Legislature(1995 - 1996)

04/24/1996 01:30 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                         April 24, 1996                                        
                           1:30 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                                                           
                                                                               
 Confirmation Hearings:                                                        
                                                                               
 Board of Governors of the Alaska Bar - Barbara Miklos                         
                                                                               
 State Commission for Human Rights -  Joyce Bamberger, Esq.                    
                                                                               
 Commission on Judicial Conduct - Sharon Nahorney                              
                                                                               
 Alaska Judicial Council - Vicki Otte                                          
                                                                               
 Violent Crimes Compensation Board - Carol Alley, M.D.                         
                                                                               
 Alaska Workers' Compensation Board -                                          
  Dorothy Bradshaw                                                             
  Harriet Lawlor                                                               
  Nancy Ridgley                                                                
  Philip Ulmer                                                                 
  James G. Williams                                                            
                                                                               
 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am                      
 "An Act relating to the confidentiality of certain information in             
 motor vehicle records."                                                       
                                                                               
 SENATE BILL NO. 324                                                           
 "An Act relating to punitive damages in a civil action for                    
 discrimination related to employment; relating to arbitration in a            
 civil action; amending Rules 79(b) and 82(b), Alaska Rules of Civil           
 Procedure, and repealing Rule 72.1, Alaska Rules of Civil                     
 Procedure; and providing for an effective date."  SCHEDULED BUT NOT           
 HEARD.                                                                        
                                                                               
 CS FOR HOUSE BILL NO. 295(2d JUD)                                             
 "An Act relating to forfeitures of property; and relating to the              
 custody and disposition of property in the custody of municipal law           
 enforcement agencies."                                                        
 HOUSE BILL NO. 90 am                                                          
 "An Act changing the date that the legislature convenes in the                
 years following a gubernatorial election; changing the date that              
 the term of a member of the legislature begins in the years                   
 following a gubernatorial election."                                          
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HB 110 - No previous Senate Committee action.                                 
                                                                               
 HB 295 - No previous Senate Committee action.                                 
                                                                               
 HB 90 - See State Affairs minutes dated 2/22/96.                              
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Joyce Bamberger                                                               
 1034 W. 22                                                                    
 Anchorage, AK  99503                                                          
  POSITION STATEMENT:   Commented on the Human Rights Commission               
                                                                               
 Eleanor Roser                                                                 
 c/o Representative Ramona Barnes                                              
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:   Testified for sponsor of HB 110                        
                                                                               
 Juanita Helmsley                                                              
 Division of Motor Vehicles                                                    
 P.O. Box 20020                                                                
 Juneau, AK  99811-0020                                                        
  POSITION STATEMENT:   Commented on HB 110                                    
                                                                               
 Daniella Loper                                                                
 c/o Representative Brian Porter                                               
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:   Testified for sponsor of HB 295                        
                                                                               
 Jonathan Sperber                                                              
 c/o Representative Bettye Davis                                               
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:   Testified for sponsor of HB 90                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 96-42, SIDE A                                                           
 Number 001                                                                    
                                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 2:12 p.m.  Present were Senators Miller, Adams, Green and            
 Taylor.  The committee took up the list of confirmations.                     
                                                                               
 SENATOR ADAMS stated he had no objection to the nominees and moved            
 the list of nominees from committee with a recommendation to the              
 Senate floor.                                                                 
                                                                               
 CHAIRMAN TAYLOR asked the nominees if they had any questions for              
 committee members.  JOYCE BAMBERGER encouraged committee members to           
 continue to fund the Commission for Human Rights.  The Commission             
 needs an additional $89,000 to maintain operations and prevent                
 further delays in investigative work.  She thanked committee                  
 members for the opportunity to speak.                                         
                                                                               
 CHAIRMAN TAYLOR thanked Ms. Bamberger for her comments.  There                
 being no objection to Senator Adams' motion, the list of nominees             
 was moved to the Senate floor.                                                
        HB 110 CONFIDENTIALITY OF MOTOR VEHICLE RECORDS                       
                                                                              
 Eleanor Roser, legislative aide to Representative Barnes, sponsor             
 of the measure, discussed HB 110.  Representative Barnes introduced           
 the bill at the request of two constituents who had experienced               
 stalking by persons who had obtained their addresses from DMV                 
 through license plate information.  Additionally, in 1994,                    
 confidentiality of license plate information was included in the              
 President's crime package.  The intent of the federal legislation             
 was to protect the personal privacy of persons licensed by states             
 to drive a motor vehicle, or persons who register a motor vehicle,            
 by prohibiting disclosure of information on drivers maintained by             
 the state.  This information is only to be disclosed under                    
 permissible uses.  The businesses that currently purchase the list            
 for dissemination to their customers, who are banks, credit unions,           
 insurance companies, etc., will still be able to do so, however               
 they will be required to abide by restrictions imposed by the                 
 federal act.  If Alaska is not in compliance with the federal law             
 by September 13, 1997, DMV employees could be liable for civil                
 fines of $2500 per day, or be in violation of state statute, and              
 the state could be subject to fines of $5,000 per day until                   
 compliance is reached.  HB 110 is supported by the Council on                 
 Domestic Violence and Sexual Assault and the Department of Public             
 Safety.                                                                       
                                                                               
 Number 094                                                                    
                                                                               
 SENATOR GREEN asked if a person who does asset checks and is a                
 process server would have access to information from DMV.                     
                                                                               
 JUANITA HENSLEY, Division of Motor Vehicles, explained process                
 servers would still be able to obtain the information because the             
 information would be used for a legitimate business purpose.  The             
 business would also be required to have a license through the                 
 Department of Public Safety to be a process server.                           
 SENATOR ADAMS moved CSSSHB 110(STA)am be moved from committee with            
 individual recommendations.  There being no objection, the motion             
 carried.                                                                      
       HB 295 PROPERTY HELD BY LAW ENFORCEMENT AGENCIES                       
                                                                              
 DANIELLA LOPER, legislative aide to Representative Porter, sponsor            
 of the measure, explained the legislation provides for cooperation            
 between municipal law enforcement and state law enforcement of                
 primarily drug trafficking offenses.  It ensures equitable transfer           
 of forfeited property to the appropriate state and local law                  
 enforcement agency to reflect the agencies' contribution in                   
 participating directly in any of the acts which led to seizure or             
 forfeiture of such property.  The bill specifies how the property             
 will be divided.                                                              
                                                                               
 SENATOR ADAMS moved HB 295 from committee with individual                     
 recommendations.  CHAIRMAN TAYLOR objected to the motion, and                 
 announced the bill would be held for one day.  SENATOR ADAMS                  
 withdrew his motion.                                                          
        HB  90 CONVENING LEGISLATURE AFTER GOV ELECTION                       
                                                                              
 JONATHAN SPERBER, legislative aide to Representative Bettye Davis,            
 sponsor of HB 90, stated if the measure passes, the legislature               
 would convene one day later, and as a result, adjourn one day                 
 later.  The same 120 day limit would be in place, but the                     
 legislature would convene on the third Tuesday in January.                    
                                                                               
 SENATOR ADAMS moved HB 90 am from committee with individual                   
 recommendations.  There being no objection, the motion carried.               
 CHAIRMAN TAYLOR adjourned the meeting at 2:22 p.m.                            
                                                                               

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