the licensing agency had the information that they needed to make appropriate licensing decisions." While in general that would be delinquency adjudication information, in other case- specific situations, they may also simply need the referral information. REPRESENTATIVE COGHILL, noting that he is concerned about whether just conviction information would be released or whether "charging" information would also be released, asked what the regulations delineating "appropriate information" might look like. MR. BUTTCANE said: Without knowing what the end product of something that we haven't started work on will look like, in a delinquency system, the conventional terms of "charges" [and] "convictions" ... don't really apply; they're not consistent with delinquency language, which relates to referrals or adjudications [and] adjusted offenses versus adjudicated offenses. That's why the bill was crafted in the way that it was, where it's "appropriate information". So as we work with licensing agencies to make sure that they get what it is that they need, ... we still preserve some level of protection to juveniles who have had offenses that were adjusted appropriately, so that they don't forever bear the consequences of adolescent decisions. Number 0755 It's a fine line to walk, but I think that the statute that we propose here would do that. Certainly, any type of referral for a sexual offense is probably one of those, even though it might be adjusted through a series of diversion activities, [that] would probably be appropriate for a licensing agency to know. A shoplift of a candy bar probably is unnecessary if that has been adjusted. That's why this language "appropriate" give us some latitude to help craft exactly what it is that a licensing agency needs in order to make an appropriate decision. REPRESENTATIVE COGHILL asked whether there has "been discussion of any protocol for a system." MR. BUTTCANE said: That issue has not come up in [the] committee hearings that we have had [for] this bill; ... those questions were really not discussed as part of the committee. But as we have worked with the Department of Education [and Early Development], for instance, who is responsible for child care licensing, we did address some of those issues, and they have a need to know whether or not the kid has had any violent offenses, physical assault offenses, [or] certainly sexual offenses. And those are probably the type of offenses that will be listed [for] the information [to be] provided to a licensing agency. Certainly felonies, even though they may be felony property offenses. While, again, we haven't specifically figured out how we're going to define this, in all probability, anything that has been adjudicated delinquent, of any nature, will probably be made available to the licensing agencies. And then those offenses that relate to personal injury or suggest the possibility of a physical assault or some kind of physical interaction would probably also be on that list even though those offenses might be adjusted, that is "not convicted," but handled through an informal community diversion process. A fight at the school is an assault in the fourth degree - a [class] A misdemeanor; we might adjust that out with an anger management class, an apology letter, some community work service, but that is the type of offense that might be appropriate for a licensing agency to know. Number 0922 MR. BUTTCANE added: Again, certainly any of the sexual offenses. A sexual abuse of a minor in the fourth degree is [a class] A misdemeanor, and while most of those are actually petitioned into court, some of those are not; they don't rise to the level, given all of the case circumstances, to warrant formal action in court. The matter can be resolved through a diversion process involving some counseling [and] separation of the offender from the victim. And assessments don't always show that the offender in those cases is predatory, so we don't necessarily have to commit the resources of the state to do a formal adjudication. But, because of the nature of the offense, it's probably one of those offenses, for instance, [that] the Department of Education [and Early Development] should know about so that they do not license a daycare center or a daycare program in somebody's home when an adolescent resides in the home who has a history of inappropriate sexual behavior. REPRESENTATIVE COGHILL recalled that in his youth, many times after basketball games, they had to "settle the score outside the gym." He mentioned that sometimes accusations can create damaging records. He added, "I don't want to just be mounting a history against children who are going through a normal course of life." MR. BUTTCANE said: You are absolutely correct in that, and that is part of what we do in the juvenile justice system, which gives it one of the different characters from the adult criminal system. There is an element of subjective assessment as to whether or not the juvenile needs to be processed through the formal court system where a formal delinquency record is documented, or whether we can work with that young offender