Legislature(2007 - 2008)BELTZ 211

04/07/2008 02:15 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
-- Time Change --
+ HB 196 HANDLING MATTERS AFTER A PERSON'S DEATH TELECONFERENCED
Moved SCS CSHB 196(JUD) Out of Committee
+ HB 354 CHILD IN NEED OF AID/ADOPTIONS TELECONFERENCED
Moved CSHB 354(JUD) Out of Committee
+ HB 331 MOTOR VEHICLES:LICENSES/INSURANCE/NOTICES TELECONFERENCED
Moved CSHB 331(L&C) Out of Committee
+ HB 333 COMPUTER PERSONS REPORT CHILD PORNOGRAPHY TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= HB 25 RECREATIONAL LAND USE LIABILITY/ADV. POSS
Moved SCS HB 25(JUD) Out of Committee
= HB 305 CAMPAIGN FUND RAISING DURING SESSIONS
Moved SCS CSHB 305(JUD) Out of Committee
= HJR 28 CONST. AM:BUDGET RES.FUND/OIL& GAS TAX
Moved CSHJR 28(FIN) Out of Committee
                 ALASKA STATE LEGISLATURE                                                                                     
            SENATE JUDICIARY STANDING COMMITTEE                                                                               
                       April 7, 2008                                                                                            
                         2:21 p.m.                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Lesil McGuire                                                                                                           
Senator Bill Wielechowski                                                                                                       
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 25                                                                                                               
"An Act  relating to landowners'  immunity for  allowing use                                                                    
of  land   without  charge  for  a   recreational  activity;                                                                    
relating  to landowners'  liability where  landowner conduct                                                                    
involves  gross   negligence  or  reckless   or  intentional                                                                    
misconduct;  relating to  claims of  adverse possession  and                                                                    
prescriptive  easements, or  similar  claims; and  providing                                                                    
for an effective date."                                                                                                         
     MOVED SCS HB 25(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
CS FOR HOUSE BILL NO. 196(JUD)                                                                                                  
"An  Act  relating  to  the  handling  of  matters  after  a                                                                    
person's death."                                                                                                                
     MOVED SCS CSHB 196(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 354(JUD)                                                                                                  
"An Act relating  to adoptions, to subsidies  for a hard-to-                                                                    
place child,  to criminal sanctions for  unlawful disclosure                                                                    
of confidential information pertaining  to a child, to child                                                                    
support  orders  in   child-in-need-of-aid  and  delinquency                                                                    
proceedings, and to  civil actions on behalf  of children in                                                                    
need of aid  who are injured or die while  in state custody;                                                                    
and providing for an effective date."                                                                                           
     MOVED CSHB 354(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 331(L&C)                                                                                                  
"An  Act  relating  to   motor  vehicle  insurance,  license                                                                    
suspensions,  and notices  relating  to  motor vehicles  and                                                                    
notices relating to driver's licenses."                                                                                         
     MOVED CSHB 331(L&C) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 333                                                                                                              
"An Act relating to the reporting of child pornography."                                                                        
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 28(FIN)                                                                                       
Proposing  amendments to  the Constitution  of the  State of                                                                    
Alaska  relating   to  the  budget  reserve   fund,  and  to                                                                    
appropriations  to   and  transfers   from  the   fund;  and                                                                    
dedicating a portion of the  petroleum production tax to the                                                                    
fund.                                                                                                                           
     MOVED CSHJR 28(FIN) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 305(RLS) am                                                                                               
"An Act relating  to campaign fund raising  during a regular                                                                    
or  special  legislative  session;   and  providing  for  an                                                                    
effective date."                                                                                                                
     MOVED SCS CSHB 305(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  25                                                                                                                  
SHORT TITLE: PUBLIC RECREATIONAL EASEMENTS/IMMUNITY                                                                             
SPONSOR(s): REPRESENTATIVE(s) SEATON, WILSON                                                                                    
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       RES, JUD                                                                                               
01/24/07       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
01/24/07       (H)       Moved Out of Committee                                                                                 
01/24/07       (H)       MINUTE(RES)                                                                                            
01/25/07       (H)       RES RPT 8DP                                                                                            
01/25/07       (H)       DP: GUTTENBERG, EDGMON, SEATON,                                                                        
                         KAWASAKI, WILSON, ROSES, JOHNSON,                                                                      
                         GATTO                                                                                                  
01/31/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/31/07       (H)       Heard & Held                                                                                           
01/31/07       (H)       MINUTE(JUD)                                                                                            
02/01/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/01/07       (H)       Heard & Held                                                                                           
02/01/07       (H)       MINUTE(JUD)                                                                                            
02/05/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/05/07       (H)       Moved Out of Committee                                                                                 
02/05/07       (H)       MINUTE(JUD)                                                                                            
02/07/07       (H)       JUD RPT 1DP 3NR                                                                                        
02/07/07       (H)       DP: LYNN                                                                                               
02/07/07       (H)       NR: GRUENBERG, HOLMES, SAMUELS                                                                         
02/12/07       (H)       TRANSMITTED TO (S)                                                                                     
02/12/07       (H)       VERSION: HB 25                                                                                         
02/14/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/07       (S)       RES, JUD                                                                                               
03/02/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/02/07       (S)       Heard & Held                                                                                           
03/02/07       (S)       MINUTE(RES)                                                                                            
04/02/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/02/07       (S)       Moved HB  25 Out of Committee                                                                          
04/02/07       (S)       MINUTE(RES)                                                                                            
04/04/07       (S)       RES RPT 2DP 4NR 1AM                                                                                    
04/04/07       (S)       DP: HUGGINS, STEVENS                                                                                   
04/04/07       (S)       NR:   GREEN,    MCGUIRE,   STEDMAN,                                                                    
                         WAGONER                                                                                                
04/04/07       (S)       AM: WIELECHOWSKI                                                                                       
02/20/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
02/20/08       (S)       Heard & Held                                                                                           
02/20/08       (S)       MINUTE(JUD)                                                                                            
04/07/08       (S)       JUD AT 2:15 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 196                                                                                                                  
SHORT TITLE: HANDLING MATTERS AFTER A PERSON'S DEATH                                                                            
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
03/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/07       (H)       JUD                                                                                                    
04/04/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/04/07       (H)       Heard & Held                                                                                           
04/04/07       (H)       MINUTE(JUD)                                                                                            
04/10/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/10/07       (H)       Moved   CSHB    196(JUD)   Out   of                                                                    
                         Committee                                                                                              
04/10/07       (H)       MINUTE(JUD)                                                                                            
04/11/07       (H)       JUD RPT CS(JUD) 5DP 1NR                                                                                
04/11/07       (H)       DP:   GRUENBERG,   LYNN,   COGHILL,                                                                    
                         HOLMES, RAMRAS                                                                                         
04/11/07       (H)       NR: SAMUELS                                                                                            
04/20/07       (H)       TRANSMITTED TO (S)                                                                                     
04/20/07       (H)       VERSION: CSHB 196(JUD)                                                                                 
04/23/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/23/07       (S)       L&C, STA, JUD                                                                                          
02/21/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/21/08       (S)       Heard & Held                                                                                           
02/21/08       (S)       MINUTE(L&C)                                                                                            
03/06/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/06/08       (S)       Moved SCS CSHB 196(L&C) Out of                                                                         
                         Committee                                                                                              
03/06/08       (S)       MINUTE(L&C)                                                                                            
03/10/08       (S)       L&C RPT SCS   3DP  SAME TITLE                                                                          
03/10/08       (S)       DP: ELLIS, BUNDE, DAVIS                                                                                
04/01/08       (S)       STA RPT SCS    2DP 3NR   NEW TITLE                                                                     
04/01/08       (S)       DP: MCGUIRE, BUNDE                                                                                     
04/01/08       (S)       NR: FRENCH, STEVENS, GREEN                                                                             
04/01/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
04/01/08       (S)       Moved SCS CSHB 196(STA) Out of                                                                         
                         Committee                                                                                              
04/01/08       (S)       MINUTE(STA)                                                                                            
04/07/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 354                                                                                                                  
SHORT TITLE: CHILD IN NEED OF AID/ADOPTIONS                                                                                     
SPONSOR(s): REPRESENTATIVE(s) COGHILL                                                                                           
                                                                                                                                
