Legislature(2015 - 2016)GRUENBERG 120

04/16/2016 10:00 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 4:00 p.m. Today --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SJR 2 CONST. AM: G.O. BONDS FOR STUDENT LOANS TELECONFERENCED
Moved SJR 2 Out of Committee
+= SB 121 SECURITY FREEZE ON CERTAIN CREDIT REPORTS TELECONFERENCED
Moved CSSB 121(JUD) Out of Committee
+= SB 123 USE OF ELECTRONIC DEVICES WHILE DRIVING TELECONFERENCED
Moved CSSB 123(JUD) Out of Committee
                   FALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 16, 2016                                                                                         
                           10:10 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Wes Keller, Vice Chair                                                                                           
Representative Bob Lynn                                                                                                         
Representative Neal Foster                                                                                                      
Representative Matt Claman                                                                                                      
Representative Jonathan Kreiss-Tomkins                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Charisse Millett                                                                                                 
Representative Kurt Olson (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 123(JUD)                                                                                                 
"An Act relating to the bail forfeiture schedule and the penalty                                                                
for the use of electronic devices while driving; and providing                                                                  
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED CSSB 123(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR SENATE BILL NO. 121(JUD)                                                                                                 
"An Act relating to a security freeze on the consumer credit                                                                    
report of a minor, incapacitated person, or protected person."                                                                  
                                                                                                                                
     - MOVED CSSB 121(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE JOINT RESOLUTION NO. 2                                                                                                   
Proposing an amendment to the Constitution of the State of                                                                      
Alaska relating to contracting state debt for postsecondary                                                                     
student loans.                                                                                                                  
                                                                                                                                
     - MOVED SJR 2 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 123                                                                                                                  
SHORT TITLE: USE OF ELECTRONIC DEVICES WHILE DRIVING                                                                            
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
01/19/16       (S)       PREFILE RELEASED 1/8/16                                                                                
01/19/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (S)       STA, JUD                                                                                               
02/13/16       (S)       STA AT 10:00 AM BUTROVICH 205                                                                          
02/13/16       (S)       Heard & Held                                                                                           
02/13/16       (S)       MINUTE (STA)                                                                                           
02/16/16       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/16/16       (S)       Moved SB 123 Out of Committee                                                                          
02/16/16       (S)       MINUTE (STA)                                                                                           
02/17/16       (S)       STA RPT 3DP 2NR                                                                                        
02/17/16       (S)       DP: COGHILL, HUGGINS, MCGUIRE                                                                          
02/17/16       (S)       NR: STOLTZE, WIELECHOWSKI                                                                              
02/22/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/22/16       (S)       Heard & Held                                                                                           
02/22/16       (S)       MINUTE (JUD)                                                                                           
02/24/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/24/16       (S)       Moved CSSB 123(JUD) Out of Committee                                                                   
02/24/16       (S)       MINUTE (JUD)                                                                                           
02/26/16       (S)       JUD RPT CS 3DP NEW TITLE                                                                               
02/26/16       (S)       DP: MCGUIRE, COGHILL, COSTELLO                                                                         
03/16/16       (S)       TRANSMITTED TO (H)                                                                                     
03/16/16       (S)       VERSION: CSSB 123(JUD)                                                                                 
03/18/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/18/16       (H)       STA, JUD                                                                                               
04/07/16       (H)       STA RPT 6DP 1NR                                                                                        
04/07/16       (H)       DP:    SPOHNHOLZ,   STUTES,    TALERICO,                                                               
                         VAZQUEZ, KREISS-TOMKINS, LYNN                                                                          
04/07/16       (H)       NR: KELLER                                                                                             
04/07/16       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
04/07/16       (H)       Moved CSSB 123(JUD) Out of Committee                                                                   
04/07/16       (H)       MINUTE (STA)                                                                                           
04/13/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/13/16       (H)       Heard & Held                                                                                           
04/13/16       (H)       MINUTE (JUD)                                                                                           
04/16/16       (H)       JUD AT 10:00 AM GRUENBERG 120                                                                          
                                                                                                                                
