03/27/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB73 | |
| HB102 | |
| HB1 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 102 | TELECONFERENCED | |
| += | HB 73 | TELECONFERENCED | |
| += | SB 22 | TELECONFERENCED | |
| += | HB 1 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 140 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 27, 2013
1:33 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Neal Foster
Representative Gabrielle LeDoux
Representative Charisse Millett
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
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."
- MOVED CSHB 73(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 102
"An Act relating to property exemptions for retirement plans,
individual retirement accounts, and Roth IRAs; relating to
transfers of individual retirement plans; relating to the rights
of judgment creditors of members of limited liability companies
and partners of limited liability partnerships; relating to the
Uniform Probate Code, including pleadings, orders, liability,
and notices under the Uniform Probate Code and the Alaska
Principal and Income Act, the appointment of trust property, the
Alaska Uniform Prudent Investor Act, co-trustees, trust
protectors, and trust advisors; relating to the Alaska Principal
and Income Act; relating to the Alaska Uniform Transfers to
Minors Act; relating to the disposition of human remains;
relating to the tax on insurers for life insurance policies;
relating to insurable interests for certain insurance policies;
relating to restrictions on transfers of trust interests;
relating to discretionary interests in irrevocable trusts;
relating to the community property of married persons; and
amending Rule 64, Alaska Rules of Civil Procedure, and Rule
301(a), Alaska Rules of Evidence."
- MOVED CSHB 102(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 1
"An Act relating to issuance of drivers' licenses."
- MOVED CSHB 1(STA) OUT OF COMMITTEE
SENATE BILL NO. 22
"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
HOUSE BILL NO. 140
"An Act relating to the information that must be included with
certain notices provided for the proposed adoption, amendment,
or repeal of a regulation."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 73
SHORT TITLE: CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD, FIN
02/01/13 (H) JUD AT 1:00 PM CAPITOL 120
02/01/13 (H) Heard & Held
02/01/13 (H) MINUTE(JUD)
02/11/13 (H) JUD AT 1:00 PM CAPITOL 120
02/11/13 (H) Heard & Held
02/11/13 (H) MINUTE(JUD)
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Heard & Held
02/18/13 (H) MINUTE(JUD)
02/25/13 (H) JUD AT 1:00 PM CAPITOL 120
02/25/13 (H) Scheduled But Not Heard
03/22/13 (H) JUD AT 1:00 PM CAPITOL 120
03/22/13 (H) Heard & Held
03/22/13 (H) MINUTE(JUD)
03/25/13 (H) JUD AT 1:00 PM CAPITOL 120
03/25/13 (H) Heard & Held
03/25/13 (H) MINUTE(JUD)
03/27/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 102
SHORT TITLE: RETIREMENT PLANS; ROTH IRAS; PROBATE
SPONSOR(S): KELLER
02/01/13 (H) READ THE FIRST TIME - REFERRALS
02/01/13 (H) L&C, JUD
02/25/13 (H) L&C AT 3:15 PM BARNES 124
02/25/13 (H) Heard & Held
02/25/13 (H) MINUTE(L&C)
03/20/13 (H) L&C AT 3:45 PM BARNES 124
03/20/13 (H) Heard & Held
03/20/13 (H) MINUTE(L&C)
03/22/13 (H) JUD AT 1:00 PM CAPITOL 120
03/22/13 (H) <Bill Hearing Canceled>
03/25/13 (H) L&C AT 3:15 PM BARNES 124
03/25/13 (H) Moved CSHB 102(L&C) Out of Committee
03/25/13 (H) MINUTE(L&C)
03/27/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 1
SHORT TITLE: REQUIREMENTS FOR DRIVER'S LICENSE
SPONSOR(S): LYNN, HAWKER, CHENAULT, JOHNSON
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) STA, JUD
01/29/13 (H) STA AT 8:00 AM CAPITOL 106
01/29/13 (H) Moved CSHB 1(STA) Out of Committee
01/29/13 (H) MINUTE(STA)
01/30/13 (H) STA RPT CS(STA) 7DP
01/30/13 (H) DP: HUGHES, MILLETT, ISAACSON, KELLER,
GATTIS, KREISS-TOMKINS, LYNN
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Heard & Held
02/18/13 (H) MINUTE(JUD)
03/27/13 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
KATHLEEN STRASBAUGH, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency (LAA)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
proposed amendments to HB 73, Version U.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
proposed amendments to HB 73, Version U.
RON TAYLOR, Deputy Commissioner
Office of the Commissioner - Anchorage
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 73.