02/06/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/08       (H)       HES, JUD, FIN                                                                                          
02/28/08       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/28/08       (H)       Moved   CSHB    354(HES)   Out   of                                                                    
                         Committee                                                                                              
02/28/08       (H)       MINUTE(HES)                                                                                            
02/29/08       (H)       HES RPT CS(HES) NT 7DP                                                                                 
02/29/08       (H)       DP:   CISSNA,    KELLER,   GARDNER,                                                                    
                         FAIRCLOUGH, SEATON, ROSES, WILSON                                                                      
03/13/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/13/08       (H)       Moved   CSHB    354(JUD)   Out   of                                                                    
                         Committee                                                                                              
03/13/08       (H)       MINUTE(JUD)                                                                                            
03/17/08       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
03/17/08       (H)       DP: GRUENBERG, COGHILL, DAHLSTROM,                                                                     
                         HOLMES, RAMRAS                                                                                         
03/18/08       (H)       FIN REFERRAL WAIVED                                                                                    
03/27/08       (H)       TRANSMITTED TO (S)                                                                                     
03/27/08       (H)       VERSION: CSHB 354(JUD)                                                                                 
03/28/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/28/08       (S)       HES, JUD                                                                                               
03/31/08       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/31/08       (S)       Moved   CSHB    354(JUD)   Out   of                                                                    
                         Committee                                                                                              
03/31/08       (S)       MINUTE(HES)                                                                                            
04/01/08       (S)       HES RPT   4DP 1NR                                                                                      
04/01/08       (S)       DP: DAVIS, THOMAS, DYSON, COWDERY                                                                      
04/01/08       (S)       NR: ELTON                                                                                              
04/07/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 331                                                                                                                  
SHORT TITLE: MOTOR VEHICLES:LICENSES/INSURANCE/NOTICES                                                                          
SPONSOR(s): REPRESENTATIVE(s) ROSES                                                                                             
                                                                                                                                
01/18/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/08       (H)       L&C, JUD                                                                                               
02/20/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/20/08       (H)       Moved   CSHB    331(L&C)   Out   of                                                                    
                         Committee                                                                                              
02/20/08       (H)       MINUTE(L&C)                                                                                            
02/21/08       (H)       L&C RPT CS(L&C) NT 1DP 3NR 3AM                                                                         
02/21/08       (H)       DP: GARDNER                                                                                            
02/21/08       (H)       NR: LEDOUX, RAMRAS, OLSON                                                                              
02/21/08       (H)       AM: BUCH, NEUMAN, GATTO                                                                                
03/12/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/12/08       (H)       Moved   CSHB    331(L&C)   Out   of                                                                    
                         Committee                                                                                              
03/12/08       (H)       MINUTE(JUD)                                                                                            
03/13/08       (H)       JUD RPT CS(L&C) NT  3DP 3NR                                                                            
03/13/08       (H)       DP: COGHILL, DAHLSTROM, RAMRAS                                                                         
03/13/08       (H)       NR: GRUENBERG, SAMUELS, HOLMES                                                                         
03/19/08       (H)       TRANSMITTED TO (S)                                                                                     
03/19/08       (H)       VERSION: CSHB 331(L&C)                                                                                 
03/21/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/08       (S)       L&C, JUD                                                                                               
04/03/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/03/08       (S)       Heard & Held                                                                                           
04/03/08       (S)       MINUTE(L&C)                                                                                            
04/05/08       (S)       L&C AT 11:00 AM BELTZ 211                                                                              
04/05/08       (S)       Moved   CSHB    331(L&C)   Out   of                                                                    
                         Committee                                                                                              
04/05/08       (S)       MINUTE(L&C)                                                                                            
04/06/08       (S)       L&C RPT  2DP 1NR                                                                                       
04/06/08       (S)       DP: ELLIS, DAVIS                                                                                       
04/06/08       (S)       NR: STEVENS                                                                                            
04/07/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 333                                                                                                                  
SHORT TITLE: COMPUTER PERSONS REPORT CHILD PORNOGRAPHY                                                                          
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH                                                                                        
                                                                                                                                
01/18/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/08       (H)       JUD                                                                                                    
03/13/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/13/08       (H)       Moved Out of Committee                                                                                 
03/13/08       (H)       MINUTE(JUD)                                                                                            
03/17/08       (H)       JUD RPT 5DP                                                                                            
03/17/08       (H)       DP: GRUENBERG, COGHILL, DAHLSTROM,                                                                     
                         HOLMES, RAMRAS                                                                                         
03/27/08       (H)       TRANSMITTED TO (S)                                                                                     
03/27/08       (H)       VERSION: HB 333                                                                                        
03/28/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/28/08       (S)       JUD                                                                                                    
04/07/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HJR 28                                                                                                                  
SHORT TITLE: CONST. AM: BUDGET RES. FUND/OIL & GAS TAX                                                                          
SPONSOR(s): REPRESENTATIVE(s) SAMUELS                                                                                           
                                                                                                                                
01/11/08       (H)       PREFILE RELEASED 1/11/08                                                                               
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       JUD, FIN                                                                                               
01/25/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/25/08       (H)       -- MEETING CANCELED --                                                                                 
01/28/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/28/08       (H)       Heard & Held                                                                                           
01/28/08       (H)       MINUTE(JUD)                                                                                            
02/04/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/04/08       (H)       Heard & Held                                                                                           
02/04/08       (H)       MINUTE(JUD)                                                                                            
02/06/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/06/08       (H)       Moved   CSHJR    28(JUD)   Out   of                                                                    
                         Committee                                                                                              
02/06/08       (H)       MINUTE(JUD)                                                                                            
02/08/08       (H)       JUD RPT CS(JUD) NT 2DP 3NR 1AM                                                                         
02/08/08       (H)       DP: SAMUELS, RAMRAS                                                                                    
02/08/08       (H)       NR: COGHILL, DAHLSTROM, HOLMES                                                                         
02/08/08       (H)       AM: DOOGAN                                                                                             
02/12/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/12/08       (H)       Heard & Held                                                                                           
02/12/08       (H)       MINUTE(FIN)                                                                                            
02/21/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/21/08       (H)       Scheduled But Not Heard                                                                                
02/22/08       (H)       FIN AT 1:35 PM HOUSE FINANCE 519                                                                       
02/22/08       (H)       Heard & Held                                                                                           
02/22/08       (H)       MINUTE(FIN)                                                                                            
03/04/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/04/08       (H)       Moved   CSHJR    28(FIN)   Out   of                                                                    
                         Committee                                                                                              
03/04/08       (H)       MINUTE(FIN)                                                                                            
03/10/08       (H)       FIN RPT CS(FIN) NT 4DP 3NR                                                                             
03/10/08       (H)       DP:   HAWKER,   CRAWFORD,   THOMAS,                                                                    
                         MEYER                                                                                                  
03/10/08       (H)       NR: GARA, STOLTZE, JOULE                                                                               
03/19/08       (H)       TRANSMITTED TO (S)                                                                                     
03/19/08       (H)       VERSION: CSHJR 28(FIN)                                                                                 
03/21/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/08       (S)       JUD, FIN                                                                                               
04/04/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
04/04/08       (S)       Heard & Held                                                                                           
04/04/08       (S)       MINUTE(JUD)                                                                                            
04/07/08       (S)       JUD AT 2:15 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 305                                                                                                                  
SHORT TITLE: CAMPAIGN FUND RAISING DURING SESSIONS                                                                              
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
                                                                                                                                
01/11/08       (H)       PREFILE RELEASED 1/11/08                                                                               
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       STA                                                                                                    
01/22/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/22/08       (H)       Moved   CSHB    305(STA)   Out   of                                                                    
                         Committee                                                                                              
01/22/08       (H)       MINUTE(STA)                                                                                            
01/23/08       (H)       STA RPT CS(STA) NT 4DP 2NR                                                                             
01/23/08       (H)       DP: JOHNSON, JOHANSEN, ROSES, LYNN                                                                     
01/23/08       (H)       NR: COGHILL, DOLL                                                                                      
02/04/08       (H)       RLS AT 4:30 PM CAPITOL 106                                                                             
02/04/08       (H)       Moved   CSHB    305(RLS)   Out   of                                                                    
                         Committee                                                                                              
02/04/08       (H)       MINUTE(RLS)                                                                                            
02/06/08       (H)       RLS RPT CS(RLS) NT 5DP 2AM                                                                             
02/06/08       (H)       DP: FAIRCLOUGH, HARRIS, KERTTULA,                                                                      
                         SAMUELS, COGHILL                                                                                       
02/06/08       (H)       AM: GUTTENBERG, JOHNSON                                                                                
02/06/08       (H)       RETURNED TO RLS COMMITTEE                                                                              
02/19/08       (H)       MOVED TO RETURN TO SECOND TO                                                                           
                         RESCIND ACTION                                                                                         
02/19/08       (H)       LEDOUX ABSTAIN VOTING FLD Y18 N17                                                                      
                         E5 PER UR 34(B)                                                                                        
02/20/08       (H)       TRANSMITTED TO (S)                                                                                     
02/20/08       (H)       VERSION: CSHB 305(RLS) AM                                                                              
02/21/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/08       (S)       STA                                                                                                    
02/21/08       (S)       JUD REFERRAL ADDED BEFORE STA                                                                          
04/05/08       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
04/05/08       (S)       Heard & Held                                                                                           
04/05/08       (S)       MINUTE(JUD)                                                                                            
04/07/08       (S)       JUD AT 2:15 PM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KATIE SHOWS, Staff                                                                                                              
  to Representative Paul Seaton                                                                                                 
POSITION STATEMENT:  Introduced HB 25 on behalf of the                                                                        
sponsor.                                                                                                                        
                                                                                                                                
REPRESENTATIVE JAY RAMRAS                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Sponsor of HB 196.                                                                                        
                                                                                                                                
JANE PIERSON, Staff                                                                                                             
  to Representative Ramras                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Answered questions related to HB 196.                                                                    
                                                                                                                                
ROBERT MANLEY, Attorney at Law                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Provided information related to HB                                                                       
196.                                                                                                                            
                                                                                                                                
