Legislature(1995 - 1996)
05/11/1995 04:26 PM Senate JUD
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* first hearing in first committee of referral
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SENATE JUDICIARY COMMITTEE
May 11, 1995
4:26 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Al Adams
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 48(JUD)
"An Act relating to motorcycle helmets."
CS FOR HOUSE BILL NO. 292(JUD)
"An Act relating to searches by peace officers who enforce fish and
game laws, to false statements and omissions in regard to
application for fish and game licenses, tags, and permits, and to
nonresident hunters."
PREVIOUS SENATE COMMITTEE ACTION
HB 48 - See Transportation minutes dated 5/2/95.
HB 292 - See Judiciary minutes dated 5/10/95.
WITNESS REGISTER
Representative Brice
Alaska State Capitol
Juneau, Alaska 99811
POSITION STATEMENT: Sponsor of HB 48
Mike Lessmeier
State Farm Insurance
One Sealaska Plaza #303
Juneau, Alaska 99801
POSITION STATEMENT: Supports HB 48
Representative Scott Ogan
Alaska State Capitol
Juneau, Alaska 99811-1182
POSITION STATEMENT: Sponsor of HB 292
ACTION NARRATIVE
TAPE 95-34, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the meeting to order at 4:26 p.m. The
first order of business was HB 48.
HB 48 MOTORCYCLE HELMET STANDARDS
REPRESENTATIVE BRICE, sponsor of the measure, clarifies current
state policy and brings statutes into conformance with current
enforcement policies.
MIKE LESSMEIER, representing State Farm Insurance Company,
commented State Farm is in favor of mandatory motorcycle helmet
laws. A 1992 study, published in the Journal of the American
Medical Association, indicates that statewide motorcycle fatalities
in California decreased by 37 1/2 percent the year after that state
adopted a mandatory motorcycle helmet law.
SENATOR TAYLOR noted mandating motorcyclists to wear helmets would
require a separate bill as the title of HB 48 is too narrow.
SENATOR ADAMS moved CSHB 48(JUD) out of committee with individual
recommendations. There being no objection, the motion carried.
HB 292 FISH & GAME ENFORCEMENT
REPRESENTATIVE SCOTT OGAN, sponsor of HB 292, discussed the
measure. HB 292 classifies knowingly making false statements and
omissions on hunting and fishing licenses, tags and permits as
class A misdemeanors. The making of false statements on the
applications is a widespread problem, that is costing the state a
lot of money. The Department of Public Safety supports HB 292.
SENATOR TAYLOR stated the exceptions provided for in Section 3
pertain to the affidavit that must be filed by a non-resident
hunter going on a guided hunt. If that affidavit is falsified,
that person can be charged with perjury, which is a class B felony.
If HB 292 is to pass, there will be three different standards. The
first applies to applicants who buy licenses without being asked
for identification by the agent, and who falsify information. The
penalty is $500. If the applicant makes an unsworn falsification,
the penalty is a class A misdemeanor. If the applicant is on a
guided hunt, and falsifies information, the penalty is a class B
felony.
REPRESENTATIVE OGAN commented he purchased a king salmon stamp at
a vendor last week. The vendor asked whether he was a resident,
but did not care to see his license, after he asked. The vendor
stated she did not care whether he was a resident or not. That
experience affirmed his belief in the need for this legislation.
Number 139
SENATOR TAYLOR explained, for the record, the Senate Judiciary
committee substitute deletes the first provision of the bill, with
the cooperation of the sponsor. The deleted section placed no
requirement on law enforcement officers to provide anything in
writing to properties searched without a warrant. He felt it was
important to retain the notification of the intent to search
provision because a written statement has to be made by the
searching officer so that the citizen knows why his/her property is
being searched. Because most of the searches would take place in
remote and isolated areas, it would not be too much of a burden for
the officer to provide a written statement justifying the search.
The search of premises and the privacy rights of citizens are too
important to jeopardize.
SENATOR TAYLOR announced a quorum was present. (Senator Adams had
left, and Senator Miller arrived.)
SENATOR GREEN moved to adopt the Senate Judiciary committee
substitute for HB 292 (Utermohle, 5/10/95). There being no
objection, the motion carried.
SENATOR TAYLOR announced there was an accompanying Senate
Concurrent Resolution to address the title change. SENATOR GREEN
moved the adoption of the Senate Concurrent Resolution (Utermohle
A). There being no objection, the motion carried.
SENATOR GREEN moved SCS CSHB 292 (JUD) and the SCR out of committee
with individual recommendations. There being no objection, the
motion carried.
SENATOR TAYLOR adjourned the meeting at 4:40 p.m.
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