DAVID G. SHAFTEL, Attorney at Law
Anchorage, Alaska
POSITION STATEMENT: Presented HB 102 on behalf of the sponsor,
Representative Keller, and responded to questions.
DOUGLAS J. BLATTMACHR, President and CEO
Alaska Trust Company
Anchorage, Alaska
POSITION STATEMENT: Expressed his hope that the committee would
support HB 102.
BETHANN B. CHAPMAN, Attorney at Law
Faulkner Banfield, PC
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 102.
ERNEST PRAX, Staff
Representative Wes Keller
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 102, responded to
questions on behalf of the sponsor, Representative Keller.
FORREST WOLFE, Staff
Representative Bob Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 1, responded to a
question on behalf of Representative Lynn, one of the bill's
joint prime sponsors.
DEAN WAUSON
Eagle River, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 1.
JEFFREY A. MITTMAN, Executive Director
American Civil Liberties Union of Alaska (ACLU of Alaska)
Anchorage, Alaska
POSITION STATEMENT: Expressed concerns with HB 1, urged the
committee not to pass the bill, and responded to questions.
ERLING JOHANSEN, Assistant Attorney General
Labor and State Affairs Section
Civil Division (Anchorage)
Department of Law (DOL)
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 1.
ACTION NARRATIVE
1:33:54 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at [1:33] p.m. Representatives Keller,
Millett, Gruenberg, LeDoux, and Lynn were present at the call to
order. Representatives Pruitt and Foster arrived as the meeting
was in progress.
HB 73 - CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
1:34:26 PM
CHAIR KELLER [announced that the first order of business would
be] 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."
[Before the committee was the proposed committee substitute (CS)
for HB 73, Version 28-GH1587\U, Strasbaugh, 3/20/13, which was
adopted as the working document on 3/22/13, and amended on
3/25/13.]
1:35:29 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 4,
labeled 28-GH1587\U.7, Strasbaugh, 3/26/13, which read:
Page 2, line 7, following "felonies;":
Insert "relating to the rights of certain
victims of sexual assault, sexual abuse of a minor, or
incest to obtain legal and equitable remedies for
injuries arising from the conduct of a perpetrator;"
Page 15, following line 27:
Insert a new bill section to read:
"* Sec. 30. AS 25.23.180(i) is amended to read:
(i) Proceedings for the termination of parental
rights on the grounds set out in (c)(3) of this
section do not affect the rights of a victim of sexual
assault, sexual abuse of a minor, or incest to obtain
legal and equitable civil remedies for all injuries
and damages arising out of the perpetrator's conduct."
Renumber the following bill sections accordingly.
Page 22, line 18:
Delete "30"
Insert "31"
Page 22, line 29:
Delete "sec. 43"
Insert "sec. 44"
REPRESENTATIVE PRUITT objected.
REPRESENTATIVE GRUENBERG - referring to memorandums from
Legislative Legal and Research Services dated March 22, 2013,
and March 26, 2013, and to information included therein -
explained that currently, under the statutes addressing
adoption, one could have one's parental rights terminated on the
grounds that one perpetrated a crime of sexual assault or a
crime of sexual abuse of a minor on the other parent of the
child conceived by that illegal act. However, existing
AS 25.23.180(i), the statute stipulating that proceedings for
such termination of parental rights do not affect the rights of
the victim to obtain legal and equitable civil remedies from the
perpetrator - sometimes referred to as a "savings" [statute], he
remarked - does not yet apply to victims of the crimes of sexual
assault. Instead, that savings statute currently only applies
to victims of sexual abuse of a minor crimes and to victims of
incest crimes. Amendment 4 would address that gap by adding to
that savings statute a reference to the crimes of sexual
assault, so that it would then also apply to the victims of
those crimes. He noted that Section 2 of HB 73 is already
proposing other changes to Alaska's civil statutes, and asked
that Amendment 4 be adopted.
REPRESENTATIVE LEDOUX referred to Amendment 4 as appropriate and
a good idea, and expressed concern that a court could mistakenly
view the current gap in existing AS 25.23.180(i) as intentional.
CHAIR KELLER - mentioning that a Department of Law (DOL)
representative has called Amendment 4's proposed change a good
catch, and noting that it [includes] a title change - said he
supports Amendment 4.
1:40:29 PM
KATHLEEN STRASBAUGH, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), in response to comments and questions, offered her
belief that there is no fatal legal flaw with Amendment 4,
particularly given the court's tendency to be lenient when
interpreting Alaska's single-subject requirement for
legislation. She, too, noted that HB 73 is already proposing
other changes to [Alaska's civil statutes].
