Legislature(2005 - 2006)

05/02/2005 02:09 PM JUD


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                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 2, 2005                                                                                           
                           2:09 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative John Coghill                                                                                                     
Representative Nancy Dahlstrom                                                                                                  
Representative Pete Kott                                                                                                        
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Tom Anderson                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 104(JUD)                                                                                                 
"An Act  relating to the  crimes of unsworn falsification  in the                                                               
first  and  second  degrees  and  false  information  or  report;                                                               
requiring the  establishment of a  permanent fund  dividend fraud                                                               
investigation unit  in the Department  of Revenue;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED HCS CSSB 104(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 101(JUD)                                                                                                 
"An Act  making corrective amendments  to the Alaska  Statutes as                                                               
recommended  by the  revisor of  statutes; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
CS FOR SENATE JOINT RESOLUTION NO. 12(JUD)                                                                                      
Requesting  the  United  States  Senate  to  move  quickly  to  a                                                               
majority  floor  vote   of  the  United  States   Senate  on  all                                                               
nominations  by President  George W.  Bush to  the United  States                                                               
Supreme Court.                                                                                                                  
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 104                                                                                                                  
SHORT TITLE: PERMANENT FUND DIVIDEND FRAUD                                                                                      
SPONSOR(S): SENATOR(S) SEEKINS                                                                                                  
                                                                                                                                
02/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (S)       STA, JUD                                                                                               
02/22/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
02/22/05       (S)       Heard & Held                                                                                           
02/22/05       (S)       MINUTE(STA)                                                                                            
02/24/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
02/24/05       (S)       Moved CSSB 104(STA) Out of Committee                                                                   
02/24/05       (S)       MINUTE(STA)                                                                                            
02/28/05       (S)       STA RPT CS  4DP  SAME TITLE                                                                            
02/28/05       (S)       DP: THERRIAULT, ELTON, HUGGINS, DAVIS                                                                  
03/01/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/01/05       (S)       Heard & Held                                                                                           
03/01/05       (S)       MINUTE(JUD)                                                                                            
03/02/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/02/05       (S)       Moved CSSB 104(JUD) Out of Committee                                                                   
03/02/05       (S)       MINUTE(JUD)                                                                                            
03/02/05       (S)       JUD RPT CS  3DP 2NR  NEW TITLE                                                                         
03/02/05       (S)       DP: SEEKINS, THERRIAULT, HUGGINS                                                                       
03/02/05       (S)       NR: FRENCH, GUESS                                                                                      
03/07/05       (S)       TRANSMITTED TO (H)                                                                                     
03/07/05       (S)       VERSION: CSSB 104(JUD)                                                                                 
03/09/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/09/05       (H)       STA, JUD                                                                                               
04/05/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
04/05/05       (H)       Moved Out of Committee                                                                                 
04/05/05       (H)       MINUTE(STA)                                                                                            
04/06/05       (H)       STA RPT 4DP 1NR                                                                                        
04/06/05       (H)       DP: LYNN, ELKINS, GRUENBERG, SEATON;                                                                   
04/06/05       (H)       NR: GARDNER                                                                                            
04/29/05       (H)       JUD AT 4:00 PM CAPITOL 120                                                                             
04/29/05       (H)       Heard & Held                                                                                           
04/29/05       (H)       MINUTE(JUD)                                                                                            
05/02/05       (H)       JUD AT 12:00 AM CAPITOL 120                                                                            
                                                                                                                                
BILL: SB 101                                                                                                                  
SHORT TITLE: REVISOR'S BILL                                                                                                     
SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
02/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (S)       STA, JUD                                                                                               
02/24/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
02/24/05       (S)       Heard & Held                                                                                           
02/24/05       (S)       MINUTE(STA)                                                                                            
03/01/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/01/05       (S)       Moved CSSB 101(STA) Out of Committee                                                                   
03/01/05       (S)       MINUTE(STA)                                                                                            
03/03/05       (S)       STA RPT CS  3DP 1NR  SAME TITLE                                                                        
03/03/05       (S)       DP: THERRIAULT, WAGONER, HUGGINS                                                                       
03/03/05       (S)       NR: ELTON                                                                                              
04/25/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/25/05       (S)       Moved CSSB 101(JUD) Out of Committee                                                                   
04/25/05       (S)       MINUTE(JUD)                                                                                            
04/25/05       (S)       JUD RPT CS 3DP 1NR  SAME TITLE                                                                         
04/25/05       (S)       DP: SEEKINS, THERRIAULT, HUGGINS                                                                       
04/25/05       (S)       NR: FRENCH                                                                                             
04/27/05       (S)       TRANSMITTED TO (H)                                                                                     
04/27/05       (S)       VERSION: CSSB 101(JUD)                                                                                 
04/28/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/28/05       (H)       JUD                                                                                                    
05/02/05       (H)       JUD AT 12:00 AM CAPITOL 120                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JAMES CRAWFORD, Assistant Revisor                                                                                               
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented  SB 101 on  behalf of  the Senate                                                               
Rules  Standing Committee,  sponsor  of the  bill  by request  of                                                               
Legislative Council, and responded to questions.                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL   McGUIRE  called   the  House   Judiciary  Standing                                                             
Committee  meeting  to  order at  2:09:57  PM.    Representatives                                                             
McGuire,  Coghill, Kott,  and Gara  were present  at the  call to                                                               
order.   Representatives Dahlstrom  and Gruenberg arrived  as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
SB 104 - PERMANENT FUND DIVIDEND FRAUD                                                                                        
                                                                                                                                
