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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