03/29/2010 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB297 | |
| HB319 | |
| SB63 | |
| SJR28 | |
| SB292 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 292 | TELECONFERENCED | |
| += | HB 101 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 63 | ||
| = | SJR 28 | ||
| = | SB 297 | ||
| = | HB 319 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 29, 2010
2:21 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Dennis Egan
Senator Lesil McGuire
Senator John Coghill
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION
Violent Crimes Compensation Board
Nora G. Barlow
- CONFIRMATION ADVANCED
SENATE BILL NO. 297
"An Act providing for the release of property in the custody of
a law enforcement agency to the owner under certain conditions."
- MOVED CSSB 297(JUD) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 319(FIN)
"An Act relating to firearms; and providing for an effective
date."
- MOVED CSHB 319(FIN) OUT OF COMMITTEE
SENATE BILL NO. 63
"An Act relating to transfer restrictions on trust interests."
- MOVED CSSB 63(JUD) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 28
Relating to the Ecumenical Patriarchate and religious rights.
- HEARD AND HELD
SENATE BILL NO. 292
"An Act relating to the registration and operation of
pawnbrokers and to the exemption for pawnbrokers under the
Alaska Small Loans Act; and providing for an effective date."
- HEARD AND HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 101(JUD)
"An Act exempting the full value of life insurance and annuity
contracts from levy to satisfy a debt, and amending the
description of earnings, income, cash, and other assets relating
to garnishment of life insurance proceeds payable upon the death
of an insured."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 297
SHORT TITLE: RETURN OF SEIZED PROPERTY
SPONSOR(s): SENATOR(s) DYSON
02/24/10 (S) READ THE FIRST TIME - REFERRALS
02/24/10 (S) JUD, FIN
03/17/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/10 (S) Heard & Held
03/17/10 (S) MINUTE(JUD)
BILL: HB 319
SHORT TITLE: FIREARMS
SPONSOR(s): REPRESENTATIVE(s) HAWKER
01/29/10 (H) READ THE FIRST TIME - REFERRALS
01/29/10 (H) JUD, FIN
02/10/10 (H) JUD AT 1:00 PM CAPITOL 120
02/10/10 (H) Moved CSHB 319(JUD) Out of Committee
02/10/10 (H) MINUTE(JUD)
02/12/10 (H) JUD RPT CS(JUD) 4DP 2NR
02/12/10 (H) DP: LYNN, DAHLSTROM, GATTO, RAMRAS
02/12/10 (H) NR: GRUENBERG, HERRON
02/16/10 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/16/10 (H) Moved CSHB 319(FIN) Out of Committee
02/16/10 (H) MINUTE(FIN)
02/19/10 (H) FIN RPT CS(FIN) NT 7DP
02/19/10 (H) DP: KELLY, THOMAS, DOOGAN, AUSTERMAN,
FAIRCLOUGH, STOLTZE, HAWKER
02/24/10 (H) TRANSMITTED TO (S)
02/24/10 (H) VERSION: CSHB 319(FIN)
02/26/10 (S) READ THE FIRST TIME - REFERRALS
02/26/10 (S) JUD, FIN
03/22/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/22/10 (S) Heard & Held
03/22/10 (S) MINUTE(JUD)
03/24/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/24/10 (S) Heard & Held
03/24/10 (S) MINUTE(JUD)
BILL: SB 63
SHORT TITLE: TRANSFER RESTRICTIONS ON TRUSTS
SPONSOR(s): SENATOR(s) MCGUIRE
01/21/09 (S) PREFILE RELEASED 1/16/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) STA, JUD, FIN
02/04/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
02/04/10 (S) Heard & Held
02/04/10 (S) MINUTE(STA)
03/11/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
03/11/10 (S) Moved CSSB 63(STA) Out of Committee
03/11/10 (S) MINUTE(STA)
03/12/10 (S) STA RPT CS 2DP 3NR SAME TITLE
03/12/10 (S) DP: MENARD, MEYER
03/12/10 (S) NR: FRENCH, PASKVAN, KOOKESH
03/24/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/24/10 (S) Heard & Held
03/24/10 (S) MINUTE(JUD)
BILL: SJR 28
SHORT TITLE: ECUMENICAL PATRIARCHATE OF TURKEY
SPONSOR(s): SENATOR(s) MEYER
02/18/10 (S) READ THE FIRST TIME - REFERRALS
02/18/10 (S) JUD
03/26/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/26/10 (S) -- MEETING CANCELED --
BILL: SB 292
SHORT TITLE: PAWNBROKERS
SPONSOR(s): SENATOR(s) HUGGINS
02/24/10 (S) READ THE FIRST TIME - REFERRALS
02/24/10 (S) L&C, JUD
03/18/10 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/18/10 (S) Moved CSSB 292(L&C) Out of Committee
03/18/10 (S) MINUTE(L&C)
03/22/10 (S) L&C RPT CS 3DP NEW TITLE
03/22/10 (S) DP: PASKVAN, DAVIS, BUNDE
03/22/10 (S) FIN REFERRAL ADDED
03/29/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
NORA G. BARLOW, Appointee
Violent Crimes Compensation Board (VCCB),
POSITION STATEMENT: Testified as appointee to the Violent
Crimes Compensation Board.