REPRESENTATIVE PRUITT removed his objection.
CHAIR KELLER ascertained that there were no further objections,
and announced that Amendment 4 was adopted.
1:41:52 PM
REPRESENTATIVE GRUENBERG [made a motion to adopt] Amendment 5,
labeled 28-GH1587\U.9, Strasbaugh, 3/26/13, which read:
Page 2, line 7, following "felonies;":
Insert "relating to the definition of sexual
assault for the purpose of adoption and the
termination of parental rights in certain
proceedings;"
Page 15, following line 27:
Insert a new bill section to read:
"* Sec. 30. AS 25.23.240(10) is amended to read:
(10) "sexual assault" means a sexual
offense defined in AS 11.41.410 - 11.41.427
[AS 11.41.410 OR 11.41.420];"
Renumber the following bill sections accordingly.
Page 22, line 18:
Delete "30"
Insert "31"
Page 22, line 29:
Delete "sec. 43"
Insert "sec. 44"
REPRESENTATIVE GRUENBERG explained that Amendment 5 would
address a gap in the provision defining what constitutes the
crime of sexual assault for purposes of AS 25.23 - Alaska's
adoption statutes. Currently, only the crimes of sexual assault
in the first degree and sexual assault in second degree are
included in that definition, whereas Amendment 5 would add to it
the crimes of sexual assault in the third degree and sexual
assault in the fourth degree, neither of which was in existence
when [the definition of the term, "sexual assault" was added to
AS 25.23].
REPRESENTATIVE PRUITT objected.
REPRESENTATIVE GRUENBERG - after paraphrasing AS 11.41.425 and
AS 11.41.427, outlining the crime of sexual assault in the third
degree and the crime of sexual assault in the fourth degree,
respectively - opined that all of the manifestations of the
crime of sexual assault in the third degree are serious offenses
and should therefore be grounds for the termination of one's
parental rights under AS 25.23.180 regarding a child thereby
conceived, and proffered that adding the crime of sexual assault
in the fourth degree, in addition to addressing instances
wherein pregnancy occurs through sexual contact, would also
address instances wherein the perpetrator has pled down to that
lesser degree of sexual assault crime, which involves serious
illegal conduct nonetheless.
MS. STRASBAUGH added that Amendment 5 includes a title change,
and that it would inform all of the provisions of AS 25.23
regarding what constitutes a sexual assault.
1:50:42 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), indicated
that the DOL favors Amendment 5's proposal to rectify the
aforementioned omission.
REPRESENTATIVE PRUITT removed his objection.
CHAIR KELLER ascertained that there were no further objections,
and announced that Amendment 5 was adopted.
REPRESENTATIVE GRUENBERG, referring to the discussion that
occurred during HB 73's last hearing regarding Alaska's
jurisdiction over matters related to the crime of human
trafficking in the first degree, expressed interest in
researching the issue of criminal jurisdiction as a whole during
the interim.
REPRESENTATIVES PRUITT and LEDOUX also expressed interest.
REPRESENTATIVE LYNN called HB 73 a good bill.
REPRESENTATIVE PRUITT - referring to HB 73's proposal, via
Version U's Sections 12 and 13, to provide the court with the
discretionary authority to order a person charged with a
stalking crime or charged with or convicted of a domestic
violence crime to participate in a monitoring program with a
global positioning device or similar technological means that
meet the guidelines for a monitoring program adopted by the
Department of Corrections (DOC) in consultation with the
Department of Public Safety (DPS) - asked what guidelines were
currently in place and which vendors currently meet those
guidelines.
1:56:22 PM
RON TAYLOR, Deputy Commissioner, Office of the Commissioner -
Anchorage, Department of Corrections (DOC), explained that the
DOC has not yet developed those guidelines but would be working
with the DPS to do so [when those provisions of HB 73 become
law], and mentioned the name of the company that currently
provides monitoring services for the DOC. In response to other
questions, he offered his understanding that other companies
could also provide such services to the DOC; explained that the
current provider went through the state's request for proposals
(RFP) process; and surmised that those provisions of the bill
won't apply to ignition interlock devices.
CHAIR KELLER said he is not yet comfortable with all of the
provisions of HB 73.
REPRESENTATIVE LYNN said he thinks HB 73 is a very good bill
overall.
