Legislature(2005 - 2006)BUTROVICH 205

04/30/2005 09:00 AM JUDICIARY


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09:30:38 AM Start
09:31:30 AM SJR15
09:49:14 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Adjourned 2:15 pm --
+= SB 125 LICENSING MEDICAL OR CARE FACILITIES TELECONFERENCED
Scheduled But Not Heard
+= SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS TELECONFERENCED
Scheduled But Not Heard
+ SB 165 CARD ROOMS & OPERATIONS TELECONFERENCED
Scheduled But Not Heard
+= SB 186 EXECUTIVE BRANCH ETHICS TELECONFERENCED
Scheduled But Not Heard
+= SB 187 LEGISLATIVE ETHICS/MEETINGS TELECONFERENCED
Scheduled But Not Heard
+ SJR 15 BAN LAWSUITS AGAINST FIREARMS INDUSTRY TELECONFERENCED
Moved SJR 15 Out of Committee
+ HB 33 EFFECT OF REGULATIONS ON SMALL BUSINESSES TELECONFERENCED
Scheduled But Not Heard
+= HB 81 CONTRACTOR LICENSE ENFORCEMENT TELECONFERENCED
Scheduled But Not Heard
+= HB 149 CONTROLLED SUBSTANCES TELECONFERENCED
Scheduled But Not Heard
+ HB 183 CAMPAIGN FINANCE: SHARED EXPENSES/LISTS TELECONFERENCED
Scheduled But Not Heard
+= HB 184 MUNICIPAL FIREARM ORDINANCES TELECONFERENCED
Scheduled But Not Heard
+ HB 210 BLOODBORNE PATHOGEN TESTING TELECONFERENCED
Scheduled But Not Heard
<Bill listing does not indicate the order
in which each will be taken up>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 30, 2005                                                                                         
                           9:30 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 15                                                                                                  
Requesting the  United States Congress  to end the abuse  of tort                                                               
laws against the firearms industry.                                                                                             
                                                                                                                                
     MOVED SJR 15 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 125                                                                                                             
"An Act  relating to the licensing,  regulation, enforcement, and                                                               
appeal  rights of  ambulatory surgical  centers, assisted  living                                                               
homes, child  care facilities,  child placement  agencies, foster                                                               
homes,  free-standing   birth  centers,  home   health  agencies,                                                               
hospices  or  agencies  providing  hospice  services,  hospitals,                                                               
intermediate   care  facilities   for   the  mentally   retarded,                                                               
maternity  homes,  nursing  facilities,  residential  child  care                                                               
facilities, residential psychiatric  treatment centers, and rural                                                               
health clinics; relating to criminal  history requirements, and a                                                               
registry, regarding certain  licenses, certifications, approvals,                                                               
and  authorizations  by  the  Department  of  Health  and  Social                                                               
Services;  making conforming  amendments;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 127                                                                                                             
"An Act prohibiting a public  officer from taking official action                                                               
regarding a matter in which  the public officer has a significant                                                               
financial interest;  and defining 'official action'  for purposes                                                               
of  the chapter  generally referred  to as  the Executive  Branch                                                               
Ethics Act."                                                                                                                    
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 165                                                                                                             
"An Act relating to card rooms and card operations."                                                                            
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 186                                                                                                             
"An Act relating to the Alaska Executive Branch Ethics Act."                                                                    
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 187                                                                                                             
"An Act relating to legislative  ethics open meetings guidelines,                                                               
to  the public  members of  the Select  Committee on  Legislative                                                               
Ethics, to  alternate members  of the  legislative subcommittees,                                                               
to  advisory  opinions,  and   to  confidential  information  and                                                               
proceedings   regarding   legislative   ethics   complaints   and                                                               
investigations."                                                                                                                
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 33(FIN)                                                                                                   
"An Act  relating to required  notification of the  Department of                                                               
Commerce,  Community, and  Economic Development,  economic effect                                                               
statements,  and regulatory  flexibility  analyses regarding  the                                                               
adoption  of regulations  that may  govern the  conduct of  small                                                               
businesses;  relating to  a private  cause of  action, regulation                                                               
invalidation,   and   judicial   review   related   to   required                                                               
notification,   economic   effect  statements,   and   regulatory                                                               
flexibility  analyses for  the adoption  of regulations  that may                                                               
govern  the conduct  of small  businesses; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 81(L&C)                                                                                                   
"An  Act establishing  an administrative  fine and  procedure for                                                               
construction  contractors  in certain  circumstances;  increasing                                                               
the amount of a civil penalty  for persons acting in the capacity                                                               
of contractors  or home inspectors;  modifying the elements  of a                                                               
crime   involving   contractor   registration   and   residential                                                               
contractors; modifying  the exemptions  from regulation  under AS                                                               
08.18 for contractors; and  exempting the administrative hearings                                                               
for imposing  an administrative fine on  construction contractors                                                               
from  the  hearings conducted  by  the  office of  administrative                                                               
hearings in the Department of Administration."                                                                                  
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 149(FIN) am                                                                                               
"An  Act  relating  to controlled  substances;  relating  to  the                                                               
crimes of manslaughter,  endangering the welfare of  a child, and                                                               
misconduct  involving a  controlled  substance;  relating to  the                                                               
manufacture of  methamphetamine and to the  sale, possession, and                                                               
delivery  of  certain  substances  and  precursors  used  in  the                                                               
manufacture  of  methamphetamine;  relating  to  listing  certain                                                               
anabolic steroids as controlled  substances; and providing for an                                                               
effective date."                                                                                                                
CS FOR HOUSE BILL NO. 183(JUD) am                                                                                               
"An Act relating to the  use of campaign contributions for shared                                                               
campaign  activity   expenses  and  to  reimbursement   of  those                                                               
expenses;  and  amending  the  definition  of  'contribution'  in                                                               
regard  to  sharing  fundraising  lists  between  candidates  and                                                               
political parties without compensation."                                                                                        
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 183(JUD) am                                                                                               
"An Act relating to the  use of campaign contributions for shared                                                               
campaign  activity   expenses  and  to  reimbursement   of  those                                                               
expenses;  and  amending  the  definition  of  'contribution'  in                                                               
regard  to  sharing  fundraising  lists  between  candidates  and                                                               
political parties without compensation."                                                                                        
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
HOUSE BILL NO. 184 am                                                                                                           
"An Act relating to firearms."                                                                                                  
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 210(JUD)                                                                                                  
"An Act relating  to blood testing of certain  persons alleged to                                                               
have committed  certain offenses  directed toward  peace officers                                                               
or emergency workers."                                                                                                          
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 15                                                                                                                  
SHORT TITLE: BAN LAWSUITS AGAINST FIREARMS INDUSTRY                                                                             
SPONSOR(s): SENATOR(s) HUGGINS                                                                                                  
                                                                                                                                
