Legislature(1993 - 1994)

04/30/1994 11:45 AM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                         April 30, 1994                                        
                           11:45 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chairman                                                
 Senator Rick Halford, Vice-Chairman                                           
 Senator George Jacko                                                          
 Senator Suzanne Little                                                        
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Dave Donley                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CONFIRMATION HEARINGS - Robert E. Congdon, Violent Crimes                     
        Compensation Board                                                     
       - Dr. Laurie E. Dahms, Violent Crimes                                   
        Compensation Board                                                     
                                                                               
 SENATE BILL NO. 362                                                           
 "An Act relating to insurance, to the licensing, accreditation,               
 examination, regulation, and solvency of persons engaged in the               
 insurance business, including insurers, nonadmitted insurers,                 
 purchasing groups, risk retention groups, and United States                   
 branches of alien insurers; relating to the management of and the             
 filing of reports by persons licensed or otherwise doing business             
 under the insurance code; amending Alaska Rule of Civil Procedure             
 45; and providing for an effective date."                                     
                                                                               
 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd am)                 
 "An Act relating to limited liability companies; and providing for            
 an effective date."                                                           
                                                                               
 HOUSE BILL NO. 445 am                                                         
 "An Act relating to administrative or court revocation of a                   
 driver's license resulting from operation of a motor vehicle,                 
 commercial motor vehicle, or aircraft; relating to chemical testing           
 of a person's breath, urine, or blood if the person is involved in            
 a motor vehicle accident that causes death or serious physical                
 injury; relating to definitions applicable to commercial motor                
 vehicle laws; relating to chemical testing of a person's breath,              
 urine, or blood without the person's consent; and relating to the             
 use in a civil or criminal action of the refusal of a person to               
 submit to a chemical test."                                                   
                                                                               
 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. 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. 367(JUD) am                                             
 "An Act relating to limitations on outdoor advertising signs,                 
 displays, and devices and penalties for violations related to                 
 outdoor advertising."                                                         
                                                                               
 CS FOR HOUSE BILL NO. 214(JUD)                                                
 "An Act allowing the parent or legal guardian of a minor to                   
 disclose information about the minor to certain state officials and           
 state employees; prohibiting further disclosure of the information            
 to unauthorized persons; amending Alaska Child in Need of Aid Rule            
 22; and providing for an effective date."                                     
                                                                               
 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."               
                                                                               
 CS FOR HOUSE BILL NO. 334(FIN) am                                             
 "An Act relating to criminal sentencing; relating to the                      
 availability for good time credit for offenders convicted of                  
 certain first degree murders; relating to definite 30- to 99-year             
 terms of imprisonment for offenders convicted of an unclassified or           
 class A felony that is a homicide, assault, kidnapping, sexual                
 offense, or robbery and who have at least two prior most serious              
 felony convictions; relating to parole, good time credit, pardon,             
 commutation of sentence, modification or reduction of sentence,               
 reprieve, furlough, and service of sentence at a correctional                 
 restitution center for offenders with at least three most serious             
 felony convictions; defining `most serious felony' as an                      
 unclassified or class A felony offense that is a homicide, assault,           
 kidnapping, sexual offense, or robbery or an attempt or conspiracy            
 to commit, or criminal solicitation of, an unclassified or class A            
 felony that is a homicide, assault, kidnapping, sexual offense, or            
 robbery; and amending Alaska Rule of Criminal Procedure 35."                  
                                                                               
 HOUSE BILL NO. 316                                                            
 "An Act adopting the Uniform Statutory Rule Against Perpetuities;             
 and providing for an effective date."                                         
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 362 - See Labor & Commerce minutes dated 3/29/94 and 3/31/94.              
          See Judiciary minutes dated 4/11/94.                                 
                                                                               
 HB 420 - No previous action to record.                                        
                                                                               
 HB 445 - See Judiciary minutes dated 3/28/94.                                 
                                                                               
 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 362 - See Judiciary minutes dated 4/25/94.                                 
                                                                               
 HB 367 - See Judiciary minutes dated 4/25/94.                                 
                                                                               
 HB 214 - See Health, Education & Social Services minutes dated                
          1/19/94.                                                             
                                                                               
 HB 277 - See State Affairs minutes dated 4/13/94.  See Labor &                
          Commerce minutes dated 4/26/94 and 4/28/94.                          
                                                                               
 HB 334 - No previous action to record.                                        
                                                                               