and their family and resolve the matter without creating a formal public record or an official record that basically follows them into adulthood. It's as much art as it is science. In the scenario that you used, ... that is the type of assault that probably would not be transmitted to a licensing agency, because, absent any other indicator, it would not suggest that that person poses a risk to other people - it was a situational response. If there's a lot of history of acting out, a lot of other assault referrals, [and] a lot of criminal referrals, then we're dealing with a situation that probably they do need to know about in some cases. So that's the subjective work that we do in the juvenile justice system; it's hard to delineate those specifically in statute as to where ... you draw the line. Number 1089 MR. BUTTCANE concluded: At some point you have to look the kid in the eye, listen to what the parent has to say, and then make your best judgment. While we don't do that [and] get it a 100 percent right, ... I believe that our staff is pretty well practiced at making those distinctions between young offenders who are truly criminal and those who are stupid and need some help growing up. REPRESENTATIVE COGHILL noted that he would like to see some degree of distinction between egregious behavior and behavior that children just "get into." CHAIR ROKEBERG closed the public hearing on SB 295. REPRESENTATIVE MEYER moved to report SB 295 out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, SB 295 was reported from the House Judiciary Standing Committee. CHAIR ROKEBERG called an at-ease from 1:34 p.m. to 1:35 p.m. SB 100 - PERSONAL MOTOR VEHICLES/ REGISTRATION Number 1198 CHAIR ROKEBERG announced that the next order of business would be CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100(RLS)(title am), "An Act relating to regulation and operation of personal motor vehicles." Number 1210 KELLY HUBER, Staff to Senator Rick Halford, Alaska State Legislature, said on behalf of Senator Halford, sponsor, that in the fall of 2001, a new, quiet, clean fuel mode of transportation was unveiled. It is called an electric personal assistive mobility device, which is a self-balancing two non- tandem wheeled device, which transports a single person with no emissions. It has a maximum speed of 15 miles per hour or less, and is operated by a gyroscope. The footprint is about shoulder width, and by leaning forward or backward, the operator controls the direction the device travels in. She said that the intent of SB 100 is to "create the regulations in which these would be allowed." Language in SB 100 stipulates that these devices may not be prohibited from use on sidewalks, bike paths, or vehicular ways. She noted, however, that an amendment adopted in the Senate allows municipalities to adopt ordinances regulating the use of these devices. MS. HUBER posited that these devices, similar to electric wheelchairs, may provide increased and welcomed independence for both the elderly and the disabled, and additionally may have other uses. To date, 17 states have signed similar legislation into law, and legislation in four other states is awaiting gubernatorial signature. She pointed out that SB 100 does not have any fiscal impact. In response to a question, she said she has heard that these devices are being called "the IT" and "Ginger". Number 1401 DENNIS POSHARD, Legislative Liaison/Special Assistant, Office of the Commissioner, Department of Transportation & Public Facilities (DOT&PF), said simply that the DOT&PF has no objections to SB 100. CHAIR ROKEBERG closed the public hearing on SB 100. Number 1418 REPRESENTATIVE BERKOWITZ moved to report CSSSSB 100(RLS)(title am) out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSSSSB 100(RLS)(title am) was reported from the House Judiciary Standing Committee. CHAIR ROKEBERG called an at-ease from 1:40 p.m. to 1:42 p.m. SB 339 - INCREASE CRIMINAL FINES Number 1443 CHAIR ROKEBERG announced that the next order of business would be SENATE BILL NO. 339, "An Act increasing fines for certain criminal offenses." REPRESENTATIVE BERKOWITZ asked how often judges impose the maximum fines under the current scheme. Number 1482 MARILYN WILSON, Staff to Senator Dave Donley, Senate Finance Committee, Alaska State Legislature, said on behalf of the Senate Finance Committee, sponsor, that she does not currently have that information. CHAIR ROKEBERG closed the public hearing on SB 339. Number 1615 REPRESENTATIVE MEYER moved to report SB 339 out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE BERKOWITZ objected for the purpose of remarking that it would be helpful, when the bill is heard in the House Finance Committee, for that committee to be provided with the information regarding how often, under the current scheme of fines, the maximum fine has been imposed. He then withdrew his objection. Number 1650 CHAIR ROKEBERG noted that there were no further objections to the motion to report the bill from committee. Therefore, SB 339 was reported from the House Judiciary Standing Committee. SB 238 - PUBLIC RECORDS: STATE SECURITY & SAFETY Number 