Legislature(1995 - 1996)

05/11/1995 04:26 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                   SENATE JUDICIARY COMMITTEE                                  
                          May 11, 1995                                         
                           4:26 p.m.                                           
  MEMBERS PRESENT                                                              
 Senator Robin Taylor, Chairman                                                
 Senator Lyda Green, Vice-Chairman                                             
 Senator Mike Miller                                                           
 Senator Al Adams                                                              
  MEMBERS ABSENT                                                               
 Senator Johnny Ellis                                                          
  COMMITTEE CALENDAR                                                           
 CS FOR HOUSE BILL NO. 48(JUD)                                                 
 "An Act relating to motorcycle helmets."                                      
 CS FOR HOUSE BILL NO. 292(JUD)                                                
 "An Act relating to searches by peace officers who enforce fish and           
 game laws, to false statements and omissions in regard to                     
 application for fish and game licenses, tags, and permits, and to             
 nonresident hunters."                                                         
  PREVIOUS SENATE COMMITTEE ACTION                                             
 HB 48 - See Transportation minutes dated 5/2/95.                              
 HB 292 - See Judiciary minutes dated 5/10/95.                                 
  WITNESS REGISTER                                                             
 Representative Brice                                                          
 Alaska State Capitol                                                          
 Juneau, Alaska  99811                                                         
  POSITION STATEMENT:    Sponsor of HB 48                                      
 Mike Lessmeier                                                                
 State Farm Insurance                                                          
 One Sealaska Plaza #303                                                       
 Juneau, Alaska  99801                                                         
  POSITION STATEMENT:    Supports HB 48                                        
 Representative Scott Ogan                                                     
 Alaska State Capitol                                                          
 Juneau, Alaska  99811-1182                                                    
  POSITION STATEMENT:  Sponsor of HB 292                                       
  ACTION NARRATIVE                                                             
 TAPE 95-34, SIDE A                                                            
 Number 001                                                                    
  CHAIRMAN ROBIN TAYLOR  called the meeting to order at 4:26 p.m.  The         
 first order of business was HB 48.                                            
              HB  48 MOTORCYCLE HELMET STANDARDS                              
 REPRESENTATIVE BRICE, sponsor of the measure, clarifies current               
 state policy and brings statutes into conformance with current                
 enforcement policies.                                                         
 MIKE LESSMEIER, representing State Farm Insurance Company,                    
 commented State Farm is in favor of mandatory motorcycle helmet               
 laws.  A 1992 study, published in the Journal of the American                
 Medical Association, indicates that statewide motorcycle fatalities          
 in California decreased by 37 1/2 percent the year after that state           
 adopted a mandatory motorcycle helmet law.                                    
 SENATOR TAYLOR noted mandating motorcyclists to wear helmets would            
 require a separate bill as the title of HB 48 is too narrow.                  
 SENATOR ADAMS moved CSHB 48(JUD) out of committee with individual             
 recommendations.  There being no objection, the motion carried.               
                HB 292 FISH & GAME ENFORCEMENT                                
 REPRESENTATIVE SCOTT OGAN, sponsor of HB 292, discussed the                   
 measure.  HB 292 classifies knowingly making false statements and             
 omissions on hunting and fishing licenses, tags and permits as                
 class A misdemeanors.  The making of false statements on the                  
 applications is a widespread problem, that is costing the state a             
 lot of money.  The Department of Public Safety supports HB 292.               
 SENATOR TAYLOR stated the exceptions provided for in Section 3                
 pertain to the affidavit that must be filed by a non-resident                 
 hunter going on a guided hunt.  If that affidavit is falsified,               
 that person can be charged with perjury, which is a class B felony.           
 If HB 292 is to pass, there will be three different standards.  The           
 first applies to applicants who buy licenses without being asked              
 for identification by the agent, and who falsify information.  The            
 penalty is $500.  If the applicant makes an unsworn falsification,            
 the penalty is a class A misdemeanor.  If the applicant is on a               
 guided hunt, and falsifies information, the penalty is a class B              
 REPRESENTATIVE OGAN commented he purchased a king salmon stamp at             
 a vendor last week.  The vendor asked whether he was a resident,              
 but did not care to see his license, after he asked.  The vendor              
 stated she did not care whether he was a resident or not.  That               
 experience affirmed his belief in the need for this legislation.              
 Number 139                                                                    
 SENATOR TAYLOR explained, for the record, the Senate Judiciary                
 committee substitute deletes the first provision of the bill, with            
 the cooperation of the sponsor.  The deleted section placed no                
 requirement on law enforcement officers to provide anything in                
 writing to properties searched without a warrant.  He felt it was             
 important to retain the notification of the intent to search                  
 provision because a written statement has to be made by the                   
 searching officer so that the citizen knows why his/her property is           
 being searched.  Because most of the searches would take place in             
 remote and isolated areas, it would not be too much of a burden for           
 the officer to provide a written statement justifying the search.             
 The search of premises and the privacy rights of citizens are too             
 important to jeopardize.                                                      
 SENATOR TAYLOR announced a quorum was present.  (Senator Adams had            
 left, and Senator Miller arrived.)                                            
 SENATOR GREEN moved to adopt the Senate Judiciary committee                   
 substitute for HB 292 (Utermohle, 5/10/95).  There being no                   
 objection, the motion carried.                                                
 SENATOR TAYLOR announced there was an accompanying Senate                     
 Concurrent Resolution to address the title change.  SENATOR GREEN             
 moved the adoption of the Senate Concurrent Resolution (Utermohle             
 A).  There being no objection, the motion carried.                            
 SENATOR GREEN moved SCS CSHB 292 (JUD) and the SCR out of committee           
 with individual recommendations.  There being no objection, the               
 motion carried.                                                               
 SENATOR TAYLOR adjourned the meeting at 4:40 p.m.                             

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