 HB 316 - No previous action to record.                                        
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Robert E. Congdon                                                             
 7300 South Park Drive                                                         
 Anchorage, AK 99516                                                           
                                                                               
 Dr. Laurie E. Dahms                                                           
 P.O. Box 876029                                                               
 Wasilla, AK 99687                                                             
                                                                               
 Bob Manley                                                                    
 324 East Cook                                                                 
 Anchorage, AK 99501                                                           
  POSITION STATEMENT:   Supports HB 420                                        
                                                                               
 Representative Brian Porter                                                   
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime Sponsor of HJR 43 & HB 277                       
                                                                               
 Margo Knuth, Assistant Attorney General                                       
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, AK 99811-0300                                                         
  POSITION STATEMENT:   Testified in support of HJR 43                         
                                                                               
 Jayne Andreen, Executive Director                                             
 Council on Domestic Violence & Sexual Assault                                 
 P.O. Box 111200                                                               
 Juneau, AK 99811-1200                                                         
  POSITION STATEMENT:   Testified in support of HJR 43                         
                                                                               
 Phil Petri                                                                    
 Child Support Enforcement Division                                            
 Department of Revenue                                                         
 550 W. 7th, Suite 312                                                         
 Anchorage, AK 99501-3556                                                      
  POSITION STATEMENT:   Testified in support of HB 362                         
                                                                               
 David Kamrath, Staff to Representative Harley Olberg                          
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on HB 367                          
                                                                               
 Eleanor Roser, Staff to Representative Ramona Barnes                          
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on HB 214                          
                                                                               
 Jeff Bush                                                                     
 175 S. Franklin St., Suite 318                                                
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Testified in support of HB 277                         
                                                                               
 Representative Con Bunde                                                      
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime Sponsor of HB 334                                
                                                                               
 Tim Benintendi, Staff to Representative Carl Moses                            
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on HB 316                          
                                                                               
 Art Peterson                                                                  
 350 N. Franklin St.                                                           
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Supports HB 316                                        
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-44, SIDE A                                                            
 Number 001                                                                    
                                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 11:45 a.m.                                                           
                                                                               
 The first order of business to come before the committee was a                
 confirmation hearing on Governor appointees to the Violent Crimes             
 Compensation Board, Robert E. Congdon and Dr. Laurie E. Dahms.                
                                                                               
 ROBERT CONGDON, addressing the committee from Anchorage via the               
 teleconference network, stated he has served a term on the board              
 and this would be a reappointment.  He said it is a necessary job             
 trying to do something for victims, it is a lot of work, but he               
 enjoys doing it.  He expressed his willingness to serve again as a            
 member on the Violent Crimes Compensation Board.                              
                                                                               
 Number 029                                                                    
                                                                               
 There being no questions from committee members, SENATOR TAYLOR               
 stated a letter would be sent to Senate President Halford stating             
 that the committee has held a confirmation hearing on Mr. Congdon's           
 appointment to the Violent Crimes Compensation Board and that there           
 were no stated objections to that appointment.                                
                                                                               
 DR. LAURIE DAHMS, testifying from Anchorage, stated she started               
 serving on the Violent Crimes Compensation Board in September 1993,           
 and she has found it an interesting board to work on.  Her                    
 background as a family practice physician gives her a fairly broad            
 based medical background to sort through the variety of different             
 claims that come in to the board, and, with that broad medical                
 background, she has been able to give that technical assistance to            
 the board.  She expressed her appreciation at being given the                 
 opportunity to serve on the board.                                            
                                                                               
 SENATOR JACKO moved that a letter be sent to Senate President                 
 Halford stating that the committee has held a confirmation hearing            
 on the appointment of Dr. Laurie Dahms to the Violent Crimes                  
 Compensation and there were no stated objections to her                       
 appointment.   Hearing no objection, it was so ordered.                       
                                                                               
 SENATOR TAYLOR brought  SB 362  (OMNIBUS INSURANCE REFORM) before the    he   
 committee, noting that at a previous hearing on the bill the                  
 insurance commissioner assured that the committee that most of the            
 legislation consists of technical changes.                                    
                                                                               
 SENATOR JACKO moved that SB 362 be passed out of committee with               
 individual recommendations.  Hearing no objection, it was so                  
 ordered.                                                                      
                                                                               
 Number 142                                                                    
 SENATOR TAYLOR brought  CSSSHB 420(STA)(efd am)  (LIMITED LIABILITY           
 COMPANIES) before the committee as the next order of business.                
                                                                               