MICHAEL c. GERAGHTY, Attorney at Law                                                                                            
  and State Law Commissioner                                                                                                    
National Conference of Commissioners                                                                                            
on Uniform State Laws (NCCUSL)                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Provided information related to HB                                                                       
196.                                                                                                                            
                                                                                                                                
SHERRY BADILLO-MARINO (ph), Volunteer                                                                                           
Life Alaska                                                                                                                     
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 196.                                                                          
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
  to Representative John Coghill                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 354 on behalf of the                                                                       
sponsor.                                                                                                                        
                                                                                                                                
SUSAN COX, Assistant Attorney General                                                                                           
Civil Division                                                                                                                  
Department of Law (DOL)                                                                                                         
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided information on Section 6 of                                                                     
HB 354.                                                                                                                         
                                                                                                                                
CRYSTAL KOENEMAN, Staff                                                                                                         
  to Rep Roses                                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 331 on behalf of the                                                                     
sponsor.                                                                                                                        
                                                                                                                                
WHITNEY BREWSTER, Director                                                                                                      
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Answered questions related to HB 331.                                                                    
                                                                                                                                
REPRESENTATIVE ANNA FAIRCLOUGH                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Sponsor of HB 333                                                                                        
                                                                                                                                
LINDA HAY, Staff                                                                                                                
  to Representative Ralph Samuels                                                                                               
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Co-Sponsor of HJR 28                                                                                     
                                                                                                                                
MIKE POWLOWSKI, Staff                                                                                                           
  to Representative Meyer                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 305 on behalf of the                                                                       
sponsor.                                                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  HOLLIS FRENCH  called the  Senate Judiciary  Standing                                                                  
Committee meeting  to order  at 2:21:46  PM. Present  at the                                                                  
call to  order were  Senators French, Huggins,  McGuire, and                                                                    
Wielechowski.                                                                                                                   
                                                                                                                                
     HB  25-RECREATIONAL LAND USE LIABILITY/ADV. POSS                                                                       
                                                                                                                                
2:22:08 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of HB 25 and asked                                                                    
for a motion to adopt the Senate committee substitute (CS).                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  moved to  adopt the  Senate CS  for HB                                                                    
25, 25-LS0174\C, Bailey, as the working document.                                                                               
                                                                                                                                
CHAIR FRENCH objected for  discussion purposes. He explained                                                                    
that the CS makes three changes.  First, on page 1, line 10,                                                                    
the phrase  "directly or indirectly"  was deleted. It  is no                                                                    
longer needed  since the bill  now requires  that landowners                                                                    
directly allow the use of  their property through the filing                                                                    
of  an  easement.  Next,  on   page  2,  lines  7-8,  a  new                                                                    
subsection (b) was added to  clarify that improved land does                                                                    
not include buildings,  structures, machinery, or equipment.                                                                    
Finally, new  Sections 2,  3, and 4  were added  outlining a                                                                    
procedure   for   recording   the   public   easements   and                                                                    
establishing that  a recording fee  will not be  charged. He                                                                    
believes the sponsor will support the changes.                                                                                  
                                                                                                                                
2:23:57 PM                                                                                                                    
KATIE SHOWS,  Staff to  Representative Paul  Seaton, sponsor                                                                    
of HB 25, affirmed that the sponsor supports the changes.                                                                       
                                                                                                                                
CHAIR FRENCH  removed his objection  and finding  no further                                                                    
objection, announced  that the  CS is before  the committee.                                                                    
He noted the letter of  intent that provides sample language                                                                    
for drafting  an easement and  highlighted that  people that                                                                    
grant the  public free use of  a portion of their  land will                                                                    
get better liability coverage in exchange.                                                                                      
                                                                                                                                
2:25:14 PM                                                                                                                    
SENATOR HUGGINS moved to adopt the letter of intent.                                                                            
                                                                                                                                
CHAIR FRENCH  found no objection,  and announced  the letter                                                                    
of  intent  is  adopted.  Also, a  title  change  concurrent                                                                    
resolution  will  accompany  the   bill  from  committee  to                                                                    
reflect  the use  of public  easements  and that  collecting                                                                    
fees for  recording the easements is  prohibited. Finding no                                                                    
further committee discussion, he asked for a motion.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  motioned to report [Senate]  CS for HB                                                                    
25,   Version    \C,   from   committee    with   individual                                                                    
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
CHAIR  FRENCH  announced  that  without  objection,  SCS  HB                                                                    
25(JUD),  25-LS0174\C, is  moved from  the Senate  Judiciary                                                                    
Committee.                                                                                                                      
                                                                                                                                
SENATOR  McGUIRE  motioned  to  report  a  conforming  title                                                                    
change  resolution  from  the  Senate  Judiciary  Committee.                                                                    
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
  CSHB 196(JUD) - HANDLING MATTERS AFTER A PERSON'S DEATH                                                                   
                                                                                                                                
CHAIR  FRENCH announced  the consideration  of HB  196. [The                                                                    
committee was working from SCS CSHB 196(L&C).]                                                                                  
                                                                                                                                
2:27:17 PM                                                                                                                    
REPRESENTATIVE  JAY RAMRAS,  Sponsor  of HB  196, said  this                                                                    
legislation updates the statutes  on wills and addresses the                                                                    
subject of anatomical gifts                                                                                                     
                                                                                                                                
JANE  PIERSON,  Staff  to Representative  Ramras,  explained                                                                    
that the  estate portion of  HB 196  is in Sections  1-5 and                                                                    
Section 37.  It provides a  penalty clause for  contesting a                                                                    
will  or  instituting other  proceedings  even  if there  is                                                                    
probable  cause, which  is in  alignment with  provisions in                                                                    
revocable trusts. Also, it amends  AS 13.16.680(a) to change                                                                    
the statement  in an  affidavit to be  used by  a decedent's                                                                    
successor to collect personal property  in a small estate to                                                                    
say  that  The  statement  says that  the  estate  does  not                                                                    
consist  of vehicles  worth more  than $100,000  or personal                                                                    
property worth  more than $100,000.  The bill also  lays out                                                                    
protections  for  benefits  paid under  life  insurance  and                                                                    
retirement plans.                                                                                                               
                                                                                                                                
2:29:22 PM                                                                                                                    
MS. PIERSON  highlighted an issue  that the  committee might                                                                    
wish to  consider. Section 2, page  2, line 10, says  that a                                                                    
small estate can  be passed to a successor  via an affidavit                                                                    
if the  personal property is  valued at less  than $100,000.                                                                    
Initially  the bill  increased the  amount from  the current                                                                    
$15,000 to  $25,000 and then  the Senate Labor  and Commerce                                                                    
Committee amended  it to $100,000. The  attorneys working on                                                                    
the  bill  believe  $50,000  would  be  more  in  line  with                                                                    
Alaska's  other  statute  on  small  estate  administration,                                                                    
which  allows a  short probate  if the  estate is  less than                                                                    
$55,000 and assuming there is a spouse or minor children.                                                                       
                                                                                                                                
REPRESENTATIVE RAMRAS  noted that  the figure was  raised at                                                                    
the request of Senator Bunde.                                                                                                   
                                                                                                                                
MS. PIERSON  relayed that the  trust attorneys  believe this                                                                    
may be  problematic. In the  circumstance of  two successors                                                                    
of interest,  one could  write an affidavit  that he  or she                                                                    
was the successor  of interest and remove  $100,000 from the                                                                    
estate. That's  a lot  of money  that couldn't  be recouped,                                                                    
she said.                                                                                                                       
                                                                                                                                
REPRESENTATIVE RAMRAS  restated that all the  parties worked                                                                    
cooperatively and they suggest  that a fair accommodation is                                                                    
to roll the amount back to $50,000.                                                                                             
                                                                                                                                
CHAIR FRENCH flagged that as  a point for further discussion                                                                    
and noted  the individuals  who would  be testifying  on the                                                                    
trust principles and the anatomical gifts.                                                                                      
                                                                                                                                
MS. PIERSON said the rest  of the bill clarifies and updates                                                                    
statutes dealing with anatomical  gifts. That portion of the                                                                    
bill was  drafted cooperatively with the  Department of Law,                                                                    
the Department of Health and  Social Services, the Office of                                                                    
the State Medical Examiner, Life  Alaska Donor Services, and                                                                    
representatives    from   the    National   Conference    on                                                                    
Commissioners on Uniform State Laws  to ensure a sound piece                                                                    
of legislation.  The provisions are  drawn from  the Uniform                                                                    
Anatomical   Gift  Act   (UAGA)  that   aims  to   harmonize                                                                    
anatomical gift  laws in  all 50  states. Similarly,  HB 196                                                                    
aims   to  facilitate   organ   and   tissue  donation   and                                                                    
transplants. It  removes obstacles  in the  donation process                                                                    
and hopefully it will increase  participation in organ donor                                                                    
programs.                                                                                                                       
                                                                                                                                