1654 CHAIR ROKEBERG announced that the next order of business would be CS FOR SENATE BILL NO. 238(RLS), "An Act exempting from the category of public records certain records and information relating to state safety plans, programs, and procedures, and to systems, facilities, and infrastructure in the state; and providing for an effective date." Number 1668 CAROL CARROLL, Director, Central Office, Administrative Services Division, Department of Military & Veterans' Affairs (DMVA), said that SB 238 is the result of the Disaster Policy Cabinet (DPC) having reviewed the statutes in an effort to improve Alaska's security. This analysis took place after the terrorist attacks of September 11, 2001 ("9/11"). Senate Bill 238 amends the public records statute, which, she noted, is currently very broad in that the public has access to almost everything. She suggested that the public should continue to have broad access to public documents with very few exceptions, one of which would include, under certain circumstances, the type of information listed in SB 238. She mentioned that decisions to withhold specific information can be appealed. Number 1775 MICHAEL G. MITCHELL, Assistant Attorney General, Governmental Affairs Section, Civil Division (Anchorage), Department of Law (DOL), in response to questions, echoed that there is an appeal process by which an individual or group could challenge the decision to keep certain information confidential. He remarked that in defending such a challenge, conceivably the state would use the standards set forth in proposed subparagraphs (A),(B), and (C), and describe - in general terms - the nature of the information being withheld. In response to further questions, he noted that the standards in the aforementioned subparagraphs are similar to existing standards, and that there are a "handful of cases" regarding public records, but none that pertain to the proposed standards. CHAIR ROKEBERG asked whether blueprints of public facilities are protected. MS. CARROLL indicated that passage of SB 238 would protect such documents. CHAIR ROKEBERG closed the public hearing on SB 238. Number 1984 REPRESENTATIVE MEYER moved to report CSSB 238(RLS) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 238(RLS) was reported from the House Judiciary Standing Committee. CHAIR ROKEBERG called an at-ease from 1:55 p.m. to 1:56 p.m. SB 278 - TAKING PROPERTY BY EMINENT DOMAIN Number 1999 CHAIR ROKEBERG announced that the next order of business would be CS FOR SENATE BILL NO. 278(FIN), "An Act requiring a good faith effort to purchase property before that property is taken through eminent domain; and providing for an effective date." Number 2024 REPRESENTATIVE MEYER moved to adopt the proposed House committee substitute (HCS) for SB 278, version 22-LS1399\S, Kurtz, 5/3/02, as a work draft. There being no objection, Version S was before the committee. Number 2042 HEATHER M. NOBREGA, Staff to Representative Norman Rokeberg, House Judiciary Standing Committee, Alaska State Legislature, explained that Version S contains three changes, two of which are located in Section 2, and the third in Section 4. The first change stipulates that the provisions SB 278 only apply to parcels valued at $15,000 or more. The second change removes language that the department must consider all alternative means of satisfying the public purpose, and stipulates instead that the department can offer to exchange the property for a parcel of comparable value. The third change involves rewriting Section 4 so that it now pertains to the ascertaining and awarding of just compensation - rather than to the process of possession - while still providing "a hammer" to encourage the department to comply with the provisions of Sections 1 and 2. She explained that this encouragement comes in the form of awarding the landowner an extra 10 percent of the value of the property should the department be found to have not acted in a "reasonable and diligent" manner, and offered that this change to Section 4 will ensure that projects won't be delayed. MS. NOBREGA suggested that for consistency's sake, a technical amendment should be made to page 3, line 11, to add a reference to subsection (c). Number 2162 REPRESENTATIVE BERKOWITZ made a motion to adopt Amendment 1, on page 3, line 11, after "AS 09.55.270(b)" insert "and (c)". There being no objection, Amendment 1 was adopted. MS. NOBREGA, in response to questions, reiterated that the new language in Section 4 should ensure that projects are not delayed, and explained that the master, when deciding the awards related to the value of the property, can also assess additional items that would be awarded to the landowner, such as attorney fees, costs, and the aforementioned 10-percent penalty. CHAIR ROKEBERG remarked that in a case involving land valued at $140,000, a 10-percent penalty would involve a substantial amount of money. Number 2293 JON TILLINGHAST, General Counsel, Sealaska Corporation, noted that although the 10-percent penalty for noncompliance is less severe than losing the property altogether, it is still "credible enough to be consistent with