Legislature(1993 - 1994)
05/03/1994 06:30 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
May 3, 1994
6:30 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator George Jacko
MEMBERS ABSENT
Senator Dave Donley
Senator Suzanne Little
COMMITTEE CALENDAR
CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN)
Proposing an amendment to the Constitution of the State of Alaska
relating to the rights of crime victims.
CS FOR HOUSE BILL NO. 195(FIN)
"An Act authorizing youth courts to provide for peer adjudication
of minors who have allegedly committed violations of state or
municipal laws, and renaming the community legal assistance grant
fund and amending the purposes for which grants may be made from
that fund in order to provide financial assistance for organization
and initial operation of youth courts."
CS FOR HOUSE BILL NO. 277(JUD)
"An Act relating to public employers defending and indemnifying
public employees and former public employees with respect to claims
arising out of conduct that is within the scope of employment."
HOUSE BILL NO. 403
"An Act requiring that automobile liability insurance include
coverage for uninsured or underinsured motor vehicles and an offer
of policy limits for that coverage equal to coverage voluntarily
purchased for bodily injury or death; and providing for an
effective date."
HOUSE BILL NO. 356
"An Act relating to living wills and do not resuscitate orders; and
providing for an effective date."
CS FOR HOUSE BILL NO. 417(JUD) am
"An Act relating to the possession of weapons within the grounds of
or on the parking lot of preschools, elementary, junior high, and
secondary schools or while participating in a school-sponsored
event; and relating to school lockers and other containers provided
in a public or private school by the school or the school
district."
HOUSE BILL NO. 439
"An Act enacting the Uniform Fraudulent Transfer Act."
HOUSE BILL NO. 122
"An Act eliminating a requirement that a court consider the
findings and recommendations of a neutral mediator when awarding
shared child custody."
PREVIOUS SENATE COMMITTEE ACTION
HJR 43 - See Judiciary minutes dated 11/16/93 and State Affairs
minutes dated 3/9/94, 3/21/94, 3/23/94, and 3/28/94.
Also see Judiciary minutes dated 4/26/94.
HB 195 - See Health, Education & Social Services minutes dated
2/23/94. See Judiciary minutes dated 3/28/94.
HB 277 - See State Affairs minutes dated 4/13/94. See Labor &
Commerce minutes dated 4/26/94 and 4/28/94. See
Judiciary minutes dated 4/30/94.
HB 403 - See Labor and Commerce minutes dated 4/12/94 and
4/14/94.
HB 356 - No previous action to record.
HB 417 - See State Affairs minutes dated 4/27/94.
HB 439 - See Labor & Commerce minutes dated 4/12/94.
HB 122 - See Health, Education & Social Services minutes dated
1/19/94.
WITNESS REGISTER
Howard Jaeger
Shattuck & Grummett Insurance
301 Seward St.
Juneau, AK 99801
POSITION STATEMENT: Testified in support of HB 403
Linda Hall
Anchorage, AK
Phone No. 561-1250
POSITION STATEMENT: Supports HB 403
Representative Cynthia Toohey
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Present to respond to questions on
HB 356
Patti Swenson, Staff to Representative Con Bunde
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 417
Jerry Kertz
Anchorage, AK
Phone No. 276-6100
POSITION STATEMENT: Supports HB 439
Ms. M. E. Beardsly
Anchorage, AK
Phone NO. 269-5213
POSITION STATEMENT: Supports HB 439
Chris Christensen, Legal Counsel
Alaska Court System
303 K St.
Anchorage, AK 99501-2084
POSITION STATEMENT: Offered information on HB 122
ACTION NARRATIVE
TAPE 94-45, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 6:30 p.m.
The first order of business to come before the committee was CSHJR
43(FIN) (RIGHTS OF CRIME VICTIMS; CRIMINAL ADMIN).
SENATOR JACKO moved that SCS CSHJR 43(JUD) be adopted. Hearing no
objection, the motion carried.
Number 015
SENATOR JACKO moved that SCS CSHJR 43(JUD) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
Number 020
SENATOR TAYLOR brought CSHB 195(FIN) (AUTHORIZING YOUTH COURTS)
before the committee as the next order of business.
SENATOR JACKO moved that SCS CSHB 195(JUD) be adopted. Hearing no
objection, the motion carried.
SENATOR JACKO moved that SCS CSHB 195(JUD) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
Number 028
The next order of business was CSHB 277(JUD) (INDEMNIFICATION OF
PUBLIC EMPLOYEES).
SENATOR JACKO moved that SCS CSHB 277(JUD) be adopted. Hearing no
objection, the motion carried.
SENATOR JACKO moved that SCS CSHB 277(JUD) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
SENATOR TAYLOR introduced HB 403 (AUTOMOTIVE LIABILITY INSURANCE
COVERAGE) as the next order of business.
HOWARD JAEGER, representing the Alaska Independent Insurance Agents
and Brokers, testifying in support of HB 403, said they have worked
hard on the legislation, feel it is a good bill and urge its
passage.
SENATOR TAYLOR noted that Linda Hall of Anchorage was standing by
to testify on the bill over the teleconference network. However,
he said the committee was ready to move the bill, and unless there
was objection to the legislation, he would entertain such a motion.
LINDA HALL of Anchorage stated her support for the legislation and
urged its passage from committee.
Number 043
SENATOR HALFORD moved that HB 403 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
SENATOR TAYLOR brought HB 356 (LIVING WILLS AND MEDICAL CARE
ORDERS) before the committee.
REPRESENTATIVE CYNTHIA TOOHEY, Co-Chairman of the House Health,
Education and Social Services Committee was present to respond to
questions. There being no questions on the legislation, SENATOR
TAYLOR asked for a motion to move HB 356.
SENATOR HALFORD moved that HB 356 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
The next item on the committee agenda was CSHB 417(JUD) am
(POSSESSION OF FIREARMS IN SCHOOL LOCKERS).
PATTI SWENSON, staff to Representative Con Bunde, explained the
legislation makes guns in school lockers illegal; it expands the
definition to make deadly weapons, defensive weapons and guns class
A misdemeanors; and it allows school officials to search school
lockers with posted notice.
SENATOR JACKO moved that CSHB 417(JUD) am be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
SENATOR TAYLOR brought HB 439 (UNIFORM FRAUDULENT TRANSFER ACT)
before the committee. He noted Jerry Kertz and Ms. M.E. Beardsly
of Anchorage were prepared to testify on the bill over the
teleconference network. However, both witnesses said they had
nothing to add other than to urge its passage out of committee.
SENATOR HALFORD moved and asked unanimous consent that HB 439 be
passed out of committee with individual recommendations. Hearing
no objection, it was so ordered.
Number 126
SENATOR TAYLOR brought HB 122 (CHILD CUSTODY PROCEDURES) before the he
committee as the final order of business.
CHRIS CHRISTENSEN, Legal Counsel, Alaska Court System, explained
that AS 25.20.090 provides a laundry list of factors that a judge
is supposed to consider when awarding shared custody of child. One
of those is the findings and recommendations of a neutral mediator.
However, the person drafting that statute confused mediation with
arbitration. Mediators are not supposed to make recommendations to
a judge, and HB 122 deletes that particular requirement from the
statute.
Mr. Christensen clarified that there can still be mediation in
child custody cases, however, the mediator just won't make a
recommendation to the judge.
SENATOR HALFORD moved that HB 122 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
There being no further business to come before the committee, the
meeting was adjourned at 6:40 p.m.
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