Legislature(2013 - 2014)

02/25/2013 02:04 PM JUD


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                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 25, 2013                                                                                        
                           2:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Bob Lynn, Vice Chair                                                                                             
Representative Neal Foster                                                                                                      
Representative Gabrielle LeDoux                                                                                                 
Representative Lance Pruitt                                                                                                     
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Charisse Millett                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 63                                                                                                               
"An Act extending the termination  date of the Board of Governors                                                               
of the  Alaska Bar  Association; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED HB 63 OUT OF COMMITTEE                                                                                             
                                                                                                                                
HOUSE BILL NO. 34                                                                                                               
"An Act making  state compliance with a  federal law, regulation,                                                               
or presidential executive order  contingent on receipt of certain                                                               
information from the federal government."                                                                                       
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 83                                                                                                               
"An  Act  relating  to  certain  federal  statutes,  regulations,                                                               
presidential executive  orders, and secretarial  orders; relating                                                               
to  the duties  of the  attorney  general; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 73                                                                                                               
"An Act  relating to the  commencement of actions for  felony sex                                                               
trafficking and  felony human trafficking; relating  to the crime                                                               
of sexual  assault; relating  to the  crime of  unlawful contact;                                                               
relating   to    forfeiture   for   certain    crimes   involving                                                               
prostitution; relating to  the time in which  to commence certain                                                               
prosecutions; relating  to release  for violation of  a condition                                                               
of  release  in  connection  with   a  crime  involving  domestic                                                               
violence; relating to interception  of private communications for                                                               
certain sex  trafficking or human trafficking  offenses; relating                                                               
to  use  of evidence  of  sexual  conduct concerning  victims  of                                                               
certain crimes;  relating to procedures for  granting immunity to                                                               
a witness in a criminal  proceeding; relating to consideration at                                                               
sentencing of  the effect of a  crime on the victim;  relating to                                                               
the time  to make an  application for  credit for time  served in                                                               
detention  in a  treatment  program or  while  in other  custody;                                                               
relating   to  suspending   imposition   of   sentence  for   sex                                                               
trafficking;  relating to  consecutive sentences  for convictions                                                               
of  certain  crimes  involving   child  pornography  or  indecent                                                               
materials to minors; relating to  the referral of sexual felonies                                                               
to a  three-judge panel;  relating to  the definition  of 'sexual                                                               
felony' for  sentencing and probation  for conviction  of certain                                                               
crimes;  relating to  the definition  of "sex  offense" regarding                                                               
sex  offender registration;  relating  to  protective orders  for                                                               
stalking and  sexual assault and  for a crime  involving domestic                                                               
violence;  relating  to  the  definition  of  'victim  counseling                                                               
centers'  for  disclosure  of certain  communications  concerning                                                               
sexual assault  or domestic violence; relating  to violent crimes                                                               
compensation;  relating  to   certain  information  in  retention                                                               
election of judges concerning sentencing  of persons convicted of                                                               
felonies; relating  to remission of sentences  for certain sexual                                                               
felony offenders; relating to the  subpoena power of the attorney                                                               
general  in  cases  involving  the use  of  an  Internet  service                                                               
account; relating  to reasonable efforts  in child-in-need-of-aid                                                               
cases  involving  sexual  abuse  or  sex  offender  registration;                                                               
relating  to mandatory  reporting  by athletic  coaches of  child                                                               
abuse or  neglect; making  conforming amendments;  amending Rules                                                               
16, 32.1(b)(1), and 32.2(a), Alaska  Rules of Criminal Procedure,                                                               
Rule  404(b), Alaska  Rules  of Evidence,  and  Rule 216,  Alaska                                                               
Rules  of Appellate  Procedure;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 63                                                                                                                   
SHORT TITLE: EXTEND BAR ASS'N BOARD OF GOVERNORS                                                                                
SPONSOR(S): REPRESENTATIVE(S) HAWKER                                                                                            
                                                                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        