the intent" of SB 278. He also noted that under Version S, the state is assured of ultimately getting the property, and, thus, the bill should no longer have a fiscal impact because there won't be any additional attorney fees associated with the eminent domain proceedings. He thanked the committee for its work on SB 278, and said that Sealaska supports reporting the bill from committee. TAPE 02-60, SIDE B Number 2371 DENNIS POSHARD, Legislative Liaison/Special Assistant, Office of the Commissioner, Department of Transportation & Public Facilities (DOT&PF), thanked the committee for developing Version S, noting that it is an improvement over the previous version of SB 278 and alleviates the DOT&PF's concerns regarding Sections 2, 3,and 4. He referred to a handout provided to the committee and explained that it lists entities, aside from the DOT&PF, that will affected by the bill, and that it also contains the department's acquisition statistics. CHAIR ROKEBERG asked whether the $15,000 threshold is sufficient. MR. POSHARD said he would research the issue before the bill gets to its next committee of referral to be sure that it is an appropriate threshold. He concurred with Mr. Tillinghast that Version S would engender a much different fiscal note, but noted that the 10-percent penalty might not be covered by federal funds; instead, any penalties awarded the landowner because of the state's noncompliance with Section 2 might have to come from the state's general fund. MR. POSHARD then suggested possible amendments to Version S. One amendment would involve changing page 2, line 2, so that "value" is replaced by "estimated". Another amendment would involve changing Section 4 - page 3, line 12 - so that the 10- percent penalty would be based on the final settlement amount, rather than on the value of the property. He also recommended that Section 2 should be altered so that subsection (c) becomes paragraph (3); if such a change is made, however, the change made via Amendment 1 would have to be altered appropriately [as would all other references to subsection (c)]. He indicated that this latter suggestion results from the fact that "we've had an issue over local concurrence." Number 2115 MICHAEL L. DOWNING, Director/Chief Engineer, Division of Statewide Design & Engineering Services, Department of Transportation & Public Facilities (DOT&PF), opined that changing subsection (c) into paragraph (3) would make the language cleaner and would help settle a debate that the DOT&PF has had with the Alaska Municipal League (AML). CHAIR ROKEBERG opined that the [the issue of local concurrence] is out of context for the discussion of SB 278. REPRESENTATIVE BERKOWITZ pointed out that if subsection (c) were changed into paragraph (3), then the references to subsection (b) in that new paragraph (3) would have to be altered to read "(b)(1) and (2)". CHAIR ROKEBERG asked for an example of difficulties that might arise by keeping subsection (c) as is. MR. DOWNING said: The issue there is whether the local planning approval ..., which is within the context of a chapter in statute ... titled "Consistency with Local Planning and Zoning Authority - and that's what we believe to be the test - and before and after that sentence, that's the context. But the debate we've been having is, will that sentence - "submit plans and specs for approval" - stand alone. And the municipalities believe that it does, and that approval can mean anything. We think it can only mean what it means within the context of the chapter that it's in. [We] feel pretty clear that we're right about that; nonetheless, we've had a very long debate about it. MR. DOWNING added, however, that Amendment 1, by itself, does satisfy most of the DOT&PF's concerns regarding this issue. REPRESENTATIVE COGHILL opined that as currently drafted, subsection (c) cannot be misconstrued. CHAIR ROKEBERG agreed. Number 1949 JAMES CANTOR, Assistant Attorney General, Transportation Section, Civil Division (Anchorage), Department of Law (DOL), testified via teleconference. He suggested changing the new language beginning on line 10 of Section 4 to read: "If, following the award in the proceedings, the court finds as a matter of law that the". He explained that this change would place the finding by the court within a timeframe; thus the finding would come during the later penalty phase of the proceedings rather than at the beginning of the proceedings. In response to a question, he explained that the master makes recommendations to the courts, and the courts then adopt those recommendations. MR. CANTOR noted that the condemnation cases that he is familiar with are in the $800,000 to $2 million range; in such cases, a 10-percent penalty would constitute a substantial amount of money, which, he surmised, would not be reimbursed by the Federal Highway Administration. He opined that there would be some increase in attorney fees simply because there would be a new issue to litigate. MR. TILLINGHAST posited that none of the suggested changes would cause a problem for Sealaska with the exception of changing subsection (c) into paragraph (3). He