MS. CARPENETI, in response to a question, indicated that [the
DOL] is comfortable with the changes made thus far to HB 73.
2:02:20 PM
REPRESENTATIVE LYNN moved to report the proposed committee
substitute (CS) for HB 73, Version 28-GH1587\U, Strasbaugh,
3/20/13, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 73(JUD) was reported from the House Judiciary
Standing Committee.
The committee took an at-ease from 2:03 p.m. to 2:06 p.m.
HB 102 - RETIREMENT PLANS; ROTH IRAS; PROBATE
2:06:54 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 102, "An Act relating to property exemptions for
retirement plans, individual retirement accounts, and Roth IRAs;
relating to transfers of individual retirement plans; relating
to the rights of judgment creditors of members of limited
liability companies and partners of limited liability
partnerships; relating to the Uniform Probate Code, including
pleadings, orders, liability, and notices under the Uniform
Probate Code and the Alaska Principal and Income Act, the
appointment of trust property, the Alaska Uniform Prudent
Investor Act, co-trustees, trust protectors, and trust advisors;
relating to the Alaska Principal and Income Act; relating to the
Alaska Uniform Transfers to Minors Act; relating to the
disposition of human remains; relating to the tax on insurers
for life insurance policies; relating to insurable interests for
certain insurance policies; relating to restrictions on
transfers of trust interests; relating to discretionary
interests in irrevocable trusts; relating to the community
property of married persons; and amending Rule 64, Alaska Rules
of Civil Procedure, and Rule 301(a), Alaska Rules of Evidence."
[Before the committee was CSHB 102(L&C).]
CHAIR KELLER, as the sponsor of HB 102, indicated that the
committee has considered a past iteration of the bill, and that
he is comfortable with the changes incorporated into
CSHB 102(L&C).
2:08:35 PM
DAVID G. SHAFTEL, Attorney at Law - presenting HB 102 on behalf
of the sponsor, Representative Keller - noted that he is part of
a group of attorneys and trust officers that periodically
recommends improvements to Alaska's trust and estate statutes,
and characterized HB 102 as an excellent bill that would provide
updates to Alaska's trust and estate laws, including some of the
uniform Acts adopted by Alaska. He explained that HB 102 would
update the Alaska Principal and Income Act with regard to
allocating principal and income, in order to address regulatory
changes made by the Internal Revenue Service (IRS); would amend
the [Alaska Uniform Transfers to Minors Act] to allow for the
extension [of a custodian's term] for the benefit of the minor;
would provide statutory changes related to retirement accounts
so that the interests of beneficiaries are protected; would
allow for the transfer of individual retirement accounts (IRAs)
to trusts for tax-planning purposes; would clarify that life
insurance [policies] can be held in a life insurance trust,
which can be used to protect the proceeds and exempt them from
federal estate taxes; would establish statutory provisions
pertaining to the disposition of human remains, in order to
address situations wherein arguments arise regarding such
disposition; would update the [Alaska Community Property Act];
and - following what New York has already done - would improve
the statutes pertaining to modifying a trust so that problems
with a trust can be cured. He ventured that it was probably
merely a lack of time that resulted in the past iteration of the
bill not being enacted during the previous legislature.
MR. SHAFTEL, in response to questions, explained that current
law already prohibits a person from taking out a life insurance
policy on someone whom he/she doesn't have an insurable interest
in, and that HB 102 would not change that. He noted that a
national organization representing insurance companies has
already reviewed and approved the bill.
2:18:26 PM
DOUGLAS J. BLATTMACHR, President and CEO, Alaska Trust Company,
said his company supports HB 102, and thinks it would be good
for both Alaska and Alaskans, and would bring more jobs and
revenue to the state. In conclusion, he shared his company's
hope that the committee would support the bill.
2:18:59 PM
BETHANN B. CHAPMAN, Attorney at Law, Faulkner Banfield, PC, said
simply that she supports HB 102.
CHAIR KELLER, in response to questions, noted that the previous
committee of referral had inserted a "sunset" clause, and
offered his understanding that all the interested parties were
satisfied with the changes made by that previous committee.
2:21:43 PM
ERNEST PRAX, Staff, Representative Wes Keller, Alaska State
Legislature, on behalf of the sponsor of HB 102, Representative
Keller, added that that sunset clause of five years pertains to
Section 37's proposed change to AS 21.09.210(m) - which, under
CSHB 102(L&C), clarifies the tax treatment of life insurance
policies [being issued for delivery to life insurance trusts]
formed under or governed by Alaska law - and addresses concerns
that as changed by Section 37, proposed AS 21.09.210(m) might
result in a reduction in state tax revenue.