MS PIERSON said that there  have been significant changes in                                                                    
this field over the years and  HB 196 will bring Alaska into                                                                    
line  with these  changes. Close  to thirty  percent of  the                                                                    
state's population participate in  the Alaska donor registry                                                                    
program, but more  can be done. Currently in  this state 180                                                                    
patients are awaiting life-saving  transplants and many more                                                                    
are  awaiting tissue  transplants.  This  bill improves  the                                                                    
anatomical gift  laws in Alaska and  encourages badly needed                                                                    
organ donations  that will save and  improve lives statewide                                                                    
and throughout the country.                                                                                                     
                                                                                                                                
2:33:42 PM                                                                                                                    
SENATOR THERRIAULT joined the meeting.                                                                                          
                                                                                                                                
REPRESENTATIVE  RAMRAS added  that in  spite of  the strides                                                                    
that hospitals across the state  have made, Alaska currently                                                                    
does  not  have the  breadth  of  services available  to  do                                                                    
anything but harvest organs. Alaska  does have an intrastate                                                                    
compact with  other states to  accommodate organ  and tissue                                                                    
donations, but it's  important to update these  laws so that                                                                    
Alaska  conforms  with  other  states and  can  continue  to                                                                    
facilitate this life-giving service, he said.                                                                                   
                                                                                                                                
2:36:16 PM                                                                                                                    
SENATOR   THERRIAULT  asked   if  the   wills  and   probate                                                                    
subcommittee of the Alaska Bar had reviewed the bill.                                                                           
                                                                                                                                
MS. PIERSON replied it has been vetted through them.                                                                            
                                                                                                                                
CHAIR FRENCH said  that Section 1 seems to  flip current law                                                                    
with  respect to  the ability  of  a person  to challenge  a                                                                    
will. Current law says:                                                                                                         
                                                                                                                                
     A provision  in a  will purporting to  penalize an                                                                         
     interested  person  for  contesting  the  will  or                                                                         
     instituting  other  proceedings  relating  to  the                                                                         
     estate is  unenforceable if probable  cause exists                                                                         
     for instituting proceedings.                                                                                               
                                                                                                                                
Under  that  law  a  person   would  not  be  penalized  for                                                                    
challenging a  will as long  as there is probable  cause. As                                                                    
currently drafted HB 196 says  that the penalty clause is in                                                                    
effect  and enforceable  even if  probable cause  exists for                                                                    
instituting proceedings. He  asked if that is  a huge change                                                                    
and if it's becoming the majority rule.                                                                                         
                                                                                                                                
2:38:20 PM                                                                                                                    
ROBERT  MANLEY, Attorney  at Law,  said  he is  part of  the                                                                    
group  of  estate planning  attorneys  who  work on  keeping                                                                    
Alaska trust law current and  efficient so that Alaskans can                                                                    
have their wishes implemented with  a minimum of expense and                                                                    
tax  cost.  He  explained  that Section  1  brings  the  law                                                                    
governing wills  into conformity with current  law governing                                                                    
revocable trusts.  Those are the  two primary  vehicles used                                                                    
in estate planning  and there are various  reasons for using                                                                    
one versus  the other. Trust  law currently provides  that a                                                                    
no-contest clause is effective  regardless of probable cause                                                                    
for bringing a challenge to the trust.                                                                                          
                                                                                                                                
CHAIR  FRENCH  asked if  it's  a  uniform provision  or  the                                                                    
majority  rule with  respect  to trusts,  that  you can  not                                                                    
institute challenge proceedings penalty  free if that clause                                                                    
is in the trust.                                                                                                                
                                                                                                                                
MR. MANLEY replied  he believes that from  a statutory point                                                                    
of view  it's the minority  rule, and probably  the minority                                                                    
rule from a  general judicial point of view  where the issue                                                                    
isn't specifically addressed by the statute.                                                                                    
                                                                                                                                
CHAIR FRENCH asked about the will side of the equation.                                                                         
                                                                                                                                
MR. MANLEY  explained that the will  provision provides that                                                                    
if there is a no-contest  clause and there is probable cause                                                                    
to bring a  contest, then the penalty set  forth wouldn't be                                                                    
effective  or   enforceable.  A  no-contest   clause  simply                                                                    
indicates that  a beneficiary is provided  something under a                                                                    
will or  trust, but if  the beneficiary objects to  the gift                                                                    
or to  the other provisions he  or she is at  risk of losing                                                                    
that gift.  For example, if  a decedent wanted to  favor his                                                                    
children  and stepchildren  equally,  in the  absence of  an                                                                    
effective  no-contest clause,  the children  who might  gain                                                                    
greater benefit if the will  was ineffective could challenge                                                                    
the capacity of  the individual making the  will without any                                                                    
risk of loss.  There may be very good  reasons for excluding                                                                    
or favoring one  person or entity over  another, and without                                                                    
this  provision it  makes it  too  easy for  the person  who                                                                    
benefits less,  to leverage the  risk of litigation  and the                                                                    
potential challenge and extract  some sort of settlement. He                                                                    
noted that  this isn't applicable  with respect  to spouses;                                                                    
they are protected under  different provisions. This applies                                                                    
to children, shirttail relatives and  the like, but if there                                                                    
is  a true  case  of undue  influence,  then the  no-contest                                                                    
clause  is  ineffective  because the  entire  instrument  is                                                                    
ineffective. This is simply a  way for testators to preserve                                                                    
their plan, he said.                                                                                                            
                                                                                                                                
2:42:50 PM                                                                                                                    
MR.  MANLEY said  that the  trust provision  makes Alaska  a                                                                    
more  favored jurisdiction  to  administer  trusts. The  no-                                                                    
contest  provision was  added to  bring  the laws  governing                                                                    
wills  into conformity  with the  laws governing  trusts and                                                                    
allow people to  do, with simpler les  expensive wills, what                                                                    
they could do with trusts, he said.                                                                                             
                                                                                                                                
CHAIR  FRENCH  responded  that  that's  the  source  of  his                                                                    
concern.  He  thinks  of  trusts  as  belonging  to  a  more                                                                    
sophisticated  class of  testators while  wills fall  on the                                                                    
lower  end of  the  sophistication scale.  This statute  has                                                                    
been  on the  books for  a long  time and  he sees  probable                                                                    
cause  as  the  barrier  to  bad  challenges.  If  there  is                                                                    
probable  cause, he  questions  whether a  person should  be                                                                    
penalized  for  bringing  a challenge.  He  asked  how  many                                                                    
jurisdictions  have  a  clause  that's similar  to  the  one                                                                    
that's being proposed in Section 1.                                                                                             
                                                                                                                                
MR.  MANLEY said  he  doesn't  know, but  he  could get  the                                                                    
information and forward it to the committee.                                                                                    
                                                                                                                                
CHAIR  FRENCH  said  that's important  to  him.  Alaska  has                                                                    
adopted  an   aggressive  set  of  trust   laws  to  attract                                                                    
sophisticated   investors  nationwide,   but   he's  had   a                                                                    
lingering concern about this provision.                                                                                         
                                                                                                                                
MR. MANLEY observed that if  Alaska laws on wills and trusts                                                                    
don't  conform, that  allows the  person wishing  to provide                                                                    
for a no-contest  clause to do so by spending  more money on                                                                    
lawyers. It doesn't seem reasonable  to deny that ability to                                                                    
less sophisticated people, he said.  Also, we usually have a                                                                    
good indication of what a  testator or decedent wanted to do                                                                    
because  that's   what's  in  the  trust   or  will.  Anyone                                                                    
challenging  that is  trying to  defeat their  intent rather                                                                    
than figuring it out.                                                                                                           
                                                                                                                                
CHAIR FRENCH said those are  good points. Acknowledging that                                                                    
it's  somewhat   weak  to  make   a  decision   by  counting                                                                    
jurisdictions with  a similar provision, he  relayed that at                                                                    
some level  he needs to know  how prevalent this is  in will                                                                    
and trust law across the country.                                                                                               
                                                                                                                                
MR. MANLEY agreed  to get the information,  hopefully by the                                                                    
end of day.                                                                                                                     
                                                                                                                                
2:47:21 PM                                                                                                                    
SENATOR  McGUIRE   said  she  respects   the  right   of  an                                                                    
individual to put what they  want in their will, but there's                                                                    
a  healthy tension  in  current law  that  allows people  to                                                                    
challenge  wills  and  she'd  hate to  quash  or  chill  any                                                                    
healthy debate.                                                                                                                 
                                                                                                                                
CHAIR  FRENCH turned  to Section  2 and  clarified that  the                                                                    
suggestion  that  was  made pertains  to  subparagraph  (B).                                                                    
Current statute allows a person  to use an affidavit to pass                                                                    
their personal property  if the entire estate  is worth less                                                                    
than $15,000.  The current draft proposes  that an affidavit                                                                    
can be  used if vehicles  in the  estate are not  worth more                                                                    
than  $100,000 and  the personal  property  does not  exceed                                                                    
$100,000.  The suggestion  was to  reduce the  value of  the                                                                    
personal property to not exceed $50,000.                                                                                        
                                                                                                                                
MS. PIERSON agreed that was the suggestion.                                                                                     
                                                                                                                                
CHAIR FRENCH asked for an  explanation for keeping the total                                                                    
value  of   vehicles  at  $100,000  and   dropping  personal                                                                    
property to $50,000.                                                                                                            
                                                                                                                                
