Legislature(2005 - 2006)BUTROVICH 205

05/06/2006 09:00 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 347 MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES TELECONFERENCED
Moved SCS CSHB 347(JUD) Out of Committee
+ HB 482 SCHOOL:BULLYING/HARASSMENT/INTIMIDATION TELECONFERENCED
Moved SCS CSHB 482(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                          May 6, 2006                                                                                           
                           9:17 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 were present                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 347(JUD) am                                                                                               
"An Act  relating to mandatory  motor vehicle  insurance, license                                                               
suspensions, mandatory  impoundments of vehicles used  in certain                                                               
offenses,  notices  relating  to   motor  vehicles,  and  notices                                                               
relating to driver's licenses."                                                                                                 
     MOVED SCS CSHB 347(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 482(JUD)                                                                                                  
"An Act relating to harassment, intimidation, and bullying in                                                                   
schools."                                                                                                                       
     MOVED SCS CSHB 482(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 347                                                                                                                  
SHORT TITLE: MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES                                                                           
SPONSOR(s): REPRESENTATIVE(s) GARA, LYNN                                                                                        
                                                                                                                                
01/09/06       (H)       PREFILE RELEASED 1/6/06                                                                                
01/09/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/09/06       (H)       STA, JUD                                                                                               
01/31/06       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/31/06       (H)       Heard & Held                                                                                           
01/31/06       (H)       MINUTE(STA)                                                                                            
02/14/06       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/14/06       (H)       Heard & Held                                                                                           
02/14/06       (H)       MINUTE(STA)                                                                                            
02/16/06       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/16/06       (H)       Moved CSHB 347(STA) Out of Committee                                                                   
02/16/06       (H)       MINUTE(STA)                                                                                            
02/17/06       (H)       STA RPT CS(STA) NT 3DP 3NR                                                                             
02/17/06       (H)       DP: GARDNER, GATTO, SEATON;                                                                            
02/17/06       (H)       NR: GRUENBERG, ELKINS, RAMRAS                                                                          
03/31/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/31/06       (H)       Heard & Held                                                                                           
03/31/06       (H)       MINUTE(JUD)                                                                                            
04/07/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/07/06       (H)       Moved CSHB 347(JUD) Out of Committee                                                                   
04/07/06       (H)       MINUTE(JUD)                                                                                            
04/10/06       (H)       JUD RPT CS(JUD) NT 5DP 1AM                                                                             
04/10/06       (H)       DP: GARA, WILSON, KOTT, GRUENBERG,                                                                     
                         MCGUIRE;                                                                                               
04/10/06       (H)       AM: ANDERSON                                                                                           
04/21/06       (H)       BEFORE THE HOUSE                                                                                       
04/21/06       (H)       TRANSMITTED TO (S)                                                                                     
04/21/06       (H)       VERSION: CSHB 347(JUD) AM                                                                              
04/22/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/22/06       (S)       STA, JUD                                                                                               
04/27/06       (S)       STA AT 3:30 PM BELTZ 211                                                                               
04/27/06       (S)       -- Meeting Canceled --                                                                                 
05/02/06       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
05/02/06       (S)       Scheduled But Not Heard                                                                                
05/03/06       (S)       STA AT 3:30 PM BELTZ 211                                                                               
05/03/06       (S)       SUPPORTING VETERANS HOME OWNERSHIP ACT                                                                 
05/04/06       (S)       STA RPT    2NR 3DP                                                                                     
05/04/06       (S)       NR: THERRIAULT, HUGGINS                                                                                
05/04/06       (S)       DP: ELTON, WAGONER, DAVIS                                                                              
05/06/06       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 482                                                                                                                  
SHORT TITLE: SCHOOL:BULLYING/HARASSMENT/INTIMIDATION                                                                            
SPONSOR(s): REPRESENTATIVE(s) ANDERSON                                                                                          
                                                                                                                                