 BOB MANLEY, testifying from Anchorage via the teleconference                  
 network, stated his support for HB 420.  He noted he is chairman of           
 the Working Group on Limited Liabilities Companies, made up of                
 members of the tax and business law section of the Alaska Bar                 
 Association and members of the Alaska Society of CPA's.                       
                                                                               
 Mr. Manley said limited liability companies is a new business form            
 that provides operational and federal income tax and estate tax               
 advantages to Alaska businesses.  He pointed out that 38 states               
 have passed limited liability company legislation, and it is                  
 anticipated that all 50 states will have such legislation within              
 the next two years.                                                           
                                                                               
 Mr. Manley urged passage of the legislation this session because he           
 believes it is important for attracting capital for investments               
 from outside to Alaska.                                                       
                                                                               
 Number 191                                                                    
                                                                               
 SENATOR LITTLE said it was her understanding that limited liability           
 companies can have some additional tax advantages that are more               
 advantageous than S corporations.  MR. MANLEY said the only                   
 difference between an S corporation and a C corporation is for                
 income tax purposes.  Basically, the investors in a C corporation             
 are subject to double taxation.  A limited liability company gives            
 true partnership tax treatment which gives a lot more tax                     
 flexibility and a lot more operational flexibility.                           
                                                                               
 Number 230                                                                    
                                                                               
 SENATOR JACKO asked how this form of business structure fits within           
 the international marketplace, and would it be available as a joint           
 venture form to go together with an offshore fishing company from             
 a foreign country.  MR. MANLEY answered that it would be available            
 so that an offshore company could form a joint venture with an                
 Alaskan corporation, and they would act as a limited liability                
 company.  He said offshore companies are obligated right now to pay           
 taxes, so it shouldn't make any difference in terms of Alaska                 
 corporate income tax.                                                         
                                                                               
 Number 270                                                                    
                                                                               
 There being no further questions on HB 420, SENATOR TAYLOR asked              
 for the pleasure of the committee.                                            
                                                                               
 SENATOR JACKO moved that CSSSHB 420(STA)(efd am) be passed out of             
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
 Number 285                                                                    
 SENATOR TAYLOR brought  HB 445 am  (DWI LAWS) before the committee as    as   
 the next order of business.  He pointed out that a Senate bill had            
 moved out of committee earlier which encompassed a provision that             
 the third-time DWI offender would be a felony conviction, a                   
 forfeiture and seizure of vehicle provision, as well as adding                
 antibuse as an alternative that the court may use.  He directed               
 attention to a proposed Judiciary SCS, which would make HB 445                
 identical to the Senate bill.                                                 
                                                                               
 SENATOR LITTLE moved that SCS HB 445(JUD) be adopted.  Hearing no             
 objection, the motion carried.                                                
                                                                               
 SENATOR JACKO moved that SCS HB 445(JUD) be passed out of committee           
 with individual recommendations.  Hearing no objection, it was so             
 ordered.                                                                      
 Number 315                                                                    
 SENATOR TAYLOR introduced  CSHJR 43(FIN)  (RIGHTS OF CRIME VICTIMS;           
 CRIMINAL ADMIN) as the next order of business.                                
                                                                               
 REPRESENTATIVE BRIAN PORTER, prime sponsor of HJR 43, directed                
 attention to a Judiciary SCS, which, he said, was the result of a             
 concern raised by Senator Donley at a previous hearing on the                 
 legislation.                                                                  
                                                                               
 SENATOR HALFORD moved that SCS CSHJR 43(JUD) be adopted.  Hearing             
 no objection, the motion carried.                                             
                                                                               
 Number 321                                                                    
                                                                               
 SENATOR LITTLE asked if this amendment to the Constitution will               
 change the juvenile justice system as well.  REPRESENTATIVE PORTER            
 answered that the Section 12 change from excessive punishment to              
 criminal administration is meant to address that question. Criminal           
 administration is a term of art that only refers to adult criminal            
 prosecution, so this would not be affecting the juvenile justice              
 system.  SENATOR LITTLE said that addressed her concern because her           
 preference is to have a priority to rehabilitate or reform                    
 juveniles, whereas this order is more acceptable for adults.                  
 SENATOR TAYLOR noted that was also Senator Donley's concern, and he           
 had recommended inserting the word "criminal" and to remove the               
 word "penal" on lines 5 and 7.                                                
                                                                               
 Number 340                                                                    
                                                                               
 MARGO KNUTH, Department of Law, voiced her approval of the                    
 Judiciary SCS.                                                                
                                                                               
 Number 347                                                                    
                                                                               
 JAYNE ANDREEN, Executive Director, Council on Domestic Violence and           
 Sexual Assault, stated the Council's support for HJR 43.  She                 
 stressed the importance as a state to include victims in their need           
 to have access to information and participation in the process.               
                                                                               
 Number 360                                                                    
                                                                               
 SENATOR TAYLOR stated HJR 43 would be held until the next meeting             
 of the committee so that Senator Donley could look at the changes             
 made in the Judiciary SCS.                                                    
 Number 370                                                                    
 SENATOR TAYLOR brought  CSHB 362(HES) am  (CHILD SUPPORT:                     
 CRIMINAL/CIVIL REMEDIES) before the committee.  He directed                   
 attention to a proposed Judiciary SCS, which addresses Senator                
 Donley's concern that families be able to at least show the court             
 that they have made a reasonable effort to restrain their child,              
 and that that could be utilized as a defense against suit.                    
                                                                               
 PHIL PETRI, Child Support Enforcement Division, Department of                 
 Revenue, explained that the primary purpose of the first part of              
 the bill is to change the statute of limitations, and the second              
 part relates to aiding and abetting an individual in not paying               
 their child support.  He urged passage of the Judiciary SCS,                  
 stating that the division vitally needs the change to the statute             
 of limitations, and the aiding and abetting portion will be a                 
 helpful tool to try to increase collections.                                  
                                                                               
 Number 386                                                                    
                                                                               
 SENATOR TAYLOR pointed out that in the Judiciary SCS the word                 
 "person" was changed to "obligor."                                            
                                                                               
 There being no further testimony on HB 362, SENATOR TAYLOR stated             
 he would entertain a motion on the committee substitute.                      
                                                                               
 SENATOR LITTLE moved that SCS CSHB 362(JUD) be adopted.  Hearing no           
 objection, the motion carried.                                                
                                                                               
 SENATOR LITTLE moved that SCS CSHB 362(JUD) be passed out of                  
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
 Number 410                                                                    
 SENATOR TAYLOR brought  CSHB 367(JUD) am  (PROHIBITED HIGHWAY                 
 ADVERTISING) before the committee as the next order of business.              
                                                                               
 DAVID KAMRATH, staff to Representative Harley Olberg, requested               
 that the committee rescind its previous action in changing the size           
 of the sign from 8 x 12 to 4 x 8.  He pointed out that the federal            
 regulation allows up to 650 square feet, so he thinks that 96                 
 square feet is being conservative.                                            
                                                                               
 Number 420                                                                    
                                                                               
 SENATOR LITTLE voiced concern about what the state's highways are             
 going to be look like if the bill passes because each of the                  
 businesses can have up to four signs.  She added that she does not            
 think the change made by the committee it its committee substitute            
 is unreasonable.                                                              
 Number 435                                                                    
                                                                               
 SENATOR HALFORD moved that on page 2, line 26 of the proposed                 
 Judiciary SCS, change the size of the back to 8 x 12.  SENATOR                
 LITTLE objected.  The roll was taken with the following result:               
 Senators Taylor, Halford and Jacko voted "Yea" and Senator Little             
 voted "Nay."  The Chairman stated the motion carried, and because             
 this was the only change orignally made, there was no Judiciary SCS           
 before the committee.                                                         
                                                                               
 SENATOR HALFORD moved that CSHB 367(JUD) am be passed out of                  
 committee with individual recommendations.  SENATOR LITTLE                    
 objected.  The roll was taken with the following result:  Senators            
 Halford, Taylor and Jacko voted "Yea" and Senator Little voted                
 "Nay."  The Chairman stated CSHB 367(JUD) am would move out of                
 committee with individual recommendations.                                    
 Number 465                                                                    
 SENATOR TAYLOR brought  CSHB 214(JUD)  (DISCLOSURE OF MINOR'S RECORDS    DS   
 BY PARENT) before the committee as the next order of business.                
                                                                               
 ELEANOR ROSER, staff to Representative Ramona Barnes, explained               
 that the legislation was introduced by the Legislative Council at             
 the suggestion of the Ombudsman.  It will bring the Legislature and           
 some other agencies into the confidentiality laws, allowing a                 
 constituent to go to a legislator or agency to present a grievance.           
                                                                               
 Number 515                                                                    
                                                                               
 SENATOR HALFORD moved that CSHB 214(JUD) be passed out of committee           
 with a "do pass" recommendation.  Hearing no objection, it was so             
 ordered.                                                                      
 Number 525                                                                    
 SENATOR TAYLOR introduced  CSHB 277(JUD)  (INDEMNIFICATION OF PUBLIC     C    
 EMPLOYEES) as the next order of business.                                     
                                                                               
 REPRESENTATIVE BRIAN PORTER, prime sponsor of HB 277, spoke to a              
 problem brought to his attention by an individual and a group from            
 a utility company in Anchorage that is owned by the city.  One of             
 the managers of the utility company tried to purchase a house and             
 found that on his credit rating was a lawsuit that was filed                  
 against the utility.  Because the municipality had a policy but not           
 a law that provided that he would be indemnified, the individual              
 had difficulty in obtaining credit sufficient enough to purchase              
 the house because of the lawsuit.                                             
                                                                               
 HB 277 codifies state policy and the policy of the Municipality of            
 Anchorage, as well as many other municipalities, that the                     
 municipality will indemnify the actions or omissions of an employee           
 who was nothing more than negligent when performing within the                
 scope of his duty as an employee and as an employee during that               
 period of time.  It would not indemnify a person for gross                    
 negligence and it would not indemnify an individual against                   
 punitive damages.                                                             
                                                                               
 Number 565                                                                    
                                                                               
 SENATOR TAYLOR questioned that if, in fact, there was negligence on           
 the part of the employee, does the employee also bear some                    
 responsibility.  He said this will set in statute a policy that we            
 are going to absolve our employees of their responsibility because            
 we are going to indemnify them.  REPRESENTATIVE PORTER agreed that            
 the bill, in effect, is codifying common law as well as common                
 policy for the state and the majority of the municipalities.  He              
 related that the Alaska Municipal League does not ever endorse any            
 statute proposal that is a "mandate" on municipalities or boroughs,           
 but they have submitted a letter of no objection to HB 277.  He               
 also pointed out that the bill contains a provision that the                  
 employer may reserve their right to dispute their obligation to               
 indemnify or defend.  Further, the bill excludes the university and           
 school districts because this is already provided in statute to its           
 employees.                                                                    
                                                                               
 TAPE 94-44                                                                    
 Number 015                                                                    
                                                                               
 SENATOR HALFORD asked if in the case of a little municipality with            
 no assets, is this indemnifying the individual who represented that           
 municipality, or is this just guaranteeing a defense.                         
 REPRESENTATIVE PORTER responded that this would be indemnifying the           
 individual, and within that is the somewhat presumed interest to              
 defend if that is the position that the municipality or the public            
 employer is in.  SENATOR TAYLOR added that it appears to him that             
 the legislation only impacts the relationship between the employer            
 and the employee, and the victim would still have the right to go             
 after either or both.  SENATOR HALFORD observed that if the victim            
 sues both the employer and employee, if the employer has got the              
 money, he pays; if the employee has got the money, he pays; and if            
 the city goes bankrupt the victim still recovers, but the person              
 who can't recover is the employee against his own employer because            
 the employer (the city) is bankrupt.                                          
                                                                               
 Number 075                                                                    
                                                                               
 JEFF BUSH, a Juneau attorney, said this issue is something that he            
 is intimately familiar with due to some litigation that he has been           
 involved in during the last four to five months.  In Haines, the              
 borough was sued for action that the borough school board took and            
 the individual assembly members were also sued as individuals.  By            
 the time the case was dismissed, the makeup of the assembly had               
 entirely switched, politically speaking, and, therefore, it became            
 a political issue on whether or not these people were going to be             
 reimbursed for their attorneys fees.                                          
                                                                               
 Mr. Bush said the legislation would essentially say that it is at             
 least the responsibility of the borough to indemnify these people             
 provided they did not act with gross negligence or wilful conduct.            
 He added that this is not an uncommon situation.  What makes it               
 uncommon is the fact that the borough is hesitant to do so after              
 the fact.  He noted that individual state employees get sued                  
 frequently, and the state, as a general practice, has always picked           
 up the tab on their legal fees with a clarification that if there             
 is punitive damages assessed against the individual or intentional            
 conduct, then they are going to have to pay.                                  
                                                                               