REPRESENTATIVE  RAMRAS  commented   that  this  accommodates                                                                    
motor homes and campers.                                                                                                        
                                                                                                                                
MS.  PIERSON added  that vehicles  are titled  and won't  be                                                                    
dissipated.                                                                                                                     
                                                                                                                                
CHAIR FRENCH moved Amendment 1.                                                                                                 
                                                                                                                                
                        AMENDMENT 1                                                                                         
                                                                                                                                
     Page 2, line 10 following "exceed"                                                                                         
          Delete "$100,000"                                                                                                     
          Insert "$50,000"                                                                                                      
                                                                                                                                
SENATOR McGUIRE objected for  discussion purposes. She asked                                                                    
what year  the underlying statute  was crafted that  came to                                                                    
the $15,000 figure.                                                                                                             
                                                                                                                                
MS. PIERSON replied  she isn't sure, but believes  it was in                                                                    
the '60s.                                                                                                                       
                                                                                                                                
MR. MANLEY clarified that in  1962 the amount was $6,000 and                                                                    
in 1984 it was adjusted to $15,000.                                                                                             
                                                                                                                                
SENATOR McGUIRE removed her objection  and said that this is                                                                    
a good provision; probate can be onerous.                                                                                       
                                                                                                                                
CHAIR FRENCH  announced that  without objection  Amendment 1                                                                    
is adopted.                                                                                                                     
                                                                                                                                
CHAIR FRENCH  turned to the  anatomical gift portion  of the                                                                    
bill  beginning with  Section 5  and asked  Mr. Geraghty  to                                                                    
explain those provisions.                                                                                                       
                                                                                                                                
MICHAEL  C.  GERAGHTY,  Attorney   at  Law,  and  State  Law                                                                    
Commissioner to the National  Conference of Commissioners on                                                                    
Uniform State  Laws (NCCUSL),  explained that  NCCUSL drafts                                                                    
appropriate uniform legislation for  consideration by the 50                                                                    
states. One  area NCCUSL has  worked is organ  donation. The                                                                    
original Uniform Anatomical Gift  Act was promulgated by the                                                                    
NCCUSL in 1968 and quickly enacted  by all 50 states and the                                                                    
District of Columbia. Minor revisions  were made in 1957 and                                                                    
those  were  adopted in  26  states.  The current  revisions                                                                    
found in HB  196 bring the original act up  to date with the                                                                    
advances  in  medical  technology,  the  widespread  use  of                                                                    
electronic    records,    and    evolving    practices    in                                                                    
transplantation. HB  196 is  the revised  Uniform Anatomical                                                                    
Gift Act.  It was promulgated  in 2006 and has  already been                                                                    
adopted in  over 20 states.  Because it's very common  for a                                                                    
decedent,  the  donor,  and  the donor's  family  to  be  in                                                                    
different  states,  this  is an  area  where  uniformity  is                                                                    
critical.                                                                                                                       
                                                                                                                                
2:54:27 PM                                                                                                                    
MR. GERAGHTY explained that the  revised act strengthens the                                                                    
first-person consent  to make a donation  of an individual's                                                                    
organs,  eyes and  tissue  to bar  others  from amending  or                                                                    
revoking a  gift made  by the  donor. Likewise,  the revised                                                                    
act strengthens  the provision  of a  person who  refuses to                                                                    
donate and  prevents others from interfering.  Absent first-                                                                    
person  consent,  gifts by  family  members  and agents  are                                                                    
facilitated if the deceased hasn't  acted to make or refused                                                                    
to make  an anatomical gift.  This is done by  expanding the                                                                    
roster  of people  who  can  make a  gift  on that  person's                                                                    
behalf  to  include a  health-care  agent,  a grandchild  or                                                                    
another family member who has  exhibited special care. Also,                                                                    
it  clarifies  the  manner  in which  the  consent  must  be                                                                    
obtained in those circumstances.                                                                                                
                                                                                                                                
Gifts  on donor  registries and  state-issued identification                                                                    
cards are  specifically authorized under HB  196, registries                                                                    
are  encouraged,  and  standards   are  provided  for  their                                                                    
operation. Alaska  has a donor program  through the division                                                                    
of  motor  vehicles (DMV)  and  it's  been very  successful.                                                                    
Finally,  it provides  for coordination  between procurement                                                                    
organizations  and  medical   examiners,  particularly  with                                                                    
regard to procuring organs and  tissue from donors under the                                                                    
jurisdiction  of the  medical examiner.  Doctors Butler  and                                                                    
Fallico went over  the changes and at  their suggestion some                                                                    
minor tweaks were made, he said.  The goal, of course, is to                                                                    
expand the opportunity for gifts  of organs and tissue to be                                                                    
taken from donors.                                                                                                              
                                                                                                                                
MR. GERAGHTY said  the revised act, which is  embodied in HB                                                                    
196,  is  endorsed  by the  American  Medical  Society,  the                                                                    
American   Bar   Association,   the  American   Academy   of                                                                    
Ophthalmology,  the American  Association  of Tissue  Banks,                                                                    
the  American Society  of Cataract  and Refractive  Surgery,                                                                    
the  Association  of  Organ Procurement  Organizations,  the                                                                    
federal  Health and  Human  Services  Advisory Committee  on                                                                    
Organ Transplantation, the Cornea  Society, and the Eye Bank                                                                    
Association of  America. He encouraged the  committee to act                                                                    
on HB  196 and join the  other states that have  adopted the                                                                    
revised Uniform Anatomical Gift Act.                                                                                            
                                                                                                                                
2:57:31 PM                                                                                                                    
CHAIR FRENCH commented  that it gives him  some comfort that                                                                    
the doctors  and lawyers  are in agreement  on the  bill. He                                                                    
asked if the model provisions begin  in Section 18 and go on                                                                    
for several sections.                                                                                                           
                                                                                                                                
MR. GERAGHTY said that's right.                                                                                                 
                                                                                                                                
CHAIR  FRENCH asked  if the  small tweaks  that the  doctors                                                                    
suggested  are in  preceding sections  where references  are                                                                    
inserted in statute to those  model provisions. For example,                                                                    
Section 6 takes up a DMV statute.                                                                                               
                                                                                                                                
MR.  GERAGHTY  replied  that's where  some  of  the  changes                                                                    
occur,  but  the  major  changes  occur  on  page  18,  Sec.                                                                    
13.52.255  -  Cooperation  between  coroner,  state  medical                                                                    
examiner,  and procurement  organization. Although  based on                                                                    
the model  act some accommodations were  made to acknowledge                                                                    
the  vast  jurisdiction  of the  medical  examiner  and  the                                                                    
limitations  on  his  services.  Those  minor  changes  were                                                                    
reviewed by  and agreed upon  by the National  Conference of                                                                    
Commissioners and the original drafters.                                                                                        
                                                                                                                                
2:59:49 PM                                                                                                                    
SHERRY  BADILLO-MARINO  (ph),  Life Alaska  Volunteer,  said                                                                    
she's a donor mom; her  17-year-old daughter died in an auto                                                                    
accident in  2003 while  on her  way to  work. She  became a                                                                    
tissue, heart valve, skin, and  bone donor and has helped 48                                                                    
people across the country, including  a six-year-old boy and                                                                    
a 65-year-old woman. Her heart  valve will become lifesaving                                                                    
to either an  infant or young child, her skin  has been used                                                                    
in burn  and reconstructive  surgeries, her bone  and tissue                                                                    
could used be in joint and back surgeries.                                                                                      
                                                                                                                                
She referenced  a poem  her daughter wrote  when she  was 12                                                                    
called,  "Cherish  the  Moments" that  speaks  about  living                                                                    
every moment  to its  fullest and not  taking anyone  in you                                                                    
life for granted.  You never know when someone  will be gone                                                                    
and you'll never be able to relive a moment that's passed.                                                                      
                                                                                                                                
When Life  Alaska called  and asked  about tissue  and organ                                                                    
donation, she  didn't hesitate because she  knew that's what                                                                    
her daughter would want. "That  is part of why I continually                                                                    
offer to  help and  to encourage  others to  consider tissue                                                                    
and organ donation, because it  has helped me and her sister                                                                    
immensely to move forward," she said.                                                                                           
                                                                                                                                
MS.  BADILLO-MARINO  said she  and  her  daughter had  never                                                                    
discussed becoming a donor, but  after her death she found a                                                                    
signed  tissue and  organ donation  card in  her room.  As a                                                                    
grieving  mother  that  solidified   the  decision  she  had                                                                    
already made for  her daughter to become a  tissue and organ                                                                    
donor. In her heart she knew  she'd done the right thing and                                                                    
that's  part of  what  she says  to  everyone she  contacts.                                                                    
"Share your wishes with your family."                                                                                           
                                                                                                                                
She  relayed   that  her   father  was   so  proud   of  his                                                                    
granddaughter and the  fact that she became  a tissue donor,                                                                    
that he changed his stand and  become a donor as well. He is                                                                    
now helping others along with his granddaughter, she said.                                                                      
                                                                                                                                
3:06:06 PM                                                                                                                    
CHAIR  FRENCH thanked  her for  her  very moving  testimony.                                                                    
Finding no  one else who wished  to testify on behalf  of HB                                                                    
196, he closed public testimony.                                                                                                
                                                                                                                                
