Legislature(2005 - 2006)BUTROVICH 205

03/16/2006 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 410 REVISOR'S BILL TELECONFERENCED
Moved CSHB 410(JUD) Out of Committee
+ HB 326 USE OF LEWD MATERIAL AS HARASSMENT TELECONFERENCED
Moved SCS CSHB 326(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 306 UNEMPLOYMENT INSURANCE FUND & TAXES
Moved SB 306 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 16, 2006                                                                                         
                           9:27 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 BILL NO. 306                                                                                                             
"An Act requiring  an employing unit with a  change in ownership,                                                               
management,  or   control  or   similar  change  to   notify  the                                                               
Department  of Labor  and Workforce  Development  of the  change;                                                               
relating to  the unemployment contribution  rate of  an employing                                                               
unit;  defining  'business'  for  purposes  of  statutes  setting                                                               
unemployment  contribution  rates;   establishing  the  crime  of                                                               
obtaining an  unemployment rate by  deception; and  providing for                                                               
an effective date."                                                                                                             
     MOVED SB 306 OUT OF COMMITTEE                                                                                              
                                                                                                                                
CS FOR HOUSE BILL NO. 410(JUD)                                                                                                  
"An Act  making corrective amendments  to the Alaska  Statutes as                                                               
recommended  by the  revisor of  statutes; and  providing for  an                                                               
effective date."                                                                                                                
     MOVED CSHB 410(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 326(JUD) am                                                                                               
"An Act relating to the definition of the crime of harassment."                                                                 
     MOVED SCS CSHB 326(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 306                                                                                                                  
SHORT TITLE: UNEMPLOYMENT INSURANCE FUND & TAXES                                                                                
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
02/23/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/23/06       (S)       L&C JUD                                                                                                
03/02/06       (S)       L&C AT 2:00 PM BELTZ 211                                                                               
03/02/06       (S)       -- Meeting Canceled --                                                                                 
03/07/06       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/07/06       (S)       Moved SB 306 Out of Committee                                                                          
03/07/06       (S)       MINUTE(L&C)                                                                                            
03/09/06       (S)       L&C RPT 3DP                                                                                            
03/09/06       (S)       DP: BUNDE, DAVIS, STEVENS B                                                                            
03/15/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/15/06       (S)       Heard & Held                                                                                           
03/15/06       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
BILL: HB 410                                                                                                                  
SHORT TITLE: REVISOR'S BILL                                                                                                     
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
01/30/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        

01/30/06 (H) JUD 02/22/06 (H) JUD AT 2:30 PM CAPITOL 120 02/22/06 (H) Moved CSHB 410(JUD) Out of Committee 02/22/06 (H) MINUTE(JUD) 02/24/06 (H) JUD RPT CS(JUD) 4DP 02/24/06 (H) DP: COGHILL, ANDERSON, GRUENBERG, MCGUIRE 03/01/06 (H) TRANSMITTED TO (S) 03/01/06 (H) VERSION: CSHB 410(JUD) 03/03/06 (S) READ THE FIRST TIME - REFERRALS 03/03/06 (S) JUD 03/16/06 (S) JUD AT 8:30 AM BUTROVICH 205 BILL: HB 326 SHORT TITLE: USE OF LEWD MATERIAL AS HARASSMENT SPONSOR(s): REPRESENTATIVE(s) MEYER, LYNN

01/09/06 (H) PREFILE RELEASED 12/30/05

01/09/06 (H) READ THE FIRST TIME - REFERRALS

01/09/06 (H) JUD, FIN

01/18/06 (H) JUD AT 1:00 PM CAPITOL 120

01/18/06 (H) Moved CSHB 326(JUD) Out of Committee

01/18/06 (H) MINUTE(JUD)

01/26/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519

01/26/06 (H) <Bill Hearing Postponed>

01/27/06 (H) JUD AT 1:00 PM CAPITOL 120

01/27/06 (H) Moved New CSHB 326(JUD) Out of Committee

01/27/06 (H) MINUTE(JUD)

01/30/06 (H) JUD RPT CS(JUD) NT 4DP 1AM

01/30/06 (H) DP: GRUENBERG, WILSON, COGHILL, MCGUIRE;