[Contains mention  that portions of HB  127 and HB 273  have been                                                               
incorporated  into proposed  House  committee substitutes  (HCSs)                                                               
for SB 104.]                                                                                                                    
                                                                                                                                
2:10:58 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be  CS FOR  SENATE BILL  NO. 104(JUD),  "An Act  relating to  the                                                               
crimes of unsworn  falsification in the first  and second degrees                                                               
and false  information or report; requiring  the establishment of                                                               
a  permanent  fund  dividend  fraud  investigation  unit  in  the                                                               
Department  of Revenue;  and providing  for  an effective  date."                                                               
[Before   the  committee   was  the   proposed  House   committee                                                               
substitute (HCS) for SB 104,  Version 24-LS0519\X, Cook, 4/28/05,                                                               
which  was  adopted as  a  work  draft  on 4/29/05;  included  in                                                               
members  packets  was  the proposed  House  committee  substitute                                                               
(HCS) for SB 104, Version 24-LS0519\S, Cook, 4/13/05.]                                                                          
                                                                                                                                
CHAIR  McGUIRE noted  that public  testimony on  SB 104  had been                                                               
closed at  the bill's last  hearing, and ascertained that  no one                                                               
else wished to provide further testimony.                                                                                       
                                                                                                                                
CHAIR McGUIRE  referred to  the new HCS,  Version S,  in members'                                                               
packets, and relayed  that although Version X,  which was adopted                                                               
as a work  draft on 4/29/05, had incorporated  provisions from HB                                                               
127 and  HB 273, in light  of conversations she'd had  with other                                                               
members and the sponsors, she  decided that it would be imprudent                                                               
to move such an all-encompassing  HCS through the process without                                                               
providing the  public more opportunities for  input, particularly                                                               
given  the   concerns  raised  regarding  practical   issues  and                                                               
potential constitutional issues.                                                                                                
                                                                                                                                
2:12:50 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE explained  that Version S incorporates  into SB 104                                                               
the provisions of  HB 127 regarding allowable  absences for peace                                                               
corps volunteers  and members of  U.S. Olympic Teams, as  well as                                                               
civil   penalties  commiserate   with   the  criminal   penalties                                                               
currently in SB 104.                                                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL  made a motion  to adopt the  proposed HCS                                                               
for  SB 104,  Version  24-LS0519\S, Cook,  4/13/05,  as the  work                                                               
draft.   There  being  no  objection, Version  S  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GARA indicated that  he appreciates that Version S                                                               
does not  include the provisions  from HB 273, because  he thinks                                                               
they could use more work over the interim.                                                                                      
                                                                                                                                
CHAIR McGUIRE concurred  and relayed that she would  defer to the                                                               
sponsor of  HB 273 with  regard to  when those provisions  can be                                                               
addressed.                                                                                                                      
                                                                                                                                
2:16:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT moved to report  the proposed HCS for SB 104,                                                               
Version  24-LS0519\S,  Cook,  4/13/05,   out  of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  HCS CSSB  104(JUD) was  reported from                                                               
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
2:17:18 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  made a  motion that  the House  Judiciary Standing                                                               
Committee introduce  a House  Concurrent Resolution  [which later                                                               
became HCR 15] for the purpose  of changing the title of HCS CSSB                                                               
104(JUD).  There being no objection, the motion carried.                                                                        
                                                                                                                                
The committee took an at-ease from 2:17 p.m. to 2:18 p.m.                                                                       
                                                                                                                                
SB 101 - REVISOR'S BILL                                                                                                       
                                                                                                                                
2:18:18 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  final order of  business would                                                               
be CS  FOR SENATE  BILL NO. 101(JUD),  "An Act  making corrective                                                               
amendments to the  Alaska Statutes as recommended  by the revisor                                                               
of statutes; and providing for an effective date."                                                                              
                                                                                                                                
JAMES  CRAWFORD, Assistant  Revisor,  Legislative Legal  Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency  (LAA), presented  SB 101  on behalf  of the  Senate Rules                                                               
Standing   Committee,  sponsor   of  the   bill  by   request  of                                                               
Legislative  Council.    He  relayed  that  revisor's  bills  are                                                               
prepared  annually under  the authority  of  AS 01.05.036,  which                                                               
commands the revisor to fix  problems in statute.  Those problems                                                               
and  their solutions  fall into  three general  categories.   The                                                               
first category involves problems  the solutions for which improve                                                               
the form  or substance of  the law, and  this is the  most common                                                               
category  of solution  found in  SB 101  and include  grammatical                                                               
corrections  and  conforming   statutes  to  the  drafting-manual                                                               
style.     For  example,  Section   66,  which  pertains   to  AS                                                               
46.14.010(b), proposes  to replace the term  "emission unit" with                                                               
"emissions  unit" because  the latter  term  mirrors the  federal                                                               
term, as  is now  required by  federal regulations  regarding air                                                               
quality control.                                                                                                                
                                                                                                                                