SENATOR McGUIRE  said we  spend time  in these  meetings and                                                                    
you wonder  if anything you  do makes a difference.  This is                                                                    
one of the  circumstances that makes her think  it does. She                                                                    
reminded the committee  that 2004 she sponsored  a bill that                                                                    
created the Alaska donor registry.  At that time she thought                                                                    
it  was something  that would  make a  difference, but  it's                                                                    
overwhelming to  see that over 330,000  Alaskans have joined                                                                    
and between  800 and  1,000 new  registrants are  added each                                                                    
week.  She described  HB 196  as  a step  to continue  those                                                                    
efforts, and then  declared a conflict and  asked to refrain                                                                    
from  voting on  the bill.  her  father is  the founder  and                                                                    
chair of  Life Alaska Donation  Services, one of  the groups                                                                    
supporting this bill.                                                                                                           
                                                                                                                                
CHAIR  FRENCH noted  her conflict  and said  that while  the                                                                    
meeting is  in recess he'd find  out if that's in  order. He                                                                    
thanked  the sponsor  for accommodating  two bills  into one                                                                    
and set HB 196 aside.                                                                                                           
                                                                                                                                
       CSHB 354(JUD)-CHILD IN NEED OF AID/ADOPTIONS                                                                         
                                                                                                                                
CHAIR FRENCH announced the consideration  of HB 354. [Before                                                                    
the committee was CSHB 354(JUD).]                                                                                               
                                                                                                                                
3:08:57 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff  to  Representative   John  Coghill,                                                                    
sponsor of HB  354, explained that as  currently drafted the                                                                    
bill: 1) clarifies  in statute best practices  of the Office                                                                    
of  Children's   Services  (OCS),  2)   fixes  contradictory                                                                    
language that  resulted in  18-year-olds being  adopted, and                                                                    
3) incorporates  HB 377. Initially the  Department of Health                                                                    
and Social  Services (DHSS)  approached the  sponsor because                                                                    
of uncertainty  in the language dealing  with the department                                                                    
subsidizing  hard-to-place  children. As  currently  written                                                                    
the  statute could  be interpreted  to mean  that even  if a                                                                    
child did  not have a special  need at the time,  DHSS would                                                                    
have  to provide  a subsidy.  Under HB  354 the  decision is                                                                    
turned over to  the department and it  can adopt regulations                                                                    
to  clarify  when  a  hard  to place  child  can  receive  a                                                                    
subsidy. This makes the decision  more fair and equitable to                                                                    
everyone.                                                                                                                       
                                                                                                                                
CHAIR FRENCH  asked what  the subsidy is,  who pays  for it,                                                                    
and how much it is.                                                                                                             
                                                                                                                                
MS. MOSS  first explained that fetal  alcohol syndrome (FAS)                                                                    
is an  example of how  it came about  that you would  have a                                                                    
hard to  place child subsidy  when you didn't know  that the                                                                    
child was  hard to place. An  infant at birth might  show no                                                                    
sign of  problems, but when  the child is  2 or 3  years old                                                                    
signs  of  fetal  alcohol syndrome  (FAS)  or  other  issues                                                                    
becomes  apparent.  Sometimes  the issues  continue  through                                                                    
childhood  and  into adulthood.  This  would  allow DHSS  to                                                                    
initiate a  subsidy at  that time to  pay for  medical costs                                                                    
and assistance to foster parents  to care for the child, not                                                                    
to  exceed the  current  rates for  foster  care. The  state                                                                    
could also  subsidize an adoption through  Medicaid coverage                                                                    
and a subsidy that would  not exceed the foster care subsidy                                                                    
limit. The  upper limit  of the subsidy  is the  amount that                                                                    
foster parents are paid to  take in foster children, and she                                                                    
believes that's in the neighborhood of $850 a month.                                                                            
                                                                                                                                
3:12:28 PM                                                                                                                    
MS. MOSS  continued to say  that Section 4 clarifies  that a                                                                    
public  official  or  employee  who  discloses  confidential                                                                    
information about  a child that  is in OCS custody  could be                                                                    
convicted  of a  misdemeanor. Sections  3 and  4 clarify  in                                                                    
statute that  OCS can change  a child custody  support order                                                                    
by administrative action rather than  having to go to court.                                                                    
OCS currently does  this, so this simply  brings the statute                                                                    
and regulation into alignment, she said.                                                                                        
                                                                                                                                
CHAIR FRENCH said he's trying  to understand the thinking on                                                                    
that.                                                                                                                           
                                                                                                                                
MS. MOSS  explained that  child support  enforcement already                                                                    
has  the   authority  to   change  support   orders  through                                                                    
administrative review, but the  state statutes don't clarify                                                                    
that this applies to OCS as well.                                                                                               
                                                                                                                                
3:14:36 PM                                                                                                                    
MS. MOSS relayed that two  issues came up subsequent to DHSS                                                                    
coming  to the  sponsor.  The first  relates  a conflict  in                                                                    
state  statute  regarding  notification of  absent  parents.                                                                    
This clarifies in  statute that a person who is  18 years of                                                                    
age and  wants to be adopted  is treated as an  adult. There                                                                    
is  no  requirement  to  seek  notification  of  the  absent                                                                    
parents.  Finally,  this  bill incorporates  HB  377,  which                                                                    
clearly  says  that the  state  is  civilly liable  for  the                                                                    
action of its  employees who are on duty  and make decisions                                                                    
that  result in  the injury  or death  of a  child in  state                                                                    
custody.                                                                                                                        
                                                                                                                                
3:16:22 PM                                                                                                                    
SUSAN  COX, Assistant  Attorney General,  Department of  Law                                                                    
(DOL), reported that she is here  to speak to Section 6. DOL                                                                    
helped redraft  that section to  incorporate HB 377.  It was                                                                    
done  with Representative  Gara's permission  and agreement.                                                                    
The  existing   AS  47.10.960   is  unchanged;   it  becomes                                                                    
subsection  (a) and  states that  the statutes  in Title  47                                                                    
cannot form the basis for  a civil action against the state.                                                                    
Subsection  (b)  clarifies  that  a  common  law  action  or                                                                    
wrongful death case would not be prohibited.                                                                                    
                                                                                                                                
CHAIR FRENCH  asked if that  was done with the  full support                                                                    
from the bill sponsor and Ms. Cox said yes.                                                                                     
                                                                                                                                
CHAIR FRENCH  found no one  who wished to testify  on behalf                                                                    
of  HB  354,  and  closed public  testimony.  He  asked  for                                                                    
discussion or a motion.                                                                                                         
                                                                                                                                
3:18:35 PM                                                                                                                    
SENATOR  HUGGINS motioned  to  report CSHB  354, Version  M,                                                                    
from committee with  individual recommendations and attached                                                                    
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR FRENCH announced that  without objection CSHB 354(JUD)                                                                    
is moved from committee.                                                                                                        
                                                                                                                                
  CSHB 331(L&C)-MOTOR VEHICLES:LICENSES/INSURANCE/NOTICES                                                                   
                                                                                                                                
CHAIR FRENCH announced the consideration  of HB 331. [Before                                                                    
the committee was CSHB 331(L&C).]                                                                                               
                                                                                                                                
CRYSTAL KOENEMAN, Staff to  Representative Roses, sponsor of                                                                    
HB 331,  said the  bill does three  things. First,  it drops                                                                    
the penalty  for failure to  notify the Department  of Motor                                                                    
Vehicles (DMV)  of a name or  address change from a  class B                                                                    
misdemeanor to a fine of not more than $25.                                                                                     
                                                                                                                                
3:20:06 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if she knows  whether anyone has                                                                    
ever been convicted of that crime.                                                                                              
                                                                                                                                
MS. KOENEMAN replied she doesn't know.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  asked if there's a  mechanism to force                                                                    
a person to update their license.                                                                                               
                                                                                                                                
MS.  KOENEMAN  deferred  to  Ms.   Brewster  with  DMV.  She                                                                    
continued  to  explain  that  The   second  change  adds  an                                                                    
affirmative  defense  clause.  It   states  that  it  is  an                                                                    
affirmative  defense  if  someone is  charged  with  driving                                                                    
without insurance and  can prove to the court  that they did                                                                    
have valid  insurance at  the time. The  third change  is in                                                                    
Section  3,  which states  that  if  a person  doesn't  have                                                                    
vehicle  insurance,  he  or  she  is guilty  of  a  class  B                                                                    
misdemeanor and a fine of  at least $500. Currently the only                                                                    
fine for  driving without insurance is  a license suspension                                                                    
of 90 days to one year.                                                                                                         
                                                                                                                                
CHAIR  FRENCH  recalled  a  more  severe  penalty  for  that                                                                    
violation.                                                                                                                      
                                                                                                                                
MS. KOENEMAN  responded that  she knows  that municipalities                                                                    
impose different  penalties, but  at this  time it's  up the                                                                    
municipality.                                                                                                                   
                                                                                                                                
CHAIR FRENCH said  he may be harking back to  a time when he                                                                    
was   more  familiar   with  that   statute.  Perhaps   he's                                                                    
forgotten, but he would double check.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  asked for  clarification that  this is                                                                    
in addition, and the license would still be suspended.                                                                          
                                                                                                                                