2:24:25 PM
REPRESENTATIVE LYNN moved to report CSHB 102(L&C) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 102(L&C) was
reported from the House Judiciary Standing Committee.
The committee took an at-ease from 2:25 p.m. to 2:27 p.m.
HB 1 - REQUIREMENTS FOR DRIVER'S LICENSE
2:27:57 PM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 1, "An Act relating to issuance of drivers'
licenses." [Before the committee was CSHB 1(STA).]
REPRESENTATIVE LYNN, as one of the joint prime sponsors of HB 1,
explained that HB 1 would allow the Division of Motor Vehicles
(DMV) to issue a foreign person a driver's license for a period
of less than five years if he/she is authorized to stay in the
United States for less than five years or indefinitely, and
provides that the foreign person, for a period of up to five
years after such a driver's license is first issued, would be
able to renew it without fee, though if the length of authorized
stay is indefinite, the license shall have to be renewed yearly.
When the period of authorized stay is not indefinite, the
license shall be valid only for the period of authorized stay.
REPRESENTATIVE LYNN offered his understanding that a visa is
what is used to determine the length of a person's authorized
stay in the U.S., and that similar legislation has been adopted
in 36 other states and the District of Columbia.
2:30:17 PM
FORREST WOLFE, Staff, Representative Bob Lynn, Alaska State
Legislature, on behalf of Representative Lynn, one of the joint
prime sponsors of HB 1, in response to a question, confirmed
that the previous committee of referral removed language that
would have allowed a license with a duration of less than five
years to be renewed by mail. He explained that this change was
made at the request of the DMV.
2:31:30 PM
DEAN WAUSON - mentioning that he enforces federal immigration
law, and referring to an e-mail included in members' packets -
offered his belief that HB 1 would neither change the process
currently undertaken by the DMV when issuing driver's licenses,
nor increase costs, and opined that foreign persons whose
authorized stay in Alaska is less than 90 days don't have any
reason to get an Alaska driver's license. He acknowledged,
however, that in instances where a foreign person's
documentation doesn't reflect how long he/she is authorized to
be in the U.S., DMV personnel would have to contact the federal
government for that information. In conclusion, he opined that
HB 1 would discourage foreign persons from coming to Alaska to
obtain driver's licenses.
2:43:15 PM
JEFFREY A. MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU of Alaska), after mentioning that the ACLU
of Alaska's written testimony regarding HB 1 is included in
members' packets, pointed out that immigration is a complex
issue that is reserved solely to the federal government, and
warned that significant preemption issues could therefore arise
should HB 1 become law, particularly given that the DMV doesn't
have the necessary training, expertise, or authority to address
immigration issues. The purpose of the DMV is to assess whether
individuals are qualified to drive on Alaska's roads and to
issue driver's licenses to those who are, not to research myriad
complicated immigration statuses. Furthermore, passage of HB 1
could also result in litigation based on a lack of equal
protection, because under federal law, immigrants are a suspect
class with specific protections, and HB 1 would burden
immigrants in Alaska with different licensing requirements that
do nothing to make the roads safer - in other words, there is no
nexus between being qualified to drive in Alaska, and being
authorized to stay in the country. In conclusion, he
characterized HB 1 as unnecessary, noted that it is not closely
tailored to any legitimate state interest, and urged the
committee not to pass it.
MR. MITTMAN, in response to a question - relaying that he would
conduct further research of case law pertaining to similar
legislation and provide it to the committee in addition to the
case-law information already included in the ACLU of Alaska's
written testimony - offered his understanding that the trend in
other states has been to allow for even greater leniency towards
ensuring that anyone who is on a state's roads is a safe driver;
in other words, other states recognize that the general course
and better practice is for their motor vehicle division to focus
on ensuring the safety of individuals who would be driving, not
getting involved in immigration issues it has no expertize in or
jurisdiction over.
2:49:49 PM
ERLING JOHANSEN, Assistant Attorney General, Labor and State
Affairs Section, Civil Division (Anchorage), Department of Law
(DOL), noting that in a letter he'd provided the committee dated
January 28, 2013, he'd relayed that he didn't see any basis for
a constitutional challenge of HB 1, opined that the bill isn't
proposing a preemption of federal authority. Foreign persons
coming to the DMV for a driver's license would have already
obtained from the federal government any necessary documents
regarding their authorized stay, and DMV personnel already
consider a variety of documents on a regular basis. He said he
doesn't envision HB 1 raising either equal protection issues or
due process issues, and ventured that because it's the federal
government that decides who is authorized to stay in the country
and for how long, not DMV personnel, HB 1 is neutral with regard
to treating people equally, though under it the period of a
particular license's validity would vary. His research, he
relayed, indicates that other states have laws similar to that
proposed by HB 1.