02/13/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/06       (H)       EDU, HES, JUD                                                                                          
03/16/06       (H)       EDU AT 11:00 AM CAPITOL 106                                                                            
03/16/06       (H)       Moved CSHB 482(EDU) Out of Committee                                                                   
03/16/06       (H)       MINUTE(EDU)                                                                                            
03/20/06       (H)       EDU RPT CS(EDU) 1DNP 3NR 1AM                                                                           
03/20/06       (H)       DNP: LYNN;                                                                                             
03/20/06       (H)       NR: GARA, THOMAS, NEUMAN;                                                                              
03/20/06       (H)       AM: GATTO                                                                                              
04/03/06       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
04/04/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/04/06       (H)       <Bill Hearing Postponed to 04/06/06>                                                                   
04/06/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/06/06       (H)       -- Rescheduled from 04/04/06 --                                                                        
04/10/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/10/06       (H)       <Bill Hearing Postponed to 04/12/06>                                                                   
04/11/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/11/06       (H)       Moved CSHB 482(HES) Out of Committee                                                                   
04/11/06       (H)       MINUTE(HES)                                                                                            
04/12/06       (H)       HES RPT CS(HES) 4DP 1DNP 1AM                                                                           
04/12/06       (H)       DP: CISSNA, GARDNER, ANDERSON, SEATON;                                                                 
04/12/06       (H)       DNP: GATTO;                                                                                            
04/12/06       (H)       AM: WILSON                                                                                             
04/12/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/12/06       (H)       Moved CSHB 482(JUD) Out of Committee                                                                   
04/12/06       (H)       MINUTE(JUD)                                                                                            
04/14/06       (H)       JUD RPT CS(JUD) 5DP 1NR                                                                                
04/14/06       (H)       DP: GARA, KOTT, WILSON, ANDERSON,                                                                      
                         MCGUIRE;                                                                                               
04/14/06       (H)       NR: COGHILL                                                                                            
04/21/06       (H)       FIN REFERRAL WAIVED                                                                                    
04/24/06       (H)       TRANSMITTED TO (S)                                                                                     
04/24/06       (H)       VERSION: CSHB 482(JUD)                                                                                 
04/24/06       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/24/06       (H)       <Bill Hearing Canceled>                                                                                
04/25/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/25/06       (S)       HES, JUD                                                                                               
05/01/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
05/01/06       (S)       Scheduled But Not Heard                                                                                
05/05/06       (S)       HES RPT 3NR 1DP                                                                                        
05/05/06       (S)       NR: DYSON, WILKEN, OLSON                                                                               
05/05/06       (S)       DP: ELTON                                                                                              
05/05/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
05/05/06       (S)       Moved CSHB 482(JUD) Out of Committee                                                                   
05/05/06       (S)       MINUTE(HES)                                                                                            
05/06/06       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Representative Les Gara                                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Introduced HB 347                                                                                        
                                                                                                                                
Duane Bannock, Director                                                                                                         
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
PO Box 110200                                                                                                                   
Juneau, AK  99811-0200                                                                                                          
POSITION STATEMENT:  Commented on HB 347                                                                                      
                                                                                                                                
Representative Tom Anderson                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Introduced HB 48                                                                                         
                                                                                                                                
Crystal Novatney, Legislative Aide                                                                                              
Staff to Representative Anderson                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Introduced HB 482                                                                                        
                                                                                                                                
Tom Harvey, Executive Director                                                                                                  
NEA Alaska                                                                                                                      
114 Second St.                                                                                                                  
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Testified in support of HB 482                                                                           
                                                                                                                                
Judy Komorowski                                                                                                                 
Tok, Alaska                                                                                                                     
POSITION STATEMENT:  Testified in support of HB 482                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 9:17:58 AM.  Present were Senators                                                             
Hollis French,  Gretchen Guess, Charlie Huggins,  and Chair Ralph                                                               
Seekins.                                                                                                                        
                                                                                                                                
        HB 347-MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES                                                                     
                                                                                                                                
9:18:12 AM                                                                                                                    
CHAIR  RALPH SEEKINS  announced CSHB  347(JUD)  am to  be up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  LES GARA,  bill sponsor,  introduced the  HB 347.                                                               
The  bill would  close a  loophole that  has caused  a number  of                                                               
drivers  to  be  charged  criminally  for  driving  without  auto                                                               
insurance when, in fact, they had insurance.                                                                                    
                                                                                                                                
The problem lies  with the process of  vehicle accident paperwork                                                               
with the Department of Motor  Vehicles (DMV). Drivers involved in                                                               
an accident  are required  to fill out  paperwork and  prove that                                                               
they carry insurance. If they fail  to do so, the DMV is required                                                               
to send a  reminder notice to the address in  their database even                                                               
if  there is  a more  current address  on the  police report.  To                                                               
solve the problem,  HB 347 provides that the DMV  should send the                                                               
required information to the driver's last known address.                                                                        
                                                                                                                                
9:22:03 AM                                                                                                                    
The bill would increase the  penalty for uninsured motorists. The                                                               
bill would  also allow for  the impoundment of vehicles  that are                                                               
used under  the offenses of  driving while suspended  and driving                                                               
under  the  influence of  intoxicants.  The  decision whether  to                                                               
impound the vehicle would be left up to local law enforcement.                                                                  
                                                                                                                                
9:23:11 AM                                                                                                                    
Senator Gene Therriault joined the committee.                                                                                   
                                                                                                                                