01/30/06 (H) AM: ANDERSON

01/31/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519

01/31/06 (H) Moved CSHB 326(JUD) Out of Committee

01/31/06 (H) MINUTE(FIN) 02/01/06 (H) FIN RPT CS(JUD) NT 4DP 3NR 02/01/06 (H) DP: FOSTER, MOSES, KERTTULA, MEYER; 02/01/06 (H) NR: WEYHRAUCH, STOLTZE, HAWKER 02/22/06 (H) TRANSMITTED TO (S) 02/22/06 (H) VERSION: CSHB 326(JUD) AM 02/23/06 (S) READ THE FIRST TIME - REFERRALS 02/23/06 (S) JUD, FIN 03/16/06 (S) JUD AT 8:30 AM BUTROVICH 205 WITNESS REGISTER Jane Alberts, Legislative Aide Staff to Senator Con Bunde Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on SB 306 Paula Scavera, Special Assistant Department of Labor & Workforce Development PO Box 21149 Juneau, AK 99802-1149 POSITION STATEMENT: Commented on SB 306 Pamela Finley, Attorney Legal Services Staff Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Presented and answered questions on HB 410 Representative Kevin Meyer Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Sponsor of HB 326 Mike Pawlowski, Legislative Aide Staff to Representative Kevin Meyer Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on HB 326 Heather Brakes, Legislative Aide Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on HB 326 Annie Carpeneti, Assistant Attorney General Department of Law PO Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Commented on HB 326 ACTION NARRATIVE CHAIR RALPH SEEKINS called the Senate Judiciary Standing Committee meeting to order at 9:27:43 AM. Present were Senators Hollis French, Charlie Huggins, Gene Therriault, and Chair Ralph Seekins. SB 306-UNEMPLOYMENT INSURANCE FUND & TAXES 9:28:49 AM CHAIR RALPH SEEKINS announced SB 306 to be up for consideration. He noted there was no one signed up to testify and so he closed public testimony. SENATOR HOLLIS FRENCH asked whether there was any formal opposition to the bill. JANE ALBERTS, staff to Senator Con Bunde, said the bill was brought forward on the behalf of the Department of Labor and Workforce Development and they have not heard any opposition. 9:30:44 AM PAULA SCAVERA, Special Assistant, Alaska Department of Labor and Workforce Development (DOLWD) testified that her department supports the bill. Knowing that Senator Guess has questions regarding the bill, she contacted her office and requested her to let them know if she had concerns. They have not heard from her. SENATOR GENE THERRIAULT moved SB 306 from committee with individual recommendations and attached zero fiscal notes. Hearing no objections, the motion carried. HB 410-REVISOR'S BILL 9:32:26 AM CHAIR RALPH SEEKINS announced HB 410 to be up for consideration. PAMELA FINLEY, Revisor, Legal Services, introduced HB 410 and explained to the committee that the bill was required by statute for the purpose of clean up errors in the statute when the policy has been decided and is clear. The source of the revisions is their own review, suggestions from the Executive Branch and members of the public. She offered to answer questions. SENATOR GENE THERRIAULT asked the reason for Sections 27 and 29 of the bill. MS. FINLEY said the statute was renumbered to keep the references to money in the same provisions. SENATOR THERRIAULT asked what would happen if the change wasn't made. MS. FINLEY said the court would construe it to read as it reads. She said it should be cleared up so that wouldn't be necessary. 9:34:16 AM SENATOR THERRIAULT asked Ms. Finley her criteria for evaluating the difference between pure clean up and substantive change. MS. FINLEY explained, for example, Section 17 on page 6 established a division of worker's compensation because SB 130 created the division and kept talking about the director but it was never established in statute. She said the only thing she didn't know was who would appoint the director and so she used the standard procedure of the commissioner appointing the director. That was an example of a substantive change. 9:36:37 AM SENATOR THERRIAULT moved CSHB 410(JUD) from committee with individual recommendations. Hearing no objections, the motion carried. HB 326-USE OF LEWD MATERIAL AS HARASSMENT 9:40:02 AM CHAIR RALPH SEEKINS announced HB 326 to be up for consideration. SENATOR GRETCHEN GUESS joined the committee. REPRESENTATIVE KEVIN MEYER introduced HB 326. The bill would add the posting, publishing or distribution of lewd and obscene pictures into the current definition of harassment. The definition in current statute is limited to obscene electronic communication. The conduct prohibited by HB 326 is limited to lewd and obscene because of the fine line between freedom of expression and an individual's right to be free from harassment. The current harassment definition has been challenged and has held up and so it appears it is a solid statute. 9:43:02 AM SENATOR GENE THERRIAULT asked the reason for no immediate effective date. REPRESENTATIVE MEYER said there was no reason. MIKE PAWLOWSKI, staff to Representative Meyer, said it had not been previously brought up and that the sponsor had no objection over an immediate effective date. SENATOR THERRIAULT asked whether that would trigger a title change. HEATHER BRAKES, staff to Senator Therriault, said she questioned the drafters about that and they indicated adding an immediate effective date would not trigger a title change resolution since it would be a technical change. 9:45:20 AM SENATOR THERRIAULT moved Amendment 1. Add an immediate effective date. ANNIE CARPENETI, Assistant Attorney General, Department of Law (DOL), said the DOL had no objection to the bill. Hearing no objections, Amendment 1 was adopted. SENATOR THERRIAULT asked Ms. Carpeneti whether the committee needed to add a statement saying the effective date would be applicable to crimes that were committed after. MS. CARPENETI said criminal statutes do apply perspectively so it would probably not be necessary. CHAIR SEEKINS asked the definition of "sexual act." MS. CARPENETI responded it was defined in AS 11.41.470 (6) as "sexual contact or sexual penetration." 9:47:31 AM SENATOR FRENCH said this kind of harassment is seen often in domestic violence. He asked Representative Meyer for clarification of whom the bill would be targeting. REPRESENTATIVE MEYER said the intent was to cover the person who was being harassed. Sending emails is already covered in statute. It is intended to cover incidences of people producing lewd pictures of somebody that they wish to annoy. 9:50:06 AM CHAIR SEEKINS noted he read AS 11.61.120(a)(4) as vague. SENATOR FRENCH clarified that the intent would have to be to annoy or harass the person. CHAIR SEEKINS said it wouldn't necessarily be connected to any threat of physical injury or sexual contact. SENATOR FRENCH said even an anonymous phone call could be harassment if the intent is to harass. 9:53:45 AM CHAIR SEEKINS asked Ms. Carpeneti whether the DOL supported the bill. MS. CARPENETI responded in affirmation. CHAIR SEEKINS closed public testimony. SENATOR CHARLIE HUGGINS moved SCS CSHB 326(JUD) from committee with individual recommendations and attached fiscal notes. Hearing no objections, the motion carried. 9:54:22 AM brief recess 9:57:48 AM There being no further business to come before the committee, Chair Seekins adjourned the meeting at 9:58:00 AM.

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