MR.  CRAWFORD  relayed  that  the   second  category  of  problem                                                               
addressed  by revisor's  bills  involves  solutions that  correct                                                               
oversights  or  errors.    In  other  words,  if  language  in  a                                                               
particular  section   of  statute   doesn't  exactly   match  the                                                               
legislative  intent, the  revisor's  bill tries  to conform  that                                                               
language  with the  intent, intent  as  it pertains  to a  policy                                                               
choice that  has already  been made.   This  is the  least common                                                               
category of  solution in  SB 101, though  one example  is Section                                                               
21,  which pertains  to AS  13.26.332 -  statutory form  power of                                                               
attorney -  and which proposes to  replace the phrase "as  I have                                                               
checked" with  the phrase  "as indicated";  the latter  phrase is                                                               
more correct  because according  to the  remainder of  the form's                                                               
language,  checking  an item  never  actually  occurs.   He  also                                                               
relayed  that   the  third  category  of   problem  addressed  by                                                               
revisor's  bills  involve   solutions  for  obsolete  provisions.                                                               
Provisions  can become  obsolete  either through  the passage  of                                                               
time or  through the  repeal of other  provisions.   For example,                                                               
Section  35 -  which pertains  to AS  16.43.460(b) -  proposes to                                                               
reflect the repeal of AS 16.43.901 and AS 16.43.906.                                                                            
                                                                                                                                
MR.  CRAWFORD went  on to  explain that  the changes  proposed in                                                               
revisor's bills  address problems that  have been brought  to the                                                               
revisor's attention, either through  statute reviews conducted by                                                               
Legislative  Legal  and  Research Services,  or  through  statute                                                               
reviews  conducted  by  the  Department of  Law  (DOL)  or  other                                                               
departments.   After a revisor's  bill is initially  drafted, all                                                               
three  of  the LAA's  revisors  review  the proposed  changes  to                                                               
ensure that they are appropriate  to include in a revisor's bill,                                                               
since such bills  must be nonpartisan and policy-neutral.   It is                                                               
very important  that revisor's bills  do not make any  new policy                                                               
choices, even inadvertently.  After  the aforementioned review, a                                                               
revisor's bill  is sent to the  DOL where it is  parceled out for                                                               
further  review.   After this  occurs,  the bill  is returned  to                                                               
Legislative  Legal and  Research  Services  for finalization  and                                                               
submission to Legislative Council.                                                                                              
                                                                                                                                
2:24:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG referred  to page 9, line  16, and asked                                                               
whether there should be a comma [added] after the word "below".                                                                 
                                                                                                                                
MR.  CRAWFORD  said  that  from  a  grammatical  standpoint,  the                                                               
language  is fine  as  is, but  he  would not  object  to such  a                                                               
change.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG turned  attention  to  Section 42,  and                                                               
asked  why  it is  proposing  to  eliminate the  intent  language                                                               
currently included in AS 26.10.060(a).                                                                                          
                                                                                                                                
MR.  CRAWFORD  explained  that that  intent  language  refers  to                                                               
reemployment  benefits  granted by  a  federal  statute, and  the                                                               
provisions in  that federal statute which  granted those benefits                                                               
have since been repealed.  In  response to a further question, he                                                               
relayed that  [Section 91] proposes  to repeal AS  14.08.031(d) -                                                               
which  stipulates  that  U.S.  Bureau  of  Indian  Affairs  (BIA)                                                               
schools shall  be included in  a regional  educational attendance                                                               
area  (REAA)  boundary -  because  the  BIA  does not  manage  or                                                               
supervise schools in  the state of Alaska; proposes  to repeal AS                                                               
18.50.950(4)  - which  stipulates  that  "child adoption  agency"                                                               
means a child  adoption agency licensed under AS  47.35 - because                                                               
the term being defined  is not used in AS 18.50 and  so it is not                                                               
necessary to  include such  a definition  there; and  proposes to                                                               
repeal  AS 46.14.250(e)  -  which stipulates  in  part that  with                                                               
regard to  emission fees,  the department  shall set  the initial                                                               
fee  rate for  the  first  two years  following  approval of  the                                                               
permit program  under this chapter  by the  federal administrator                                                               
on  the  basis of  dollars  per  ton  of assessable  emissions  -                                                               
because the time  frame referenced in that language  has come and                                                               
gone.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  Mr.   Crawford  to  do  further                                                               
research regarding the proposed repeal of AS 18.50.950(4).                                                                      
                                                                                                                                
MR. CRAWFORD agreed to do so.                                                                                                   
                                                                                                                                
2:28:55 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that SB 101  would be held over  for the                                                               
purpose of further reviewing the proposed changes.                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The House Judiciary  Standing Committee recessed at  2:29 p.m. to                                                               
a call of the chair.  [The meeting was never reconvened.]                                                                       

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