SENATOR KEVIN MEYER
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SJR 28.
VERY REVEREND ARCHPRIEST MICHAEL JAMES OLEKSA, Pastor
St. Alexis Orthodox Church and
Chancellor of the Orthodox Diocese of Alaska
Anchorage, AK
POSITION STATEMENT: Testified in support of SJR 28.
FATHER LEO SCHEFE, Pastor and Priest
Holy Transfiguration Greek Orthodox Church
Anchorage, AK
POSITION STATEMENT: Testified in support of SJR 28.
SOPHIA JANE ZABO, representing herself
POSITION STATEMENT: Testified in support of SJR 28.
JOSH TEMPEL, Staff
to Senator Huggins
POSITION STATEMENT: Introduced SB 292 on behalf of the sponsor.
FERNANDO PENNIA, Government Affairs Director
Cash America
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 292.
ACTION NARRATIVE
2:21:54 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1: p.m. Senators McGuire, Egan and
French were present at the call to order. Senators Wielechowski
and Coghill arrived soon thereafter.
CONFIRMATION
CHAIR FRENCH announced the first order of business would be a
confirmation hearing for Nora Barlow to the Violent Crimes
Compensation Board. He disclosed that Ms. Barlow is his neighbor
and they are friendly.
2:23:01 PM
NORA G. BARLOW, Appointee, Violent Crimes Compensation Board
(VCCB), relayed that her interest in serving on the VCCB stems
from the rewarding work she did in California addressing CINA
(child in need of aid) cases. Upon returning to Alaska she
worked as an assistant attorney general in the Office of Special
Prosecutions and Appeals, addressing cases involving victims of
sexual assault. This seemed to dovetail nicely with the work she
had done in California. She said that because she had a growing
family she moved on work in civil litigation, but she has always
felt that her earlier work was most rewarding as a lawyer. She
opined that she would be an appropriate choice for the VCCB
attorney position because she believes that you do your best job
when you're doing something about which you feel strongly. This
would be rewarding community service.
CHAIR FRENCH thanked her for stepping forward.
2:24:55 PM
Senator Wielechowski and Senator Coghill joined the committee.
CHAIR FRENCH found no questions and solicited a motion.
SENATOR WIELECHOWSKI moved to report the name Nora G. Barlow
from committee to the full body for consideration and a vote.
CHAIR FRENCH stated that in accordance with AS 35.05.080 the
Judiciary Committee has reviewed the following and recommends
the appointment be forwarded to a joint session for
consideration, Nora Barlow - Violent Crimes Compensation Board.
This does not reflect an intent by any of the members to vote
for or against the confirmation of the individual during any
further sessions. There being no objection, the motion passed.
SB 297-RETURN OF SEIZED PROPERTY
2:26:04 PM
CHAIR FRENCH announced the consideration of SB 297. He noted the
proposed committee substitute (CS).
SENATOR WIELECHOWSKI moved to adopt the proposed CS for SB 297,
labeled 26-LS1536\E, as the working document.
CHAIR FRENCH objected for discussion purposes.