01/16/13 (H) JUD, FIN 02/25/13 (H) JUD AT 1:00 PM CAPITOL 120 BILL: HB 34 SHORT TITLE: FEDERAL LAWS, REGULATIONS & EXEC. ORDERS SPONSOR(S): REPRESENTATIVE(S) T.WILSON

01/16/13 (H) PREFILE RELEASED 1/7/13

01/16/13 (H) READ THE FIRST TIME - REFERRALS

01/16/13 (H) JUD 02/25/13 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER REPRESENTATIVE MIKE HAWKER Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 63. HANNA SEBOLD, President Board of Governors Alaska Bar Association (ABA) Juneau, Alaska POSITION STATEMENT: Responded to a question during discussion of HB 63. STEPHEN J. VAN GOOR, Bar Counsel Alaska Bar Association (ABA) Anchorage, Alaska POSITION STATEMENT: Responded to questions during discussion of HB 63. THOMAS S. OBERMEYER, SR., Attorney at Law Anchorage, Alaska POSITION STATEMENT: Asked that HB 63 not be passed, thereby allowing the Board of Governors of the Alaska Bar Association (ABA) to sunset. REPRESENTATIVE TAMMIE WILSON Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 34. MIKE COONS Palmer, Alaska POSITION STATEMENT: Expressed support for the intent of HB 34, recommended changes to the bill, and urged the bill's passage. ACTION NARRATIVE 2:04:20 PM CHAIR WES KELLER called the House Judiciary Standing Committee meeting to order at 2:04 p.m. Representatives Keller, Lynn, Gruenberg, and Foster were present at the call to order. Representatives LeDoux and Pruitt arrived as the meeting was in progress. Representative Millett was excused. HB 63 - EXTEND BAR ASS'N BOARD OF GOVERNORS 2:05:17 PM CHAIR KELLER announced that the first order of business would be HOUSE BILL NO. 63, "An Act extending the termination date of the Board of Governors of the Alaska Bar Association; and providing for an effective date." 2:05:53 PM REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, sponsor, explained that HB 63 would extend the termination date of the Board of Governors of the Alaska Bar Association (ABA), currently scheduled to terminate June 30, 2013. The Division of Legislative Audit, having concluded an audit of the Board of Governors of the ABA and determined that it's operating in the public's interest and has complied with its duties and responsibilities to the public, recommends that the termination date be extended to June 30, 2021. He mentioned that the Division of Legislative Audit [has also determined that the Board of Governors should again recommend to the Alaska Supreme Court that it amend the Alaska Bar Rules so as to] increase the number of continuing legal education (CLE) credit hours that each ABA member be mandated to complete. REPRESENTATIVE GRUENBERG disclosed that he is a member of the ABA, and, remarking on the importance of mandatory CLE for ABA members, questioned whether something should be added to HB 63 regarding that recommendation. REPRESENTATIVE HAWKER expressed a preference for attaching a letter of intent, rather than amending the bill. REPRESENTATIVE GRUENBERG relayed that he would draft that letter of intent. 2:13:58 PM HANNA SEBOLD, President, Board of Governors, Alaska Bar Association (ABA), in response to comments and a question, indicated that the Board of Governors is willing to discuss with the Alaska Supreme Court the issue of increasing the number of mandatory CLE credit hours for ABA members. 2:14:22 PM STEPHEN J. VAN GOOR, Bar Counsel, Alaska Bar Association (ABA), indicated that such discussion would be occurring soon. 2:17:47 PM THOMAS S. OBERMEYER, SR., Attorney at Law - referring to a letter he'd written, included in members' packets, and mentioning that he's licensed to practice law in Missouri - offered his beliefs that there are many problems with the ABA, including a lack of uniform discipline and low bar-examination passage rates, that Alaska's bar-examination passage rates should be increased, and that Alaska's current passage rates have been kept low on purpose through manipulation. He opined, therefore, that HB 63 should not be passed, thereby allowing the Board of Governors of the Alaska Bar Association to terminate, in turn providing an opportunity to reevaluate Alaska's bar examination. He also indicated, though, that he has no objection to increasing mandatory CLE. In conclusion, he said, "I don't think this should be just another rubberstamp ... passage ... of a sunset date." MR. VAN GOOR, in response to comments and a question, indicated that the Board of Governors of the ABA is currently researching the issue of a uniform bar examination. CHAIR KELLER, ascertaining that no one else wished to testify, closed public testimony on HB 63, and pointed out that as currently written, the bill would only extend the termination date of the Board of Governors of the Alaska Bar Association. 