MR. JOHANSEN noted that on a different point - that of being
issued a license, rather than that of being issued a license of
lesser duration - the Iowa Supreme Court, in Sanchez v. State
692 N.W.2d 812 (Iowa 2005), held that the state's driver's
licensing requirement that either a social security number or
federal documents authorizing a foreign national's presence in
the country be provided, was rationally related to the
legitimate state interest of not allowing the state's
governmental machinery to facilitate the concealment of illegal
aliens, and did not therefore violate Iowa's constitution or
federal equal-protection rights. In conclusion, he reiterated
his view that HB 1 wouldn't raise any equal protection issues.
In response to a question, Mr. Johansen indicated that he'd not
found any recent court cases addressing legislation similar to
HB 1.
MR. MITTMAN, in response to questions and comments, said that
the court cases he'd cited in the ACLU of Alaska's written
testimony generally address federal consideration of state laws
that impact "on immigration areas." Regardless that the courts
have held that it is permissible for a state to have laws
restricting the issuance of driver's licenses to just those who
are present in the country legally, HB 1 is proposing something
significantly different, something that would impact the rights
of foreign persons who are in the country legally. In Torao
Takahashi v. Fish & Game Commission 334 U.S. 410, 420 (1948),
for example, the U.S. Supreme Court ruled that a state cannot
adopt a classification that prevents lawfully-admitted aliens
from earning a living in the same way that other state
inhabitants earn their living. It is clear from such case law,
he opined, that it is impermissible - by setting up a different
standard that imposes a special condition - to differentially
burden someone who is lawfully present in the country.
MR. MITTMAN, in response to further questions and comments,
asserted that what must be considered is the jurisprudence that
assesses the rights of those who are legally present in the
country - the suspect classification of legally-present
immigrants - because the courts are aware that there can be
discriminatory laws passed against immigrants; in other words,
there is already a significant body of case law that looks at
differential burdens on such persons' rights. In Hines v.
Davidowitz, 312 U.S. 52, 59-60 (1941), for example, the U.S.
Supreme Court invalidated a Pennsylvania requirement that
legally-present immigrants must obtain an identification (ID)
card every year [that then had to be shown in order to obtain a
driver's license or register a vehicle]. With cases such as
Takahashi and Hines, though they do not specifically address
laws such as that being proposed by HB 1, what must be
considered is, what [was the court's] constitutional analysis
with regard to state laws that impact immigrants.
REPRESENTATIVE LYNN, in response to a question, reiterated his
belief that similar legislation has been adopted in 36 other
states and the District of Columbia, and offered his
understanding that none of those laws have been challenged.
REPRESENTATIVE GRUENBERG, in response to comments, offered his
belief that not enough research regarding the legislation in
those [other jurisdictions] has been conducted yet, particularly
with regard to any constitutional issues they raise.
3:07:09 PM
REPRESENTATIVE PRUITT moved to report CSHB 1(STA) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 1(STA) was
reported from the House Judiciary Standing Committee.
3:07:47 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:07 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 140 Letter of Support-Wasilla Area Seniors.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 140 |
| HB 140 Letter of Support-AK Municipal League.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 140 |
| HB102 Sponsor Statement.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB 102 ver. U Sectional Analysis.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| CSHB 102 ver U.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB102 Summary of Changes ver A to U.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 3/20/2013 3:45:00 PM |
HB 102 |
| HB102 ver A.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Fiscal Note-DOA-DRB-2-22-13.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Fiscal Note-LAW-CIV-02-22-13.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Fiscal Note-DOR-TRS-02-22-13.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Fiscal Note-DCCED-DOI-02-22-13.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Supporting Documents-Leg Legal Memo 1-29-2013.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Supporting Documents-Contracts Clause Issue.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB 102 Supporting Documents Single Subject Rule.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Documents-Letter Hompesch & Evans.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Documents-Letter Alaska Bankers Association.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Document--Northrim Bank Letter of Support.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Document-Letter Wells Fargo.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Document-Letter AK Trust Company.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Document- Letter Alaska USA.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB102 Supporting Documents-American Bar Association All About Trusts.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |