Legislature(1993 - 1994)

05/03/1994 06:30 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                          May 3, 1994                                          
                           6:30 p.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chairman                                                
 Senator Rick Halford, Vice-Chairman                                           
 Senator George Jacko                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Dave Donley                                                           
 Senator Suzanne Little                                                        
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 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. 195(FIN)                                                
 "An Act authorizing youth courts to provide for peer adjudication             
 of minors who have allegedly committed violations of state or                 
 municipal laws, and renaming the community legal assistance grant             
 fund and amending the purposes for which grants may be made from              
 that fund in order to provide financial assistance for organization           
 and initial operation of youth courts."                                       
                                                                               
 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."               
                                                                               
 HOUSE BILL NO. 403                                                            
 "An Act requiring that automobile liability insurance include                 
 coverage for uninsured or underinsured motor vehicles and an offer            
 of policy limits for that coverage equal to coverage voluntarily              
 purchased for bodily injury or death; and providing for an                    
 effective date."                                                              
                                                                               
 HOUSE BILL NO. 356                                                            
 "An Act relating to living wills and do not resuscitate orders; and           
 providing for an effective date."                                             
                                                                               
 CS FOR HOUSE BILL NO. 417(JUD) am                                             
 "An Act relating to the possession of weapons within the grounds of           
 or on the parking lot of preschools, elementary, junior high, and             
 secondary schools or while participating in a school-sponsored                
 event; and relating to school lockers and other containers provided           
 in a public or private school by the school or the school                     
 district."                                                                    
                                                                               
 HOUSE BILL NO. 439                                                            
 "An Act enacting the Uniform Fraudulent Transfer Act."                        
                                                                               
 HOUSE BILL NO. 122                                                            
 "An Act eliminating a requirement that a court consider the                   
 findings and recommendations of a neutral mediator when awarding              
 shared child custody."                                                        
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 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 195 - See Health, Education & Social Services minutes dated                
          2/23/94.  See Judiciary minutes dated 3/28/94.                       
                                                                               
 HB 277 - See State Affairs minutes dated 4/13/94.  See Labor &                
          Commerce minutes dated 4/26/94 and 4/28/94.  See                     
          Judiciary minutes dated 4/30/94.                                     
                                                                               
 HB 403 - See Labor and Commerce minutes dated 4/12/94 and                     
          4/14/94.                                                             
                                                                               
 HB 356 - No previous action to record.                                        
                                                                               
 HB 417 - See State Affairs minutes dated 4/27/94.                             
                                                                               
 HB 439 - See Labor & Commerce minutes dated 4/12/94.                          
                                                                               
 HB 122 - See Health, Education & Social Services minutes dated                
          1/19/94.                                                             
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Howard Jaeger                                                                 
 Shattuck & Grummett Insurance                                                 
 301 Seward St.                                                                
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Testified in support of HB 403                         
                                                                               
 Linda Hall                                                                    
 Anchorage, AK                                                                 
 Phone No. 561-1250                                                            
  POSITION STATEMENT:   Supports HB 403                                        
                                                                               
 Representative Cynthia Toohey                                                 
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Present to respond to questions on                     
                      HB 356                                                   
 Patti Swenson, Staff to Representative Con Bunde                              
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on HB 417                          
                                                                               
 Jerry Kertz                                                                   
 Anchorage, AK                                                                 
 Phone No. 276-6100                                                            
  POSITION STATEMENT:   Supports HB 439                                        
                                                                               
 Ms. M. E. Beardsly                                                            
 Anchorage, AK                                                                 
 Phone NO. 269-5213                                                            
  POSITION STATEMENT:   Supports HB 439                                        
                                                                               
 Chris Christensen, Legal Counsel                                              
 Alaska Court System                                                           
 303 K St.                                                                     
 Anchorage, AK 99501-2084                                                      
  POSITION STATEMENT:   Offered information on HB 122                          
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-45, SIDE A                                                            
 Number 001                                                                    
                                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 6:30 p.m.                                                            
 The first order of business to come before the committee was  CSHJR
 43(FIN)  (RIGHTS OF CRIME VICTIMS; CRIMINAL ADMIN).                           
                                                                               
 SENATOR JACKO moved that SCS CSHJR 43(JUD) be adopted.  Hearing no            
 objection, the motion carried.                                                
                                                                               
 Number 015                                                                    
                                                                               
 SENATOR JACKO moved that SCS CSHJR 43(JUD) be passed out of                   
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
                                                                               