MS. KOENEMAN said that's correct.  She continued to say that                                                                    
Section 4  of the  bill changes the  notification procedure.                                                                    
Current statute requires  a person who is in  an accident to                                                                    
fill out and submit to DMV a  form saying he or she did have                                                                    
insurance at the time. DMV sends  a notice if a person fails                                                                    
to  send  in  the  form  and a  second  notice  is  sent  by                                                                    
certified  mail if  there is  no  response. If  there is  no                                                                    
response after  30 days, the driver's  license is suspended.                                                                    
Currently the notice is sent to  the address on file, not to                                                                    
the address that  is listed on the  accident report. Section                                                                    
4 changes that  procedure and allows DMV to  send the notice                                                                    
to the address on the accident report.                                                                                          
                                                                                                                                
CHAIR FRENCH recalled  an instance of a  person losing their                                                                    
license  because  the  notification   was  sent  to  an  old                                                                    
address.  This provision  has DMV  send the  notification to                                                                    
either the  address that's on  file or to the  address shown                                                                    
on  the   accident  report,  which  is   probably  the  best                                                                    
information. You  give that information  to the  officer and                                                                    
you should be telling the truth.                                                                                                
                                                                                                                                
3:23:47 PM                                                                                                                    
MS. KOENEMAN agreed.                                                                                                            
                                                                                                                                
CHAIR FRENCH asked  Ms. Brewster if she had  anything to add                                                                    
to the discussion on HB 331.                                                                                                    
                                                                                                                                
WHITNEY  BREWSTER,  Director,  Division of  Motor  Vehicles,                                                                    
Department of  Administration, said the DMV  supports HB 331                                                                    
because  it allows  the division  more flexibility  on where                                                                    
license  suspension   notifications  are  sent.   This  will                                                                    
increase   the  odds   that  notice   gets  to   the  proper                                                                    
individuals.  What  is  listed  on the  accident  report  is                                                                    
sometimes  more current  than information  on file.  Current                                                                    
law  requires DMV  to  send  the notice  to  the address  on                                                                    
record and  this allows the  notice to  be sent to  the most                                                                    
current  address, whether  it  is the  one  on the  accident                                                                    
report  or  the one  DMV  has  on  file. Responding  to  the                                                                    
question raised  earlier, she relayed  that no one  has been                                                                    
convicted of  a misdemeanor  for not changing  their address                                                                    
with the DMV.                                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  asked if it  becomes an issue  for DMV                                                                    
if  people change  their address  multiple  times and  don't                                                                    
notify DMV.                                                                                                                     
                                                                                                                                
MS. BREWSTER  replied DMV likely  wouldn't be aware  that it                                                                    
was happening.                                                                                                                  
                                                                                                                                
CHAIR FRENCH asked if there's  an A misdemeanor on the books                                                                    
for driving without vehicle insurance.                                                                                          
                                                                                                                                
MS. BREWSTER replied she isn't sure.                                                                                            
                                                                                                                                
3:26:28 PM                                                                                                                    
CHAIR FRENCH set HB 331 aside.                                                                                                  
                                                                                                                                
At ease from 3:26:43 PM to 3:27:22 PM.                                                                                      
                                                                                                                                
     HB 333-COMPUTER PERSONS REPORT CHILD PORNOGRAPHY                                                                       
                                                                                                                                
3:27:30 PM                                                                                                                    
REPRESENTATIVE ANNA  FAIRCLOUGH, sponsor  of HB  333, stated                                                                    
that  HB  333   is  an  Act  relating   to  reporting  child                                                                    
pornography.  It  expands   the  reporting  requirements  to                                                                    
include individuals  providing computer,  Internet, cellular                                                                    
telephone and  related services to  the list  of individuals                                                                    
who  are  required  to report  finding  images  of  unlawful                                                                    
exploitation  of   a  minor.  The  Internet   provides  vast                                                                    
opportunity, but it also  allows unparalleled opportunity to                                                                    
exploit children. As images become  prolific in the Internet                                                                    
environment,  children  are  being exploited  and  sometimes                                                                    
that  continues on  into adult  years since  the images  can                                                                    
linger  and get  passed  on to  other  generations. This  is                                                                    
relatively  new  technology  and   we  need  to  address  it                                                                    
differently, she said.                                                                                                          
                                                                                                                                
3:28:50 PM                                                                                                                    
SENATOR THERRIAULT  referred to line  12 asked if  she wants                                                                    
the  report to  go  to the  nearest  law enforcement  agency                                                                    
without regard to the level that might be.                                                                                      
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   replied  she  is  open   to  an                                                                    
amendment. Representative Gara  proposed an amendment saying                                                                    
the nearest  local, state, or  federal authority.  There was                                                                    
question  about whether  the village  public safety  officer                                                                    
(VPSO)  is  the   right  person,  but  that   could  be  the                                                                    
appropriate person, she said.                                                                                                   
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH   relayed    that   a   national                                                                    
organization advancing the  business of technology suggested                                                                    
amending  the  bill to  include  reporting  to the  National                                                                    
Center for Missing and Exploited  Children. Her response was                                                                    
that the report  should go to the local  authorities so that                                                                    
Alaska's  children   would  be   protected  as   quickly  as                                                                    
possible. To  clarify her  intent, NCMEC  asked her  to read                                                                    
the following into the record:                                                                                                  
                                                                                                                                
     Mr.  Chairman,  I  want  to  acknowledge  for  the                                                                         
     record  that there  has been  an existing  federal                                                                         
     law  passed   in  1999,  42  USC   13032,  already                                                                         
     requiring  Internet  Service providers  to  report                                                                         
     suspected  child  pornography  through  the  cyber                                                                         
     tips line of the  National Center for Missing [and                                                                         
     Exploited]  Children  (NCMEC).  NCMEC  coordinates                                                                         
     its law  enforcement activities with  both federal                                                                         
     and local agencies.                                                                                                        
                                                                                                                                
3:30:41 PM                                                                                                                    
REPRESENTATIVE FAIRCLAUGH  continued to  say that she  is in                                                                    
no way  trying to make  Internet service providers  a target                                                                    
in  this  legislation.  As long  as  those  providers  fully                                                                    
fulfill  their existing  federally mandated  reporting, they                                                                    
meet the  requirements in  HB 333, she  said. "I  want local                                                                    
law enforcement agencies  to know where that  computer is at                                                                    
inside the state  of Alaska and to act so  that children are                                                                    
protected in a timely manner."                                                                                                  
                                                                                                                                
CHAIR FRENCH remarked it's tempting  to add a provision that                                                                    
requires anyone who ever sees  child pornography to call the                                                                    
police. He noted that he  and Senator McGuire have supported                                                                    
mandatory notification laws and have run into opposition.                                                                       
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH said  this issue  was brought  to                                                                    
her because members of her  community who work on electronic                                                                    
equipment have  seen these  images. The  concern is  that if                                                                    
the field isn't level, some  people won't do the right thing                                                                    
for a child that's placed in danger.                                                                                            
                                                                                                                                
SENATOR McGUIRE  reminded the sponsor  that, as a  result of                                                                    
forfeiture  legislation she  introduced in  years past,  law                                                                    
enforcement  is able  to confiscate  hard  drives and  other                                                                    
pertinent materials in the course  of an investigation. That                                                                    
can provide an opportunity to learn a lot, she said.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  the federal law  the sponsor                                                                    
mentioned  has   any  preemptive  effect  on   the  Internet                                                                    
provision,  and if  there are  any privileges.  For example,                                                                    
would a  doctor or lawyer be  obligated to make a  report if                                                                    
he  or she  happened across  these images  while looking  at                                                                    
images on your camera for another purpose.                                                                                      
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH   replied    that   a   detailed                                                                    
explanation  of unlawful  exploitation is  referenced in  AS                                                                    
11.41.455. And  if the second  question is asking  if people                                                                    
other than the ones listed  would be required to report, she                                                                    
said it's unfortunate that they are not.                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  said  he's thinking  of  a  situation                                                                    
where you  take your camera  to your  lawyer to look  at and                                                                    
print a  digital picture for  another reason. If  the lawyer                                                                    
flips  through  the images  and  sees  child pornography  he                                                                    
questions  whether  that  would  fall  under  the  reporting                                                                    
requirement  for  "printed  matter  processing"  under  Sec.                                                                    
47.17.023. "I guess I'd be  interested in hearing what legal                                                                    
had to say about that," he said.                                                                                                
                                                                                                                                
3:34:52 PM                                                                                                                    
CHAIR  FRENCH  held  HB  333  in  committee  to  provide  an                                                                    
opportunity to check on several matters.                                                                                        
                                                                                                                                
CHAIR FRENCH recessed the meeting to a call of the chair.                                                                       
                                                                                                                                
4:41:02 PM                                                                                                                    
CHAIR FRENCH  reconvened the meeting. Present  were Senators                                                                    
French,  Huggins, and  Therriault.  Senator McGuire  arrived                                                                    
shortly thereafter.                                                                                                             
                                                                                                                                
