Legislature(1993 - 1994)
04/25/1994 04:30 PM JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE April 25, 1994 4:30 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator George Jacko Senator Dave Donley Senator Suzanne Little MEMBERS ABSENT All members present COMMITTEE CALENDAR SENATE BILL NO. 237 "An Act relating to offenses involving delivery of firearms to minors and to offenses involving possession of dangerous instruments, including firearms, by minors." CS FOR HOUSE BILL NO. 362(HES) am "An Act relating to the statute of limitations for actions brought upon a child support judgment; and establishing the crime of aiding the nonpayment of child support." CS FOR HOUSE BILL NO. 410(STA) "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers." CS FOR HOUSE BILL NO. 367(JUD) am "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." CSHB 79(FIN) am (DAMAGE TO PROPERTY BY MINORS) was scheduled, but not taken up this date. SB 315 (EDUCATION FOR EXCEPTIONAL CHILDREN) was scheduled, but not taken up this date. PREVIOUS SENATE COMMITTEE ACTION SB 237 - See State Affairs minutes dated 2/9/94, 2/11/94, 2/16/94, and 2/23/94. HB 362 - No previous action to record. HB 410 - See Judiciary minutes dated 4/23/94. HB 367 - See Judiciary minutes dated 4/23/94. HB 79 - See Health, Education & Social Service minutes dated 2/2/94. See Judiciary minutes dated 4/18/94 & 4/23/94. SB 315 - No previous action to record. WITNESS REGISTER Senator Loren Leman State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of SB 237 Kathy Tibbles Division of Family & Youth Services Department of Health & Social Services P.O. Box 110630 Juneau, AK 99811-0630 POSITION STATEMENT: Stated concerns on SB 237 Juanita Hensley Division of Motor Vehicles Department of Public Safety P.O. Box 20020 Juneau, AK 99811-0220 POSITION STATEMENT: Suggested changes to SB 237 Phil Petri, Chief Operations Officer Child Support Enforcement Agency Department of Revenue 550 W. 7th, Suite 312 Anchorage, AK 99501-3556 POSITION STATEMENT: Offered information on HB 362 Fred Ferrara Alaska Appraisers Association Anchorage, AK POSITION STATEMENT: Opposes HB 410 Commissioner Paul Fuhs Department of Commerce & Economic Development P.O. Box 110800 Juneau, AK 99811-0800 POSITION STATEMENT: Offered information in support of HB 410 Karl Luck, Director Division of Occupational Licensing Department of Commerce & Economic Development P.O. Box 110806 Juneau, AK 99811-0806 POSITION STATEMENT: Supports HB 410 ACTION NARRATIVE TAPE 94-40, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 4:30 p.m. He introduced SB 237 (WEAPONS POSSESSION/SALE BY/TO MINORS) as the first order of business and directed attention to a draft Judiciary CS. SENATOR HALFORD moved that CSSB 237(JUD) be adopted. Hearing no objection, the motion carried. SENATOR LOREN LEMAN, prime sponsor of SB 237, said he introduced the legislation after it came to his attention that the Anchorage Police Department could not arrest juveniles who had weapons and were brandishing them until they otherwise used them in some way and broke the law. SB 237 provides that juveniles have parental permission to have those weapons, with certain exceptions such as marksmanship and hunter safety classes. The legislation also contains changes to the procedures regarding juveniles who commit crimes with firearms. Senator Leman said he believes these are important changes to Alaska's juvenile weapons statutes, and he pointed out that the states of Florida and Utah have recently passed similar legislation. Number 050 SENATOR TAYLOR referred to Section 5 which provides that a minor will not be treated as a juveniles if a firearm is used and the minor has been previously adjudicated as a delinquent. SENATOR LEMAN clarified that would be the automatic waiver to be tried as an adult. SENATOR DONLEY referred to Section 5, which, he said, parallels SB 209, and one of the concerns he had with that legislation was with the language "the minor is alleged to have used a firearm in commission of the offense." He asked if this brings into the scope the mere possession of a firearm, and does this move them into adult jurisdiction. SENATOR LEMAN answered that would not be his intent if the juvenile just had possession of the weapon. SENATOR TAYLOR suggested the record should clearly reflect that the words "used as a firearm in the commission of the offense" would not encompass the mere possession which is already provided for. Number 163 SENATOR DONLEY, using the example of juveniles bringing firearms to school, said the first offense doesn't necessarily result in very serious ramifications, because the juvenile isn't treated as an adult for the first offense, and he suggested discussion on drawing a harder line warning the juvenile that if he does it again, it will trigger a serious penalty as an adult. The question should be if the triggering offense include mere status crimes such as possession of firearms and not utilization of firearms. Number 280 KATHY TIBBLES, Division of Family & Youth Services, Department of Health & Social Services, stated the division is opposed to lowering