 Number 020                                                                    
 SENATOR TAYLOR brought CSHB 195(FIN) (AUTHORIZING YOUTH COURTS)               
 before the committee as the next order of business.                           
                                                                               
 SENATOR JACKO moved that SCS CSHB 195(JUD) be adopted.  Hearing no            
 objection, the motion carried.                                                
                                                                               
 SENATOR JACKO moved that SCS CSHB 195(JUD) be passed out of                   
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
 Number 028                                                                    
 The next order of business was  CSHB 277(JUD)  (INDEMNIFICATION OF            
 PUBLIC EMPLOYEES).                                                            
                                                                               
 SENATOR JACKO moved that SCS CSHB 277(JUD) be adopted.  Hearing no            
 objection, the motion carried.                                                
                                                                               
 SENATOR JACKO moved that SCS CSHB 277(JUD) be passed out of                   
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
 SENATOR TAYLOR introduced  HB 403  (AUTOMOTIVE LIABILITY INSURANCE            
 COVERAGE) as the next order of business.                                      
                                                                               
 HOWARD JAEGER, representing the Alaska Independent Insurance Agents           
 and Brokers, testifying in support of HB 403, said they have worked           
 hard on the legislation, feel it is a good bill and urge its                  
 passage.                                                                      
                                                                               
 SENATOR TAYLOR noted that Linda Hall of Anchorage was standing by             
 to testify on the bill over the teleconference network.  However,             
 he said the committee was ready to move the bill, and unless there            
 was objection to the legislation, he would entertain such a motion.           
                                                                               
                                                                               
 LINDA HALL of Anchorage stated her support for the legislation and            
 urged its passage from committee.                                             
                                                                               
 Number 043                                                                    
                                                                               
 SENATOR HALFORD moved that HB 403 be passed out of committee with             
 individual recommendations.  Hearing no objection, it was so                  
 ordered.                                                                      
 SENATOR TAYLOR brought  HB 356  (LIVING WILLS AND MEDICAL CARE                
 ORDERS) before the committee.                                                 
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY, Co-Chairman of the House Health,               
 Education and Social Services Committee was present to respond to             
 questions.  There being no questions on the legislation, SENATOR              
 TAYLOR asked for a motion to move HB 356.                                     
                                                                               
 SENATOR HALFORD moved that HB 356 be passed out of committee with             
 individual recommendations.  Hearing no objection, it was so                  
 ordered.                                                                      
 The next item on the committee agenda was  CSHB 417(JUD) am                   
 (POSSESSION OF FIREARMS IN SCHOOL LOCKERS).                                   
                                                                               
 PATTI SWENSON, staff to Representative Con Bunde, explained the               
 legislation makes guns in school lockers illegal; it expands the              
 definition to make deadly weapons, defensive weapons and guns class           
 A misdemeanors; and it allows school officials to search school               
 lockers with posted notice.                                                   
                                                                               
 SENATOR JACKO moved that CSHB 417(JUD) am be passed out of                    
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
 SENATOR TAYLOR brought  HB 439  (UNIFORM FRAUDULENT TRANSFER ACT)             
 before the committee.  He noted Jerry Kertz and Ms. M.E. Beardsly             
 of Anchorage were prepared to testify on the bill over the                    
 teleconference network.  However, both witnesses said they had                
 nothing to add other than to urge its passage out of committee.               
                                                                               
 SENATOR HALFORD moved and asked unanimous consent that HB 439 be              
 passed out of committee with individual recommendations.  Hearing             
 no objection, it was so ordered.                                              
 Number 126                                                                    
 SENATOR TAYLOR brought  HB 122  (CHILD CUSTODY PROCEDURES) before the    he   
 committee as the final order of business.                                     
                                                                               
 CHRIS CHRISTENSEN, Legal Counsel, Alaska Court System, explained              
 that AS 25.20.090 provides a laundry list of factors that a judge             
 is supposed to consider when awarding shared custody of child.  One           
 of those is the findings and recommendations of a neutral mediator.           
 However, the person drafting that statute confused mediation with             
 arbitration.  Mediators are not supposed to make recommendations to           
 a judge, and HB 122 deletes that particular requirement from the              
 statute.                                                                      
                                                                               
 Mr. Christensen clarified that there can still be mediation in                
 child custody cases, however, the mediator just won't make a                  
 recommendation to the judge.                                                  
                                                                               
 SENATOR HALFORD moved that HB 122 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 6:40 p.m.                                            
                                                                               
                                                                               

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