2:28:28 PM REPRESENTATIVE LYNN moved to report HB 63 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 63 was reported from the House Judiciary Standing Committee. [Note to the reader: the aforementioned letter of intent for HB 63 was adopted by the committee on 2/27/13.] HB 34 - FEDERAL LAWS, REGULATIONS & EXEC. ORDERS 2:29:09 PM CHAIR KELLER announced that the final order of business would be HOUSE BILL NO. 34, "An Act making state compliance with a federal law, regulation, or presidential executive order contingent on receipt of certain information from the federal government." 2:29:52 PM REPRESENTATIVE LYNN moved to adopt the proposed committee substitute (CS) for HB 34, Version 28-LS0195\C, Nauman, 1/30/13, as the working document. There being no objection, Version C was before the committee. 2:30:20 PM REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, sponsor, explained that the original version of HB 34 would preclude the state from complying with a federal law, federal regulation, or presidential executive order until the federal government provides a written description telling the state how to comply with, and the economic effect on each community of complying with, the federal law, federal regulation, or presidential executive order. Version C of HB 34, in contrast, precludes the state from complying with a federal law, federal regulation, or presidential executive order until the state requests from the federal government a written description of the economic effect - on the state and on each community [and on industry] - of complying with the federal law, federal regulation, or presidential executive order; and precludes the state from accepting any associated federal funding until either the federal government or the state provides that written description. She indicated that the drafter recommended this change in approach, and mentioned that members' packets contain examples, as well as an indeterminate fiscal note submitted by the Office of Management & Budget (OMB). In conclusion, she said, "I believe every time we take any money from the federal government, we should know what strings are attached and ... how it's going to affect the communities that we all live in." CHAIR KELLER noted that language on page 2, lines [4-7], of Version C stipulates that the state may not accept the associated federal funding until the aforementioned written description is transmitted to the legislature. REPRESENTATIVE T. WILSON relayed that under Version C, the state would request the written description from the federal government, but if the federal government does not provide it within 90 days, then the state would provide it and transmit it to the legislature. She mentioned that under the bill, the legislature would not be determining whether to accept the associated federal funding; instead, the legislature would simply be informed before the administration accepts such funding. The committee took an at-ease from 2:37 p.m. to 2:39 p.m. REPRESENTATIVE T. WILSON, in response to a question, indicated that a new fiscal note from the OMB reflecting the changes incorporated in Version C would be forthcoming. 2:40:49 PM MIKE COONS, mentioning that he'd provided written testimony regarding the original version of HB 34, said he supports the intent of the bill though he believes that the bill itself does not yet go far enough. He suggested that Version C of HB 34 be changed: such that rather than merely requesting from the federal government a written description of the economic effect of the federal law, federal regulation, or presidential executive order, that the state instead demand that written description from the federal government; such that that written description include information about the constitutionality of the federal law, federal regulation, or presidential executive order; and such that it require the federal law, federal regulation, or presidential executive order to be fully funded by the federal government. In conclusion, Mr. Coons urged passage of HB 34. REPRESENTATIVE T. WILSON offered her understanding that such changes would violate the constitution. Due to teleconference-equipment malfunctions, the committee took an at-ease from 2:45 p.m. to 2:55 p.m. REPRESENTATIVE T. WILSON, in closing, relayed that HB 34 would ensure that [the legislature] is kept apprised of the potential economic effects of federal laws, federal regulations, and presidential executive orders, and reiterated that a new fiscal note from the OMB would be forthcoming. CHAIR KELLER relayed that HB 34 [Version C] would be held over. 2:56:24 PM ADJOURNMENT There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 2:56 p.m.

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