BILL: SB 121                                                                                                                  
SHORT TITLE: SECURITY FREEZE ON CERTAIN CREDIT REPORTS                                                                          
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
01/19/16       (S)       PREFILE RELEASED 1/8/16                                                                                
01/19/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (S)       L&C, JUD                                                                                               
01/26/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/26/16       (S)       Heard & Held                                                                                           
01/26/16       (S)       MINUTE (L&C)                                                                                           
01/28/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/28/16       (S)       Moved SB 121 Out of Committee                                                                          
01/28/16       (S)       MINUTE (L&C)                                                                                           
01/29/16       (S)       L&C RPT 4DP                                                                                            
01/29/16       (S)       DP: COSTELLO, GIESSEL, MEYER, ELLIS                                                                    
02/08/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/08/16       (S)       Heard & Held                                                                                           
02/08/16       (S)       MINUTE (JUD)                                                                                           
02/17/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/17/16       (S)       Moved CSSB 121(JUD) Out of Committee                                                                   
02/17/16       (S)       MINUTE (JUD)                                                                                           
02/19/16       (S)       JUD RPT CS 3DP NEW TITLE                                                                               
02/19/16       (S)       DP: MCGUIRE, COGHILL, WIELECHOWSKI                                                                     
03/02/16       (S)       TRANSMITTED TO (H)                                                                                     
03/02/16       (S)       VERSION: CSSB 121(JUD)                                                                                 
03/04/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/04/16       (H)       L&C, JUD                                                                                               
04/08/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/08/16       (H)       Moved CSSB 121(JUD) Out of Committee                                                                   
04/08/16       (H)       MINUTE (L&C)                                                                                           
04/09/16       (H)       L&C RPT 3DP 3NR                                                                                        
04/09/16       (H)       DP: HUGHES, COLVER, OLSON                                                                              
04/09/16       (H)       NR: LEDOUX, TILTON, JOSEPHSON                                                                          
04/13/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/13/16       (H)       Heard & Held                                                                                           
04/13/16       (H)       MINUTE (JUD)                                                                                           
04/16/16       (H)       JUD AT 10:00 AM GRUENBERG 120                                                                          
                                                                                                                                
BILL: SJR 2                                                                                                                   
SHORT TITLE: CONST. AM: G.O. BONDS FOR STUDENT LOANS                                                                            
SPONSOR(s): SENATOR(s) MACKINNON                                                                                                
                                                                                                                                
01/21/15       (S)       PREFILE RELEASED 1/9/15                                                                                
01/21/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (S)       STA, EDC, FIN                                                                                          
02/10/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/10/15       (S)       Moved SJR 2 Out of Committee                                                                           
02/10/15       (S)       MINUTE (STA)                                                                                           
02/11/15       (S)       STA RPT 3DP 2NR                                                                                        
02/11/15       (S)       DP: COGHILL, MCGUIRE, WIELECHOWSKI                                                                     
02/11/15       (S)       NR: STOLTZE, HUGGINS                                                                                   
02/24/15       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
02/24/15       (S)       Heard & Held                                                                                           
02/24/15       (S)       MINUTE (EDC)                                                                                           
03/12/15       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
03/12/15       (S)       Moved SJR 2 Out of Committee                                                                           
03/12/15       (S)       MINUTE (EDC)                                                                                           
03/13/15       (S)       EDC RPT 3DP 1NR                                                                                        
03/13/15       (S)       DP: DUNLEAVY, STEVENS, HUGGINS                                                                         
03/13/15       (S)       NR: GARDNER                                                                                            
03/26/15       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/26/15       (S)       Heard & Held                                                                                           
03/26/15       (S)       MINUTE (FIN)                                                                                           
04/09/15       (S)       FIN AT 1:30 PM SENATE FINANCE 532                                                                      
04/09/15       (S)       Moved SJR 2 Out of Committee                                                                           
04/09/15       (S)       MINUTE (FIN)                                                                                           
04/10/15       (S)       FIN RPT 3DP 3NR                                                                                        
04/10/15       (S)       DP: MACKINNON, BISHOP, HOFFMAN                                                                         
04/10/15       (S)       NR: KELLY, DUNLEAVY, OLSON                                                                             
04/13/15       (S)       TRANSMITTED TO (H)                                                                                     
04/13/15       (S)       VERSION: SJR 2                                                                                         
04/13/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/13/15       (H)       EDC, JUD, FIN                                                                                          
03/23/16       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
03/23/16       (H)       Heard & Held                                                                                           
03/23/16       (H)       MINUTE (EDC)                                                                                           
03/30/16       (H)       EDC RPT 2DP 5NR                                                                                        
03/30/16       (H)       DP: TALERICO, SEATON                                                                                   
03/30/16       (H)       NR:    VAZQUEZ,     DRUMMOND,    COLVER,                                                               
                         SPOHNHOLZ, KELLER                                                                                      
03/30/16       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
03/30/16       (H)       Moved SJR 2 Out of Committee                                                                           
03/30/16       (H)       MINUTE (EDC)                                                                                           
04/13/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/13/16       (H)       Heard & Held                                                                                           
04/13/16       (H)       MINUTE (JUD)                                                                                           
04/16/16       (H)       JUD AT 10:00 AM GRUENBERG 120                                                                          
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
EDRA MORLEDGE, Staff                                                                                                            
Senator Kevin Meyer                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of SB 123, offered                                                                    
testimony.                                                                                                                      
                                                                                                                                