opined, however, with regard to the suggestion that the 10-percent penalty be based on the final settlement amount, that it would make more sense to say "10 percent of the final award for the property". He then referred to the fiscal note, and remarked that he has never seen a fiscal note that was based on the assumption that the state would commit a legal wrong, adding that generally such judgments against the state are paid for through a supplemental appropriation. CHAIR ROKEBERG opined that the fiscal note should be indeterminate. REPRESENTATIVE BERKOWITZ, referring to page 3, lines 11 and 12, raised the question of whether the language, "the court may award a sum equal to 10 percent" would strip the court of the flexibility to go up to 10 percent. MR. TILLINGHAST agreed, noting that if the court feels that it is "a 3-percent case," it ought to be able to award a 3-percent penalty, rather than having to award either a 10-percent penalty or nothing. He suggested that the language could be changed to say, "the court may award a sum of up to 10 percent". Number 1583 REPRESENTATIVE BERKOWITZ made a motion to adopt Amendment 2, on page 2, line 2, to delete "valued" and insert "estimated". There being no objection, Amendment 2 was adopted. Number 1566 CHAIR ROKEBERG made a motion to adopt Conceptual Amendment 3, on page 3, line 10, following "If" insert ", following the award in the proceedings," and after "the court finds" insert "as a matter of law". There being no objection, Conceptual Amendment 3 was adopted. Number 1528 CHAIR ROKEBERG made a motion to adopt Conceptual Amendment 4, on page 3, line 12, delete "equal" and insert "up to", and deleting "value" and adding "final award", and delete "of the property". There being no objection, Conceptual Amendment 4 was adopted. Number 1469 REPRESENTATIVE BERKOWITZ moved to report the proposed HCS for SB 278, version 22-LS1399\S, Kurtz, 5/3/02, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 278(JUD) was reported out of the House Judiciary Standing Committee. Number 1401 REPRESENTATIVE BERKOWITZ made a motion to adjourn the House Judiciary Standing Committee. Number 1395 A roll call vote was taken. Representatives Berkowitz voted to adjourn. Representatives Meyer, Coghill, and Rokeberg voted against adjourning. Therefore, the motion to adjourn the House Judiciary Standing Committee failed by a vote of 2-3. Number 1367 CHAIR ROKEBERG announced at 2:30 p.m. that the House Judiciary Standing Committee was recessed to a call of the chair. Number 1365 CHAIR ROKEBERG reconvened the House Judiciary Standing Committee at 5:10 p.m. Representatives Rokeberg, James, Coghill, and Meyer were present. SJR 37 - CONST AM: HIRING FREEZE Number 1354 CHAIR ROKEBERG announced that the next order of business would be SENATE JOINT RESOLUTION NO. 37, Proposing an amendment to the Constitution of the State of Alaska relating to officers and employees of the executive branch. After noting that the committee has already had a public hearing on SJR 37, Chair Rokeberg closed the public hearing on SJR 37. Number 1339 REPRESENTATIVE COGHILL moved to report SJR 37 out of committee with individual recommendations and the accompanying fiscal note. There being no objection, SJR 37 was reported from the House Judiciary Standing Committee. SJR 38 - CONST AM: PRIORITY OF EXPENDITURES Number 1319 CHAIR ROKEBERG announced that the last order of business would be SENATE JOINT RESOLUTION NO. 38, Proposing amendments to the Constitution of the State of Alaska relating to information regarding proposed expenditures. Chair Rokeberg noted that the committee has already had a public hearing on SJR 38, and that the public hearing has been closed. Number 1238 GWENDOLYN HALL, Staff to Senator Pete Kelly, Alaska State Legislature, testified on behalf of Senator Kelly, sponsor. She said that she did ask Senator Kelly if he had any objections to placing a period after "section" on page 1, line 15, and deleting "if the legislature requests the information by concurrent resolution". She relayed that the sponsor had no objections to such a change. CHAIR ROKEBERG noted such a change would force the governor to submit "information establishing a priority of proposed expenditures" regardless of whether the legislature feels that such information is needed; by leaving the language as is, however, the legislature would retain the flexibility to request that information if desired. REPRESENTATIVE JAMES said that she is not convinced that such information will be needed all the time. She mentioned that in requesting information by concurrent resolution, specific information could be requested to satisfy a particular focus. CHAIR ROKEBERG agreed. CHAIR ROKEBERG called an at-ease from 5:16 p.m. to 5:17 p.m. Number 1124 REPRESENTATIVE COGHILL moved to report SJR 38 out of committee with individual recommendations and the accompanying fiscal note. There being no objection, SJR 38 was reported from the House Judiciary Standing Committee. ADJOURNMENT Number 1109 There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 5:18 p.m.

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