03/16/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB306 | |
| HB410 | |
| HB326 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 410 | TELECONFERENCED | |
| + | HB 326 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 306 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 16, 2006
9:27 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 306
"An Act requiring an employing unit with a change in ownership,
management, or control or similar change to notify the
Department of Labor and Workforce Development of the change;
relating to the unemployment contribution rate of an employing
unit; defining 'business' for purposes of statutes setting
unemployment contribution rates; establishing the crime of
obtaining an unemployment rate by deception; and providing for
an effective date."
MOVED SB 306 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 410(JUD)
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
MOVED CSHB 410(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 326(JUD) am
"An Act relating to the definition of the crime of harassment."
MOVED SCS CSHB 326(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 306
SHORT TITLE: UNEMPLOYMENT INSURANCE FUND & TAXES
SPONSOR(s): LABOR & COMMERCE
02/23/06 (S) READ THE FIRST TIME - REFERRALS
02/23/06 (S) L&C JUD
03/02/06 (S) L&C AT 2:00 PM BELTZ 211
03/02/06 (S) -- Meeting Canceled --
03/07/06 (S) L&C AT 1:30 PM BELTZ 211
03/07/06 (S) Moved SB 306 Out of Committee
03/07/06 (S) MINUTE(L&C)
03/09/06 (S) L&C RPT 3DP
03/09/06 (S) DP: BUNDE, DAVIS, STEVENS B
03/15/06 (S) JUD AT 8:30 AM BUTROVICH 205
03/15/06 (S) Heard & Held
03/15/06 (S) MINUTE(JUD)
BILL: HB 410
SHORT TITLE: REVISOR'S BILL
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL
01/30/06 (H) READ THE FIRST TIME - REFERRALS
01/30/06 (H) JUD
02/22/06 (H) JUD AT 2:30 PM CAPITOL 120
02/22/06 (H) Moved CSHB 410(JUD) Out of Committee
02/22/06 (H) MINUTE(JUD)
02/24/06 (H) JUD RPT CS(JUD) 4DP
02/24/06 (H) DP: COGHILL, ANDERSON, GRUENBERG,
MCGUIRE
03/01/06 (H) TRANSMITTED TO (S)
03/01/06 (H) VERSION: CSHB 410(JUD)
03/03/06 (S) READ THE FIRST TIME - REFERRALS
03/03/06 (S) JUD
03/16/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 326
SHORT TITLE: USE OF LEWD MATERIAL AS HARASSMENT
SPONSOR(s): REPRESENTATIVE(s) MEYER, LYNN
01/09/06 (H) PREFILE RELEASED 12/30/05
01/09/06 (H) READ THE FIRST TIME - REFERRALS
01/09/06 (H) JUD, FIN
01/18/06 (H) JUD AT 1:00 PM CAPITOL 120
01/18/06 (H) Moved CSHB 326(JUD) Out of Committee
01/18/06 (H) MINUTE(JUD)
01/26/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/26/06 (H) <Bill Hearing Postponed>
01/27/06 (H) JUD AT 1:00 PM CAPITOL 120
01/27/06 (H) Moved New CSHB 326(JUD) Out of
Committee
01/27/06 (H) MINUTE(JUD)
01/30/06 (H) JUD RPT CS(JUD) NT 4DP 1AM
01/30/06 (H) DP: GRUENBERG, WILSON, COGHILL,
MCGUIRE;
01/30/06 (H) AM: ANDERSON
01/31/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/31/06 (H) Moved CSHB 326(JUD) Out of Committee
01/31/06 (H) MINUTE(FIN)
02/01/06 (H) FIN RPT CS(JUD) NT 4DP 3NR
02/01/06 (H) DP: FOSTER, MOSES, KERTTULA, MEYER;
02/01/06 (H) NR: WEYHRAUCH, STOLTZE, HAWKER
02/22/06 (H) TRANSMITTED TO (S)
02/22/06 (H) VERSION: CSHB 326(JUD) AM
02/23/06 (S) READ THE FIRST TIME - REFERRALS
02/23/06 (S) JUD, FIN
03/16/06 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Jane Alberts, Legislative Aide
Staff to Senator Con Bunde
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 306
Paula Scavera, Special Assistant
Department of Labor & Workforce Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Commented on SB 306
Pamela Finley, Attorney
Legal Services Staff
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented and answered questions on HB 410
Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 326
Mike Pawlowski, Legislative Aide
Staff to Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 326
Heather Brakes, Legislative Aide
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 326
Annie Carpeneti, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on HB 326
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 9:27:43 AM. Present were Senators
Hollis French, Charlie Huggins, Gene Therriault, and Chair Ralph
Seekins.
SB 306-UNEMPLOYMENT INSURANCE FUND & TAXES
9:28:49 AM
CHAIR RALPH SEEKINS announced SB 306 to be up for consideration.
He noted there was no one signed up to testify and so he closed
public testimony.
SENATOR HOLLIS FRENCH asked whether there was any formal
opposition to the bill.
JANE ALBERTS, staff to Senator Con Bunde, said the bill was
brought forward on the behalf of the Department of Labor and
Workforce Development and they have not heard any opposition.