EDRA MORLEDGE, Staff                                                                                                            
Senator Kevin Meyer                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of SB 121, offered                                                                    
testimony and answered questions.                                                                                               
                                                                                                                                
KRISTIN PRATT, Staff                                                                                                            
Senator Anna MacKinnon                                                                                                          
Alaska State Legislature, Juneau, Alaska                                                                                        
POSITION  STATEMENT:   Presented  SJR  2,  on behalf  of  Senator                                                             
MacKinnon, prime sponsor.                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:10:32 AM                                                                                                                   
                                                                                                                                
CHAIR  GABRIELLE  LEDOUX  called  the  House  Judiciary  Standing                                                             
Committee meeting  to order at  10:10 a.m.  Representatives Lynn,                                                               
Claman, Kreiss-Tomkins,  and LeDoux were  present at the  call to                                                               
order.                                                                                                                          
                                                                                                                                
         SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING                                                                     
                                                                                                                                
10:11:21 AM                                                                                                                   
                                                                                                                                
CHAIR LEDOUX announced that the  first order of business would be                                                               
CS FOR  SENATE BILL NO.  123(JUD), "An  Act relating to  the bail                                                               
forfeiture schedule  and the  penalty for  the use  of electronic                                                               
devices while driving; and providing for an effective date."                                                                    
                                                                                                                                
10:11:29 AM                                                                                                                   
                                                                                                                                
EDRA  MORLEDGE,   Staff,  Senator   Kevin  Meyer,   Alaska  State                                                               
Legislature,  explained  that  SB  123 reduces  the  penalty  for                                                               
texting  and  driving  from  a  class A  misdemeanor  to  a  $500                                                               
violation.                                                                                                                      
                                                                                                                                
10:12:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  CSSB  123,  Version  29-                                                               
LS1198\E  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There being no  objection, CSSB                                                               
123(JUD) passed out of the House Judiciary Standing Committee.                                                                  
                                                                                                                                
10:12:45 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 10:12 to 10:14 a.m.                                                                          
                                                                                                                                
                                                                                                                                
        SB 121-SECURITY FREEZE ON CERTAIN CREDIT REPORTS                                                                    
                                                                                                                                
10:14:21 AM                                                                                                                   
                                                                                                                                
CHAIR LEDOUX announced  that the next order of  business would be                                                               
CS FOR SENATE  BILL NO. 121(JUD), "An Act relating  to a security                                                               
freeze on  the consumer credit  report of a  minor, incapacitated                                                               
person, or protected person."                                                                                                   
                                                                                                                                
10:14:29 AM                                                                                                                   
                                                                                                                                
EDRA  MORLEDGE,   Staff,  Senator   Kevin  Meyer,   Alaska  State                                                               
Legislature,  explained  the bill  allows  a  person to  place  a                                                               
security  freeze  on a  credit  report,  on  behalf of  a  minor,                                                               
incapacitated  person,  or protected  person.    In the  event  a                                                               
credit report is not in  existence, the credit bureau is required                                                               
to generate one to place the freeze.                                                                                            
                                                                                                                                
10:15:04 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CLAMAN  advised that his office  recently received                                                               
a  letter  from the  Consumer  Data  Industry Association  (CDIA)                                                               
raising questions that  had not previously been  discussed in the                                                               
prior  committee hearing.   He  related that  this bill  has good                                                               
intentions and  asked whether the  bill could be held  until this                                                               
afternoon so  the members had  a chance  to look at  the concerns                                                               
raised in the letter.                                                                                                           
                                                                                                                                