an automatic waiver age down to the age of 14 years for such offenses, because the division believes that at age 14 children still generally are amenable to treatment, and that those who commit offenses of a serious enough nature can still be waived under the current process that is available. Ms. Tibbles said the division also has a technical concern with language in the bill that refers to adjudication of delinquency in another jurisdiction. She pointed out that there is currently no national network that would make that kind of information available to them, so there are a lot of instances where they wouldn't know whether a juvenile has been adjudicated in another state. Number 310 JUANITA HENSLEY, Division of Motor Vehicles, Department of Public Safety, directed attention to language on page 6 in Section 6, which relates to revoking a driver's license for one year on the first offense of these juveniles. If an individual is convicted of a drunk driving offense, their license is only going to be revoked for 90 days on the first offense. If they are driving drunk and they kill someone and they are charged with manslaughter, etc., the court is only required to revoke their license for a period of 30 days. She recommended on line 9 changing the one year to 90 days, and on line 11 changing the two years to one year, which would be consistent with the other areas of statute on license revocation periods. Number 390 SENATOR TAYLOR moved that on page 6, line 9, change "one year" to "90 days" and on line 11 change "two years" to "one year." He also modified the amendment on line 8, after the words "license for a period of" to include the words "no less than." Hearing no objection, the Chairman stated the amendment was adopted. Number 415 SENATOR DONLEY said because the amendment reduces the minimum time of suspension, he would like to see the requirement that they pay the $100 fee for reinstatement of their license. He then proposed the $100 reinstatement fee as a conceptual amendment. Hearing no objection, the amendment was adopted. Number 490 SENATOR HALFORD moved that CSSB 237(JUD) be passed out of committee with individual recommendations. Hearing no objection, it was ordered. Number 500 SENATOR TAYLOR brought CSHB 362(HES) am (CHILD SUPPORT: CRIMINAL/CIVIL REMEDIES) before the committee as the next order of business. PHIL PETRI, Chief Operations Officer, Child Support Enforcement Agency, Department of Revenue, explained the legislation has two purposes. The first part is a change to the statute of limitations to extend them to a reasonable period of time so that they aren't always going back into court to establish a judgement. Right now, they would have to do that approximately twice in the lifetime of a normal child assuming 18 because there is a 10-year statute of limitations. The second part is to establish a new crime of aiding and abetting and will deal with individuals that willfully and intentionally change the official record or asset into someone else's name, or they set up shell corporations, businesses to avoid paying child support. Number 560 SENATOR TAYLOR thought using the word "person on lines 19, 20 and 21 was rather vague language because sometimes it is referring to the "donor" and sometimes it is referring to the "donee." TAPE 94-40, SIDE B SENATOR DONLEY commented that the problem is with the specific intent necessary to trigger existence of a crime. It would be better to resolve that question now rather than leave it up to a court later. Number 100 SENATOR DONLEY asked if the lack of the transferor's intent to avoid paying support or the transferee's intent to assist the transferor's attempt to avoid paying support could be a defense. PHIL PETRI answered that if neither intended it to avoid the payment of child support, the answer would be "No." They do not want that to be a crime. He added that he would like to have the bill worded in such a manner that it has the least amount of challenges available. Number 180 SENATOR LITTLE moved the following amendment: Page 2, lines 7, 11, 14, 18 & 21: Change "person" to "obligor" Page 2, line 19: Change "person's" to "obligor's" Hearing no objection, the amendment was adopted. Number 195 SENATOR DONLEY moved the following amendment to be inserted by the bill drafter where appropriate: "The lack of the obligor's intent to avoid paying support, or the transferee's intent to assist the obligor in avoiding paying support, is not a defense. (The intent of this amendment was approved prior to the restatement of the amendment by Senator Donley.) Hearing no objection, the amendment was adopted. Number 240 SENATOR TAYLOR stated a committee substitute would be prepared and the legislation would be back before the committee in the near future for further action. Number 250 SENATOR TAYLOR brought CSHB 367(JUD) am (PROHIBITED HIGHWAY ADVERTISING) before the committee as the next order of business. SENATOR TAYLOR noted that Senator Frank had requested that his original version of the legislation be passed out of committee, but because it did not have the provision relating to municipalities, it was decided