SENATOR DYSON, sponsor of SB 297, said the CS clarifies three
things at the request of the Department of Law:
1) Page 1, line 9, clarifies that "interested parties"
identified in version R, includes the prosecution,
defense and other interested parties.
2) Page 2, lines 1-2 adds the language "or another
interested party", to address those situations where a
third is claiming an ownership and possessory interest
in the property.
3) Page 2, line 3, replaces the word "receiving" in version
R, with "claiming". This clarifies that the person
making the request for return of property may not
receive the property from the court.
SENATOR DYSON referenced the letters of support in the packet
and noted that the Office of Victims' Rights said DOL endorsed
the bill. Although DOL doesn't oppose the bill, it's an
overstatement to say they endorsed it.
2:27:59 PM
SENATOR WIELECHOWSKI questioned whether this meshes with other
laws that require law enforcement to retain property - DNA
evidence in particular.
SENATOR DYSON explained that the bill aims to return valuable or
beneficial property to victims of property crimes. The goal is
to make the victims whole as quickly as possible without
compromising the prosecution.
CHAIR FRENCH noted that the gist of that is captured on page 2,
lines 1-2. The law enforcement agency can always step up and say
it has to retain the property, which would help the court make a
decision.
SENATOR DYSON added that he anticipates that a judge might tell
the property owner that he or she can't sell the property until
the case is settled.
CHAIR FRENCH removed his objection and version E was before the
committee.
2:29:47 PM
SENATOR MCGUIRE moved to report CS for SB 297 from committee
with individual recommendations and attached fiscal note(s).
There being no objection, CSSB 297(JUD) moved from the Senate
Judiciary Standing Committee.
HB 319-FIREARMS
2:30:09 PM
CHAIR FRENCH announced the consideration of HB 319. It was heard
previously. [CSHB 319(FIN) was before the committee.
REPRESENTATIVE HAWKER, sponsor of HB 319, was available to
answer questions.
CHAIR FRENCH noted that there had been a question about the
likelihood of an ethics complaint as a result of a failure to
complete the requirements set forth in statute. The answer was
"a firm and resounding no," which satisfies me, he said.
2:30:53 PM
SENATOR MCGUIRE moved to report HB 319 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, CSHB 319(FIN) moved from the Senate
Judiciary Standing Committee.
REPRESENTATIVE HAWKER stated that it's been a pleasure working
with Cindy Smith, judiciary committee aide, on the bill. She
"has been most incredibly responsive and of great assistance to
us," he said.
SB 63-TRANSFER RESTRICTIONS ON TRUSTS
2:31:55 PM
CHAIR FRENCH announced the consideration of SB 63. It was heard
previously and public testimony was taken. [Committee substitute
26-LS0317\P was adopted as the working document on 3/24/10.]
SENATOR MCGUIRE moved to report CS for SB 63 from committee with
individual recommendations and attached zero fiscal note(s).
There being no objection, CSSB 63(JUD) moved from the Senate
Judiciary Standing Committee.
At ease from 2:32 p.m. to 2:33 p.m.
SJR 28-ECUMENICAL PATRIARCHATE OF TURKEY
2:34:03 PM
CHAIR FRENCH announced the consideration of SJR 28.
SENATOR KEVIN MEYER, Sponsor of SJR 28, related that a friend
who is active in the Greek Orthodox Church in Anchorage brought
the issue of religious freedom for the Ecumenical Patriarchate
in Turkey to his attention. To date, 25 state legislatures have
adopted resolutions similar to SJR 28, which is half way to the
goal.
SENATOR MEYER explained that the Ecumenical Patriarchate of
Turkey is the spiritual leader of Orthodox Christians in the
world just as the Pope in Rome is the spiritual leader of Roman
Catholics worldwide. Unfortunately, the government of Turkey has
been intolerant of the Ecumenical Patriarchate. It has seized
church property, closed their school, and prevented the Orthodox
Christian Church from selecting eligible bishops by requiring
them to have Turkish citizenship. SJR 28 urges the U.S., the
European Union, and the United Nations to encourage the
government of Turkey to end its discrimination and pledge to
uphold and safeguard religious rights without compromise.