9:30:44 AM
PAULA SCAVERA, Special Assistant, Alaska Department of Labor and
Workforce Development (DOLWD) testified that her department
supports the bill. Knowing that Senator Guess has questions
regarding the bill, she contacted her office and requested her
to let them know if she had concerns. They have not heard from
her.
SENATOR GENE THERRIAULT moved SB 306 from committee with
individual recommendations and attached zero fiscal notes.
Hearing no objections, the motion carried.
HB 410-REVISOR'S BILL
9:32:26 AM
CHAIR RALPH SEEKINS announced HB 410 to be up for consideration.
PAMELA FINLEY, Revisor, Legal Services, introduced HB 410 and
explained to the committee that the bill was required by statute
for the purpose of clean up errors in the statute when the
policy has been decided and is clear. The source of the
revisions is their own review, suggestions from the Executive
Branch and members of the public. She offered to answer
questions.
SENATOR GENE THERRIAULT asked the reason for Sections 27 and 29
of the bill.
MS. FINLEY said the statute was renumbered to keep the
references to money in the same provisions.
SENATOR THERRIAULT asked what would happen if the change wasn't
made.
MS. FINLEY said the court would construe it to read as it reads.
She said it should be cleared up so that wouldn't be necessary.
9:34:16 AM
SENATOR THERRIAULT asked Ms. Finley her criteria for evaluating
the difference between pure clean up and substantive change.
MS. FINLEY explained, for example, Section 17 on page 6
established a division of worker's compensation because SB 130
created the division and kept talking about the director but it
was never established in statute. She said the only thing she
didn't know was who would appoint the director and so she used
the standard procedure of the commissioner appointing the
director. That was an example of a substantive change.
9:36:37 AM
SENATOR THERRIAULT moved CSHB 410(JUD) from committee with
individual recommendations. Hearing no objections, the motion
carried.
HB 326-USE OF LEWD MATERIAL AS HARASSMENT
9:40:02 AM
CHAIR RALPH SEEKINS announced HB 326 to be up for consideration.
SENATOR GRETCHEN GUESS joined the committee.
REPRESENTATIVE KEVIN MEYER introduced HB 326. The bill would add
the posting, publishing or distribution of lewd and obscene
pictures into the current definition of harassment. The
definition in current statute is limited to obscene electronic
communication. The conduct prohibited by HB 326 is limited to
lewd and obscene because of the fine line between freedom of
expression and an individual's right to be free from harassment.
The current harassment definition has been challenged and has
held up and so it appears it is a solid statute.
9:43:02 AM
SENATOR GENE THERRIAULT asked the reason for no immediate
effective date.
REPRESENTATIVE MEYER said there was no reason.
MIKE PAWLOWSKI, staff to Representative Meyer, said it had not
been previously brought up and that the sponsor had no objection
over an immediate effective date.
SENATOR THERRIAULT asked whether that would trigger a title
change.
HEATHER BRAKES, staff to Senator Therriault, said she questioned
the drafters about that and they indicated adding an immediate
effective date would not trigger a title change resolution since
it would be a technical change.
9:45:20 AM
SENATOR THERRIAULT moved Amendment 1. Add an immediate effective
date.
ANNIE CARPENETI, Assistant Attorney General, Department of Law
(DOL), said the DOL had no objection to the bill.
Hearing no objections, Amendment 1 was adopted.
SENATOR THERRIAULT asked Ms. Carpeneti whether the committee
needed to add a statement saying the effective date would be
applicable to crimes that were committed after.
MS. CARPENETI said criminal statutes do apply perspectively so
it would probably not be necessary.
CHAIR SEEKINS asked the definition of "sexual act."
MS. CARPENETI responded it was defined in AS 11.41.470 (6) as
"sexual contact or sexual penetration."
9:47:31 AM
SENATOR FRENCH said this kind of harassment is seen often in
domestic violence. He asked Representative Meyer for
clarification of whom the bill would be targeting.
REPRESENTATIVE MEYER said the intent was to cover the person who
was being harassed. Sending emails is already covered in
statute. It is intended to cover incidences of people producing
lewd pictures of somebody that they wish to annoy.
9:50:06 AM
CHAIR SEEKINS noted he read AS 11.61.120(a)(4) as vague.
SENATOR FRENCH clarified that the intent would have to be to
annoy or harass the person.
CHAIR SEEKINS said it wouldn't necessarily be connected to any
threat of physical injury or sexual contact.
SENATOR FRENCH said even an anonymous phone call could be
harassment if the intent is to harass.
9:53:45 AM
CHAIR SEEKINS asked Ms. Carpeneti whether the DOL supported the
bill.
MS. CARPENETI responded in affirmation.
CHAIR SEEKINS closed public testimony.
SENATOR CHARLIE HUGGINS moved SCS CSHB 326(JUD) from committee
with individual recommendations and attached fiscal notes.
Hearing no objections, the motion carried.
9:54:22 AM brief recess 9:57:48 AM
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 9:58:00 AM.
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