to wait for the House version. In reviewing the previous hearing by the committee on HB 367, SENATOR TAYLOR said he wanted to have as clean a bill as possible under the federal law which would not involve municipal interference on that question. Senator Little wanted the bill not to apply to municipalities unless they chose to apply it to themselves. SENATOR LITTLE said the way the bill is written in Section 4 on page 3, lines 16 - 20, is that the municipality's existing ordinances would remain in effect after passage of this bill. SENATOR TAYLOR agreed with her interpretation. Number 305 SENATOR LITTLE proposed an amendment on page 2, line 26, to replace "8 feet by 12 feet" with "4 feet by 8 feet." After brief discussion on the amendment and there being no objection to the its adoption, the Chairman stated the amendment was approved. There being no motion to move HB 367 out of committee, the committee went on to the next order of business. Number 411 SENATOR TAYLOR brought CSHB 410(STA) (REAL ESTATE APPRAISERS) before the committee as the final order of business. FRED FERRARA, Alaska Appraisers Association, testifying from Anchorage over the teleconference network in opposition to the legislation, stated they had originally needed the authority to change the statute so that the board can set hours of education that would be consistent with the federal requirements so that the new appraisers coming into the business would meet federal requirements and would be certified to do work for all the banks, credit unions, etc. However, the bill has been modified in the House to the extent that it would reduce the present law and cause them to drop some of the education requirements and cause them to drop the experience requirements. Mr. Ferrara said the FIREA law was put into effect to get a basic starting law all over the United States so that there would be consistency among the education and experience of appraisers. It required two years of experience for commercial or residential appraising. In 1990, the State of Alaska passed legislation that conformed to the federal requirements for education, and it even exceeded the requirements for recertification education by doubling it to 40 hours for every two years, which results in the appraisers getting better education and, as a result, they have ways of bringing people into the field a lot easier with courses offered in the State of Alaska instead of traveling outside. Mr. Ferrara said HB 410 would effectively force the board to reduce the recertification education to 20 hours every two years, as well as forcing them to drop the experience requirements from the present three years for residential and four years for commercial down to two years for everybody. This would mean that new people coming would have lesser experience than all of the appraisers that are currently certified in the state, and he stated their total objection to these changes. Number 520 SENATOR LITTLE inquired why this legislation was perceived to be a good idea. Number 525 COMMISSIONER FUHS, Department of Commerce & Economic Development, explained that the legislation came about at the suggestion of the Legislative Budget & Audit Committee in order to make the standards the same as federal law. He pointed out that only four other states have different standards than the federal standards. Commissioner Fuhs stressed the importance of passing the legislation, because if these changes aren't made before June 30, 1994, there will no longer be any more federal housing loans in the state. Number 575 KARL LUCK, Director, Division of Occupational Licensing, Department of Commerce & Economic Development, said the state can lose its certification, and one of the provisions of losing the certification is that if, in fact, this auditor board has a finding that the state is not in compliance. Number 592 SENATOR DONLEY asked that if the state is currently more stringent than federal law, than why is the state out of compliance. COMMISSIONER FUHS answered that Alaska is less stringent in education, but more stringent in experience. He added that if the House version passes, Alaska won't be able to more stringent in experience which would open the door for more people to be appraisers. (SENATOR JACKO took over as Chair because SENATOR TAYLOR had another commitment to meet.) Number 630 FRED FERRARA pointed out that there is no shortage of appraisers in the Sate of Alaska. SENATOR LITTLE said she would to see a comparison showing what the state has now and how this legislation changes that. COMMISSIONER FUHS said one could be provided, but reiterated that the bill just says that the state's requirements for appraisers would at least have to meet the federal requirements, but could not exceed the federal requirements. SENATOR JACKO asked if the bill does anything beyond the federal requirements. COMMISSIONER FUHS answered that it doesn't, and that was done at the request of the banking community. TAPE 94-41, SIDE A Number 015 Because the committee had lost its quorum, there was no final action taken on CSHB 367(STA) and the meeting was adjourned at 6:17 p.m.