03/09/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/09/05       (S)       L&C, JUD                                                                                               
04/21/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/21/05       (S)       Moved SJR 15 Out of Committee                                                                          
04/21/05       (S)       MINUTE(L&C)                                                                                            
04/22/05       (S)       L&C RPT 3DP 1NR                                                                                        
04/22/05       (S)       DP: BUNDE, SEEKINS, STEVENS B                                                                          
04/22/05       (S)       NR: DAVIS                                                                                              
04/30/05       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Senator Charlie Huggins                                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced SJR 15                                                                                        
                                                                                                                                
Ms. Karen Sawyer                                                                                                                
Staff to Senator Huggins                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Commented on SJR 15                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 9:30:38 AM.  Present were Senators                                                             
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
Seekins.                                                                                                                        
                                                                                                                                
         SJR 15-BAN LAWSUITS AGAINST FIREARMS INDUSTRY                                                                      
                                                                                                                                
9:31:30 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SJR 15 to be up for consideration.                                                                
                                                                                                                                
SENATOR CHARLIE  HUGGINS introduced SJR  15. The State  of Alaska                                                               
would be  sending a message saying  the citizens do not  like the                                                               
legal  approach  of  shutting   down  an  industry  that  Alaskan                                                               
citizens fully support.                                                                                                         
                                                                                                                                
MS.  KAREN SAWYER,  staff to  Senator Huggins,  commented SJR  15                                                               
would end tort  law abuse against the  firearm industry. Lawsuits                                                               
force  law-abiding  businesses  to   pay  for  criminal  acts  by                                                               
individuals beyond their control.  Lawsuits do nothing to control                                                               
gun violence.                                                                                                                   
                                                                                                                                
SENATOR HUGGINS commented National  Rifle Association (NRA) money                                                               
helps communities.                                                                                                              
                                                                                                                                
9:35:05 AM                                                                                                                    
CHAIR  RALPH SEEKINS  admitted  he  has to  buy  a  new gun  safe                                                               
because his large one is  full. His grandson recently finished an                                                               
NRA safety class.  He routinely enrolls his family  in gun safety                                                               
classes.  It is  an  Alaskan  right and  heritage  to safely  use                                                               
firearms for useful purposes.                                                                                                   
                                                                                                                                
9:40:32 AM                                                                                                                    
SENATOR   GRETCHEN  GUESS   clarified  the   committee  was   not                                                               
discussing a firearm malfunctioning type of lawsuit.                                                                            
                                                                                                                                
SENATOR HUGGINS answered no.  Manufacturers are forced ridiculous                                                               
measures to protect themselves against frivolous lawsuits.                                                                      
                                                                                                                                
9:42:24 AM                                                                                                                    
SENATOR HOLLIS FRENCH referred to  a letter provided by Mr. Brian                                                               
Judy that informs  people could still sue  for product liability.                                                               
He expressed support of SJR 15.                                                                                                 
                                                                                                                                
9:44:18 AM                                                                                                                    
CHAIR SEEKINS asserted SJR 15  does not absolve someone who sells                                                               
a  firearm  to  someone  knowing  that  person  will  use  it  in                                                               
violation of the law.                                                                                                           
                                                                                                                                
SENATOR  HUGGINS  moved SJR  15  from  committee with  individual                                                               
recommendations  and  attached  fiscal note(s).  There  being  no                                                               
objection, the motion carried.                                                                                                  
                                                                                                                                
CHAIR SEEKINS  recessed the meeting to  the call of the  chair at                                                               
9:49:14 AM.                                                                                                                   

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