[SB 121 was held over.]                                                                                                         
                                                                                                                                
         SJR 2-CONST. AM: G.O. BONDS FOR STUDENT LOANS                                                                      
                                                                                                                                
10:17:01 AM                                                                                                                   
                                                                                                                                
CHAIR LEDOUX announced  that the next order of  business would be                                                               
SENATE  JOINT RESOLUTION  NO. 2,  Proposing an  amendment to  the                                                               
Constitution  of  the State  of  Alaska  relating to  contracting                                                               
state debt for postsecondary student loans.                                                                                     
                                                                                                                                
10:17:12 AM                                                                                                                   
                                                                                                                                
KRISTIN PRATT, Staff, Senator Anna  MacKinnon, explained that SJR                                                               
2  is  a  constitutional  amendment permitting  the  issuance  of                                                               
general   obligation   bonds   for   the   purpose   of   funding                                                               
postsecondary student loans.                                                                                                    
                                                                                                                                
10:17:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN  moved to report SJR  2, Version 29-LS0010\W,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.   There being no objection,  SJR 2 was                                                               
passed from the House Judiciary Standing Committee.                                                                             
                                                                                                                                
10:18:34 AM                                                                                                                   
                                                                                                                                
CHAIR  LEDOUX  advised  the House  Judiciary  Standing  Committee                                                               
meeting was recessed at 10:18 a.m. to a call of the chair.                                                                      
                                                                                                                                
                                                                                                                                
4:07:40 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  called  the  House  Judiciary  Standing  Committee                                                               
meeting back to  order from the 10:18 a.m. call  of the chair, at                                                               
4:07  p.m.     Representatives  Claman,  Kreiss-Tomkins,  Foster,                                                               
Keller, and LeDoux were present at the call to order.                                                                           
                                                                                                                                
        SB 121-SECURITY FREEZE ON CERTAIN CREDIT REPORTS                                                                    
                                                                                                                                
4:08:15 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  returned the  committee  to  CSSB 121,  and  asked                                                               
whether the committee had questions.                                                                                            
                                                                                                                                
REPRESENTATIVE  CLAMAN referred  to the  letter he  received from                                                               
Consumer Data  Industry Association  (CDIA) and its  concern that                                                               
the  term "record"  is not  defined in  the bill,  and asked  her                                                               
thoughts on that concern.                                                                                                       
                                                                                                                                
4:08:57 PM                                                                                                                    
                                                                                                                                
MS. MORLEDGE responded  this is the first  document the sponsor's                                                               
office has received  noting any concern about the  bill since its                                                               
introduction in  January.  She said  she was unaware there  was a                                                               
concern with  that terminology, and  the "term record  was pretty                                                               
interchangeable  with credit  report"  as far  as establishing  a                                                               
credit  file, a  credit  record,  for the  purpose  of placing  a                                                               
credit freeze.  The sponsor  is agreeable to the committee adding                                                               
the definition of record.                                                                                                       
                                                                                                                                
4:09:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  offered another option to  delete the word                                                               
"record"  and   make  specific  reference  to   "consumer  credit                                                               
report."                                                                                                                        
                                                                                                                                
4:10:07 PM                                                                                                                    
                                                                                                                                
MS. MORLEDGE agreed.                                                                                                            
                                                                                                                                
REPRESENTATIVE  CLAMAN  related  that  he  is  not  proposing  an                                                               
amendment today, because  he does not want to hold  up passage of                                                               
the bill.   Possibly, Senator  Meyer's office  and Representative                                                               
Claman's office  could work together  and he  could, potentially,                                                               
propose   an   amendment  on   the   floor   of  the   House   of                                                               
Representatives.                                                                                                                
                                                                                                                                
4:10:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved to  report  CSSB  121, Version  29-                                                               
LS1129\E, out  of committee  with individual  recommendations and                                                               
the accompanying  fiscal notes.   There being no  objection, CSSB                                                               
121(JUD) passed from the House Judiciary Standing Committee.                                                                    
                                                                                                                                
4:10:59 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 4:10 p.m.                                                                 

Document Name Date/Time Subjects
SB 121 - Letter of Opposition - Consumer Data Industry Association.pdf HJUD 4/16/2016 10:00:00 AM
SB 121
SB121 Supporting Documents-Legal Memo 4.14.16.pdf HJUD 4/16/2016 10:00:00 AM
SB 121