SENATOR MEYER related that the Ecumenical Patriarchate is the
spiritual home to about six million Orthodox Christians in the
U.S. and about 300 million worldwide. Alaskan Orthodox
Christians have a strong relationship with the Ecumenical
Patriarchate through their Russian Orthodox bishops who arrived
here in 1794. There are about 95 Russian Orthodox churches in
Alaska and about 20,000 members. The Anchorage Greek Orthodox
Church was established in 1958 and now has 200 members.
2:37:00 PM
VERY REVEREND ARCHPRIEST MICHAEL JAMES OLEKSA, Pastor, St.
Alexis Orthodox Church in Anchorage and Chancellor of the
Orthodox Diocese of Alaska - a diocese of the Territorial Church
of North America, which is comprised of churches in the U.S.,
Canada, and Mexico, explained that the Orthodox faith is the
oldest Christian tradition in the world and the oldest in Alaska
having arrived here from Russia after 1741. The oldest parish in
Alaska dates from 1784 and the first clergy arrived from Finland
in 1794. The Orthodox Church has eight Alaskan saints and it
recognizes Alaska as the most Orthodox-affiliated state in the
nation with nearly 100 parishes and 50 clergy. 43 of its clergy
are Native Alaskans so it is also the largest Native Alaskan
religious organization in the state.
REVERAND OLEKSA related that the Ecumenical Patriarchate was in
Istanbul over 1,100 years before the Ottoman Empire was founded.
His function worldwide is to preside and convene at
international gatherings of Orthodox bishops. This wasn't
possible during the Cold War when most Orthodox Christians were
behind the Iron Curtain and being persecuted. In fact, the
Orthodox faith was persecuted with perhaps more violence than
any religion in world history. The national constitution of the
Soviet Union didn't require religious tolerance and the U.S.
government didn't speak up. Different today is the fact that the
Turkish government is applying for EU membership and is a NATO
ally. As a NATO ally, the U.S. is obliged to call upon the
Turkish government to honor its international treaty obligations
and the religious liberties guaranteed by the Turkish
Constitution.
2:41:26 PM
CHAIR FRENCH said he was impressed to read that following the
9/11 terrorist attacks, the Ecumenical Patriarch Bartholomew
gathered international leaders and released the first statement
signed by Muslim leaders condemning the attacks as anti-
religious.
REVERAND OLEKSA responded he has been instrumental in bringing
people with diverse religious and world views together to
discuss world problems.
2:43:13 PM
FATHER LEO SCHEFE, Pastor and Priest, Holy Transfiguration Greek
Orthodox Church, related that he was the on-duty priest in the
area where the Turkish government closed the school. He spoke
with many Turkish citizens who are Orthodox Christians about the
persecution they face on a day-to-day basis. People lose their
jobs because of their religion and their property is
confiscated. An educator who is also a tour guide showed him
where uprisings against Orthodox Christians have taken place. It
was disheartening to see, he said.
FATHER SCHEFE said that because of the Turkish requirement of
citizenship and military service, the Ecumenical Patriarchate
could cease to be. This is disturbing and virtually unthinkable
to all who are Orthodox worldwide. Alaska, as the most Orthodox
state in the Union, should do all it can to encourage the
government of Turkey to respect religious rights and recognize
the universal importance of the Ecumenical Patriarchate.
2:47:28 PM
SOPHIA JANE ZABO, representing herself, said that as an Orthodox
Christian and American she is asking the Legislature to pass SJR
28 in support of the Ecumenical Patriarchate and religious
rights in Turkey. Religious freedom should be celebrated not
just in Turkey, but everywhere, she said. In conclusion she
quoted Ecumenical Patriarch Bartholomew:
Every ecosystem on this planet is like a nation. The
estuary is not the tundra, nor is the savannah the
desert. But like every culture, every ecosystem will
have an effect that goes far beyond its boundaries.
And when we understand that every ecosystem is part of
the singular ecosphere that is inhabited by every
living breath filling the world, then do we grasp the
interconnectedness, the powerful communion of all
life, and our true interdependency on one another.
CHAIR FRENCH closed public testimony and announced he would hold
SJR 28 in committee.
SENATOR COGHILL expressed a desire to hear whether or not the
Governor had taken a position on the resolution, if the State
Department had been involved, and the impact that resolutions
from other states might have had.