 Number 135                                                                    
                                                                               
 SENATOR HALFORD asked if an employee can be fired for simple                  
 negligence.  REPRESENTATIVE PORTER responded that an employee can             
 be fired for negligence in performing their job, but the bill would           
 not allow an individual being terminated so as to avoid the                   
 indemnification that they otherwise are by law or policy required             
 to provide.  SENATOR HALFORD asked if language could be added to              
 the bill that specifically says the employer may fire the employee            
 if they are found liable for the negligence of the employee,                  
 although they still have to defend the employee.  REPRESENTATIVE              
 PORTER answered that he couldn't see any reason why not, but he               
 questioned if it should be qualified to the extent of not                     
 conflicting with a prior union agreement.   SENATOR LITTLE said she           
 would be in favor of something like that if it was intentional and            
 gross negligence, but for simple negligence she is reluctant to               
 provide that ability to the employer.  SENATOR JACKO commented that           
 if that language were put in, it would be an incentive for both the           
 employer and employee for a settlement versus a judgement.                    
                                                                               
 After further discussion, SENATOR TAYLOR stated an amendment                  
 relating to Senator Halford's suggestion that an employee may be              
 fired for simple negligence would be drafted and before the                   
 committee for its consideration the following Monday.  SENATOR                
 LITTLE stated her opposition to the amendment.                                
 Number 266                                                                    
 SENATOR TAYLOR brought  CSHB 334(FIN) am  (SENTENCING;3RD SERIOUS             
 FELONY OFFENDER) before the committee.                                        
                                                                               
 REPRESENTATIVE CON BUNDE, prime sponsor of HB 334, pointed out that           
 fiscal impact will not incur by passage of this legislation for a             
 period of 12 to 15 years because those current people who would               
 commit a third felony will already be incarcerated for 12 to 15               
 years.  He added that the fiscal impact and the amount it is                  
 diminished is an imponderable when it comes to how much of a                  
 deterrent it will be with the possibility of a long-term sentence             
 facing a career criminal.                                                     
                                                                               
 Number 300                                                                    
                                                                               
 SENATOR LITTLE referred to the fiscal note from the Department of             
 Corrections.  She said if the incarcerents currently in the system            
 already have two or three of these eligible offenses against them,            
 the effects would be coming much more rapidly than the fiscal note            
 would imply.  PATTY SWENSON, staff to Representative Bunde                    
 confirmed that the felonies do accumulate and there are people in             
 prison now with some felonies, but she thinks the Department of               
 Corrections feels that they will be in prison long enough so that             
 there will be no immediate fiscal impact.                                     
                                                                               
 Number 329                                                                    
                                                                               
 SENATOR TAYLOR commented that when the same legislation was signed            
 into law in California, Governor Pete Wilson said it would mean               
 that they would need to build additional facilities over the next             
 several years for 82,000 additional prisoners.  REPRESENTATIVE                
 BUNDE responded that California's population base is different than           
 Alaska's population base, and this proposed legislation is written            
 much more tightly and relates only to crimes against people.                  
                                                                               
 Number 370                                                                    
                                                                               
 SENATOR LITTLE said she was generally supportive of the                       
 legislation, but is very concerned about the impacts to the                   
 Department of Corrections and other departments by passing such a             
 bill.  She asked Representative Bunde if he is personally willing             
 to financially support those systems that are going to be impacted            
 by imposition of this legislation.  REPRESENTATIVE BUNDE answered             
 that he would.                                                                
                                                                               
 Number 390                                                                    
                                                                               
 SENATOR HALFORD moved that CSHB 334(FIN) am be passed out of                  
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
 Number 395                                                                    
 SENATOR TAYLOR brought  HB 316 RULE  (AGAINST PERPETUITIES) before            
 the committee as the final order of business.                                 
                                                                               
 TIM BENINTENDI, staff to Representative Carl Moses, explained this            
 law deals with issues relating to the inheritance of property and             
 identifying persons who may eventually have an interest in that               
 property.  It is also designed to prevent unreasonably long lasting           
 restrictions on the disposal of property.  Alaska's current statute           
 was last updated in 1983, and passage of HB 316 will simplify the             
 administration of estates and trusts, as well as reducing                     
 perpetuity litigation.                                                        
                                                                               
 Number 435                                                                    
                                                                               
 ART PETERSON, a Uniform Law Commissioner for the State of Alaska,             
 stated his support for HB 316.  He said the legislation offers the            
 "third generation" of statutory attempts to improve the common law            
 of rule.  Alaska has on the books the "second generation" version,            
 and it has created its own kinds of problems.                                 
                                                                               
 Number 530                                                                    
                                                                               
 SENATOR JACKO moved that HB 316 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 1:10 p.m.                                            
                                                                               

Document Name Date/Time Subjects