DUANE BANNOCK,  Director, DMV, testified  that the DMV  loves the                                                               
bill.  He  directed  his  comments   to  Section  4  and  gave  a                                                               
hypothetical  example  of  a person  involved  in  an  automobile                                                               
accident. The  law requires that  for every accident  that incurs                                                               
over  $500 worth  of  damage that  the DMV  must  be notified  in                                                               
writing  of  the  name  of the  insurance  company.  For  various                                                               
reasons  many people  do not  do  that. Sometimes  the person  is                                                               
whisked away to the hospital  and sometimes people think that the                                                               
police paperwork fulfilled that requirement.                                                                                    
                                                                                                                                
At any rate, after the DMV  receives the police report, they look                                                               
for the yellow notification form and  if they don't find it, they                                                               
send  the notification  letter. By  law, the  DMV is  required to                                                               
send the  notice to  the address  in their  records even  if they                                                               
know the address  in their database is incorrect and  even if the                                                               
address  on  the  police  report  is  updated  and  known  to  be                                                               
accurate. As a  result, the customer never  gets the notification                                                               
and has their license suspended without knowing it.                                                                             
                                                                                                                                
9:29:36 AM                                                                                                                    
CHAIR SEEKINS asked  Mr. Bannock whether the  police are required                                                               
to  have the  person  fill out  the yellow  form  while they  are                                                               
performing the accident investigation.                                                                                          
                                                                                                                                
MR.  BANNOCK  said yes  but  for  some  reason they  often  don't                                                               
fulfill  that requirement.  He  suggested  that a  representative                                                               
from the Department of Public Safety respond to the question.                                                                   
                                                                                                                                
CHAIR  SEEKINS referred  to Section  4(f) and  asked how  the DMV                                                               
would decide where to send the notification.                                                                                    
                                                                                                                                
MR. BANNOCK  replied the DMV  would send  the notice to  the most                                                               
recent date of address.                                                                                                         
                                                                                                                                
9:32:18 AM                                                                                                                    
CHAIR SEEKINS expressed concern  with Section 5 because sometimes                                                               
vehicles  get impounded  when someone  other than  the owner  was                                                               
driving. Often times the owner has to  pay a storage fee of up to                                                               
$200 a  day. The  same thing  happens in the  position of  a lien                                                               
holder.  The way  Section  5  is written,  it  would establish  a                                                               
secondary lien on  the vehicle and would establish  that the lien                                                               
holder could only get their vehicle  back if they pay the accrued                                                               
cost of towing and storage of the vehicle.                                                                                      
                                                                                                                                
9:34:58 AM                                                                                                                    
CHAIR SEEKINS added  he has seen the situation  happen many times                                                               
where people  lose their vehicles  because they don't  know where                                                               
they  are. He  recounted an  anecdotal story  and said  he had  a                                                               
problem with  an "uncontrolled ability"  to accrue  storage costs                                                               
and create  a lien  that would  give de  facto possession  of the                                                               
vehicle to someone other than the real owner.                                                                                   
                                                                                                                                
9:37:40 AM                                                                                                                    
SENATOR FRENCH  informed the committee  that he had  an amendment                                                               
to address that concern.                                                                                                        
                                                                                                                                
9:38:00 AM at ease 9:40:21 AM                                                                                               
                                                                                                                                
SENATOR FRENCH moved Amendment 1.                                                                                               
                                                                                                                                
                                                     24-LS1372\YA.1                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 347(JUD) am                                                                                                      
                                                                                                                                
Page 1, lines 1 - 2:                                                                                                            
     Delete "mandatory impoundments of vehicles used in certain                                                               
offenses,"                                                                                                                    
                                                                                                                                
Page 2, lines 12 - 20:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Hearing no objections, Amendment 1 was adopted.                                                                                 
                                                                                                                                
SENATOR  GUESS moved  SCS  CSHB 347(JUD)  out  of committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
         HB 482-SCHOOL:BULLYING/HARASSMENT/INTIMIDATION                                                                     
                                                                                                                                
9:46:08 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  482(JUD)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE TOM  ANDERSON, bill  sponsor, introduced  the bill                                                               
and  advised the  committee  that  a member  of  his staff  would                                                               
explain the details.                                                                                                            
                                                                                                                                
CRYSTAL  NOVATNEY, Staff  to  Representative Anderson,  explained                                                               
that HB  482 addresses the  growing problem of "bullying"  in the                                                               
schools.   Bullying  has   a  negative   effect  on   the  social                                                               
environment  and  on  the  emotional and  mental  well  being  of                                                               
children. Recent studies suggest  that bullying creates a climate                                                               
of  fear among  students, inhibits  their ability  to learn,  and                                                               
leads to other anti-social behavior.                                                                                            
                                                                                                                                