2:51:15 PM
CHAIR FRENCH responded the bill sponsor will have an opportunity
to bring that information at the next hearing. He set SJR 28
aside.
SB 292-PAWNBROKERS
2:51:56 PM
CHAIR FRENCH announced the consideration of SB 292.
JOSH TEMPEL, Staff, to Senator Huggins, sponsor, said SB 292
would create a statewide standard for regulating pawnbrokers.
Basically, it will codify what good pawnshops are already doing
thereby providing Alaska consumers and businesses with further
protection. This effort started four years ago and has generated
a lot of interest.
MR. TEMPEL explained that pawnshops loan money on items that a
person brings in and leaves as collateral. The person redeems
their collateral item by paying off the loan plus a little
interest. The bill establishes that pawnbrokers would be
licensed under the Department of Commerce, Community and
Economic Development and it places a few restricts on pawnbroker
transactions. For example, a pawnbroker may not enter a
pawnbroker transaction with a person who is 1) under age 18; 2)
under the influence of alcohol or a controlled substance; 3)
without proper identification; and 4) pawning stolen property.
Furthermore, pawnbrokers would be required to maintain a written
or electronic log of each transaction for a period of one year
after the transaction is complete. The pawnbroker must give the
pledgor a receipt for the item and a copy of the transaction
agreement.
SB 292 places restrictions on the interest and fees that a
pawnbroker may charge and requires pawnbrokers to safely store
any items used as collateral. It also offers guidelines for
people who aren't able to repay their loan in the appropriate
amount of time including a 30-day grace period. If a service
member pawns an item and then deploys, the interest on the item
is frozen until the service member returns. At that time the
original agreement becomes active.
MR. TEMPEL said the bill requires that employees of pawnshops
are of good character and it offers guidelines to both police
and property owners when they find stolen property in a
pawnshop. Pawnbrokers are required to conduct a weekly inventory
and report to local law enforcement agencies. Pawnbrokers may be
disciplined if they don't adhere to these requirements.
MR. TEMPEL reiterated that good pawnbrokers already do these
things. The bill has support and it's good for consumers and
businesses in Alaska.
2:56:47 PM
SENATOR WIELECHOWSKI observed that page 1, line 14, removes
current language about a person lending money on secondhand
articles.
MR. TEMPEL explained that the bill aims to exclusively regulate
pawnbrokers so pawnbrokers will no longer be associated with
regulations for secondhand stores and used bookstores.
SENATOR WIELECHOWSKI questioned the impact of this proposed
change.
MR. TEMPEL replied the bill has no impact on individuals who
deal in secondhand articles; it relates specifically to
pawnbrokers He offered to provide information on the separate
regulations governing secondhand stores.
2:58:16 PM
SENATOR WIELECHOWSKI said he'd appreciate that information. He
then asked the impact of removing the phrase "and the electronic
record" from page 2, lines 14-15.
MR. TEMPEL replied it cleans up the language; both the
electronic record and the book in which entries are made are
addressed later in the statute.
SENATOR WIELECHOWSKI asked if there would still be a requirement
to record entries electronically.
MR. TEMPEL replied that's correct; the bill adds sections to
separately regulate pawnbrokers, starting with the new Sec.
08.76.100.
CHAIR FRENCH said he'd like to take public testimony today and
Mr. Tempel would be asked to return to give an in-depth analysis
of the provisions at a future hearing.
3:00:06 PM
FERNANDO PENNIA, Government Affairs Director, Cash America, said
he is pleased to speak in support of SB 292. This bill will
provide a regulatory framework for the operation of pawnshops in
Alaska, five of which are operated by Cash America in Anchorage.
Alaska is the only state that does not have comprehensive,
statewide regulation of pawnshops. The bill addresses this
deficit and will provide protection for consumers and
businesses. SB 292 is proactive and seeks to protect pawnshop
owners and their customers who are currently vulnerable to
unforeseen circumstances that could affect the industry.
CHAIR FRENCH closed public testimony and held SB 292 in
committee.
3:03:37 PM
There being no further business to come before the committee,
Chair French adjourned the meeting at 3:03 p.m.
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