The  bill  would  require  school  districts,  city  and  borough                                                               
offices  of  education,  law  enforcement  agencies,  and  youth-                                                               
serving agencies to develop  and implement interagency strategies                                                               
on  bullying and  harassment. Currently  21  states have  similar                                                               
laws  and  another 24  states  are  in  the process  of  adopting                                                               
similar legislation.                                                                                                            
                                                                                                                                
9:49:32 AM                                                                                                                    
SENATOR  GRETCHEN GUESS  referred to  page  3, line  2 and  asked                                                               
whether the  bill would open  up the  ability for a  volunteer or                                                               
student to be sued.                                                                                                             
                                                                                                                                
MS.  NOVATNEY  advised that  was  not  the  intent and  that  the                                                               
language mirrored statutes from other states.                                                                                   
                                                                                                                                
REPRESENTATIVE  ANDERSON  listed  the states  that  have  similar                                                               
legislation.                                                                                                                    
                                                                                                                                
CHAIR  SEEKINS said  he would  be  interested in  knowing if  the                                                               
other states require an affirmative  duty to report if the school                                                               
employee, volunteer or student saw evidence of bullying.                                                                        
                                                                                                                                
9:53:03 AM                                                                                                                    
SENATOR HOLLIS  FRENCH noted  a person could  construct a  set of                                                               
facts under which the failure to  report was so egregious that it                                                               
would  rise  to  a  level   of  action.  People  should  be  held                                                               
responsible  for what  happens at  school, he  said. The  problem                                                               
with granting  immunity to everyone  at school is that  there are                                                               
cases where a person is aware  of the bullying but doesn't report                                                               
it.                                                                                                                             
                                                                                                                                
CHAIR SEEKINS commented that the  bill has no requirement for the                                                               
person to report it. It is encouraged but not required.                                                                         
                                                                                                                                
9:55:10 AM                                                                                                                    
REPRESENTATIVE ANDERSON  said he would be  willing to incorporate                                                               
changes to strengthen the bill.                                                                                                 
                                                                                                                                
9:56:27 AM at ease 10:18:52 AM.                                                                                             
                                                                                                                                
CHAIR SEEKINS asked for amendments.                                                                                             
                                                                                                                                
SENATOR  CHARLIE HUGGINS  moved  Amendment 1.  Page  2, line  26,                                                               
delete  "is  encouraged  to"  and   insert  "shall."  Hearing  no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
10:19:49 AM                                                                                                                   
SENATOR  HUGGINS moved  Amendment 2.  Page 3,  line 2  delete the                                                               
word "promptly." Line  4 delete "an appropriate"  and insert "a",                                                               
delete "and in  compliance with the procedures  in the district's                                                               
policy  prohibiting   harassment,  intimidation,   or  bullying."                                                               
Hearing no objections, the motion carried.                                                                                      
                                                                                                                                
SENATOR HUGGINS moved Amendment 3.  Page 3, line 11 following the                                                               
word  "act," delete  the words  "including an  act directed  at a                                                               
student because  of that person's  race, age, sex,  color, creed,                                                               
sexual orientation,  physical or mental disability,  ancestry, or                                                               
national   origin  or   other  distinguishing   characteristics."                                                               
Hearing no objections, the motion carried.                                                                                      
                                                                                                                                
10:21:59 AM                                                                                                                   
SENATOR FRENCH  asked whether  that would  include the  nurse and                                                               
the janitor.                                                                                                                    
                                                                                                                                
SENATOR HUGGINS said yes.                                                                                                       
                                                                                                                                
SENATOR GENE  THERRIAULT agreed  and said the  janitor is  a paid                                                               
professional  in the  school and  should be  held responsible  to                                                               
report bullying.                                                                                                                
                                                                                                                                
10:23:29 AM                                                                                                                   
CHAIR SEEKINS would now read "school official."                                                                                 
                                                                                                                                
SENATOR HUGGINS  moved Amendment  4. Add a  new paragraph  (3) to                                                               
read;  "school official"  means all  employees at  such a  school                                                               
including   all  teachers,   administrators,  and   non-certified                                                               
personnel  such as  para-professionals and  other support  staff.                                                               
Hearing no objections, Amendment 4 was adopted.                                                                                 
                                                                                                                                
10:24:26 AM                                                                                                                   
TOM HARVEY,  Executive Director, NEA Alaska  testified in support                                                               
of the bill.                                                                                                                    
                                                                                                                                
JUDY  KOMOROWSKI, Tok,  testified  in support  of  the bill.  She                                                               
related a personal  story of harassment that occurred  to her son                                                               
and told  of her  struggles with the  school board  in addressing                                                               
the situation.                                                                                                                  
                                                                                                                                
10:35:17 AM                                                                                                                   
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR  GUESS  moved  SCS  CSHB  482(JUD)  from  committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Seekins adjourned the meeting at 10:36:23 AM.                                                                           
                                                                                                                                

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