   CSHJR 28(FIN)-CONST. AM:BUDGET RES.FUND/OIL& GAS TAX                                                                     
                                                                                                                                
CHAIR FRENCH  announced the consideration of  CSHJR 28(FIN).                                                                    
The bill was heard previously.                                                                                                  
                                                                                                                                
4:41:24 PM                                                                                                                    
LINDA  HAY,  Staff  to  Representative  Ralph  Samuels,  co-                                                                    
sponsor of HJR 28, introduced herself.                                                                                          
                                                                                                                                
CHAIR FRENCH  described HJR 28  as an interesting  idea that                                                                    
should advance  to the next  committee. That being  said, he                                                                    
has two reservations - one  philosophical and one practical.                                                                    
Philosophically  he  questions  how rich  government  should                                                                    
grow.  He  recognizes  that this  state  is  different  than                                                                    
others  because  it's  a  resource state  so  HJR  28  isn't                                                                    
reaching into people's pockets to  do this. I don't think we                                                                    
could get away with that, he  said. But because we live in a                                                                    
resource  state and  because most  everyone recognizes  that                                                                    
the resource isn't infinite, we should save some.                                                                               
                                                                                                                                
The  more practical  issue revolves  around what  happens in                                                                    
the  future. I  think that  we  all recognize  that at  some                                                                    
point in the future the  five percent payout won't be enough                                                                    
to  sustain   government,  he   said.  When   that  happens,                                                                    
lawmakers will have the choice  of imposing an income tax or                                                                    
using the  money in the "strongbox."  He said he has  a hard                                                                    
time believing that as a  body the legislature will have the                                                                    
wherewithal to  impose an income  tax if all that  rainy day                                                                    
money is sitting  there. He believes that at  some point the                                                                    
legislature will  undo this and  reach in and get  the money                                                                    
out.                                                                                                                            
                                                                                                                                
4:43:38 PM                                                                                                                    
SENATOR  THERRIAULT commented  that if  this is  set up,  it                                                                    
would take  a constitutional amendment to  undo, so reaching                                                                    
in to get the money out may be easier said than done.                                                                           
                                                                                                                                
CHAIR FRENCH  said he thinks that  procedurally a resolution                                                                    
would go  to the people asking  if they want to  be taxed or                                                                    
if they want to take the money from the strong box.                                                                             
                                                                                                                                
SENATOR McGUIRE said  her hope is that  government growth is                                                                    
controlled.  The  main  point  the  sponsor  made  was  that                                                                    
continued  growth in  the operating  and capital  budgets is                                                                    
unsustainable. I hope we live within our means, she said.                                                                       
                                                                                                                                
CHAIR  FRENCH  said  the   slide  showing  the  relationship                                                                    
between  the  surplus  and   government  spending  was  very                                                                    
persuasive.                                                                                                                     
                                                                                                                                
4:45:11 PM                                                                                                                    
SENATOR HUGGINS  motioned to report CSHJR  28 from committee                                                                    
with   individual   recommendations  and   attached   fiscal                                                                    
note(s).                                                                                                                        
                                                                                                                                
CHAIR  FRENCH   announced  that  without   objection,  CSHJR                                                                    
28(FIN) is moved from the Senate Judiciary Committee.                                                                           
                                                                                                                                
  CSHB 305(RLS) am -CAMPAIGN FUND RAISING DURING SESSIONS                                                                   
                                                                                                                                
4:46:51 PM                                                                                                                    
CHAIR  FRENCH  announced the  consideration  of  HB 305  and                                                                    
asked for a motion to  adopt Version \O committee substitute                                                                    
(CS).                                                                                                                           
                                                                                                                                
SENATOR HUGGINS moved  to adopt Senate CS for  CSHB 305, 25-                                                                    
LS1226\O, as the working document.                                                                                              
                                                                                                                                
CHAIR FRENCH objected for  discussion purposes. He explained                                                                    
that the  CS makes  one change he  suggested and  one change                                                                    
brought by the sponsor. The  first removes from the bill the                                                                    
references  to federal  offices. The  legal precedent  is so                                                                    
far  beyond debate  that  it's clear  that  the state  would                                                                    
spend money to defend a  statute that would ultimately yield                                                                    
no positive  result. The  sponsor has  agreed to  avoid that                                                                    
fight, he said.  The second change is to  replace the phrase                                                                    
"location  outside   the  capital  city"  with   the  phrase                                                                    
"municipality  other than  the  capital  city." The  sponsor                                                                    
suggested  that change  because  the  word "location"  isn't                                                                    
clear and meaningful.                                                                                                           
                                                                                                                                
4:48:18 PM                                                                                                                    
MIKE POWLOWSKI,  Staff to  Representative Meyer,  sponsor of                                                                    
HB  305, clarified  that  the  Legislative Ethics  Committee                                                                    
suggested  the  change  in  terminology.  The  sponsor  does                                                                    
support both changes, he added.                                                                                                 
                                                                                                                                
CHAIR FRENCH  removed his objection  and finding  no further                                                                    
objection,  announced the  CS is  before  the committee.  He                                                                    
stated  that in  his view  the  CS continues  to operate  in                                                                    
areas where he  has constitutional qualms and  he wants them                                                                    
on the record.  This is an extremely tricky area  of law and                                                                    
there are a welter of opinions  on the topic so it's easy to                                                                    
get lost.  He felt strongly  about the reference  to federal                                                                    
office  and has  suspicions about  other matters,  but those                                                                    
aren't strong  enough to  bottle the  bill up  in committee.                                                                    
It seems  that the real  heart of the matter  is disclosure.                                                                    
Buckley v. Vallejo  went on about that and said  that is the                                                                  
least restrictive manner  in which you can  impose some kind                                                                    
of a restriction on someone's  ability to participate in the                                                                    
marketplace of ideas.                                                                                                           
                                                                                                                                
If you disclosed  every seven days during  session and every                                                                    
month during  the rest  of the year,  you could  raise money                                                                    
whenever you  wanted to, he  said. This bill lets  you raise                                                                    
money in  Anchorage then hop on  a plane to Juneau  and vote                                                                    
on a big bill. Most people  would say that's absurd, but his                                                                    
view is  that if  it's disclosed 24  hours later  the voters                                                                    
would know  what's going on.  "That's a qualm of  mine about                                                                    
the  approach taken  here, but  again this  is one  of those                                                                    
issues that  people wrangle over  for months and  years," he                                                                    
said.  In response  to a  question from  Senator McGuire  he                                                                    
relayed  that Buckley  v. Vallejo  is  the original  Supreme                                                                  
Court case on campaign free speech.                                                                                             
                                                                                                                                
SENATOR THERRIAULT  asked if the  example of hopping  on the                                                                    
plane to Juneau is only within 90 days.                                                                                         
                                                                                                                                
CHAIR   FRENCH  said   yes;  HB   305  maintains   the  flat                                                                    
prohibition  on  fundraising  during a  legislative  session                                                                    
unless the session is within 90 days of an election.                                                                            
                                                                                                                                
MR.  POWLOWSKI said  that's correct  for your  own race  for                                                                    
office.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH added  that even  in this  year you  could see                                                                    
that  happening. If  for some  reason the  governor's office                                                                    
can't  make  a  recommendation until  September  19,  people                                                                    
would be raising money in  Anchorage for their elections and                                                                    
flying down to Juneau to vote on the gas line, he said.                                                                         
                                                                                                                                
SENATOR THERRIAULT asked if  individual legislators would be                                                                    
prohibited from signing  on as a host and  raising money for                                                                    
someone else's campaign within 90 days of the election.                                                                         
                                                                                                                                
MR. POWLOWSKI said  yes, but if a legislator was  in a joint                                                                    
fundraiser it would be  permissible because it's fundraising                                                                    
for  him or  herself, too.  It's  a subtle  nuance that  the                                                                    
sponsor thinks is important, he said.                                                                                           
                                                                                                                                
SENATOR HUGGINS asked if there's a fiscal note.                                                                                 
                                                                                                                                
CHAIR FRENCH said there's a zero fiscal note from APOC.                                                                         
                                                                                                                                
MR.  POWLOWSKI said  they  asked for  the  APOC fiscal  note                                                                    
because of  the adjustment to  AS 15.13.072 in  bill section                                                                    
1.                                                                                                                              
                                                                                                                                
4:53:04 PM                                                                                                                    
SENATOR HUGGINS motioned to  report committee substitute for                                                                    
CSHB 305 from committee  with individual recommendations and                                                                    
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR  FRENCH  announced  that without  objection  SCS  CSHB                                                                    
305(JUD), 25-LS1226\O,  is moved  from the  Senate Judiciary                                                                    
Committee.                                                                                                                      
                                                                                                                                
  CSHB 331(L&C)-MOTOR VEHICLES:LICENSES/INSURANCE/NOTICES                                                                   
                                                                                                                                
CHAIR FRENCH announced the consideration  of HB 331. [Before                                                                    
the  committee   was  CSHB   331(L&C).]  Referring   to  the                                                                    
discussion   during  the   bill  hearing   earlier  in   the                                                                    
afternoon,  he said  he was  right about  the penalties  for                                                                    
driving without insurance.                                                                                                      
                                                                                                                                
4:54:09 PM                                                                                                                    
CHRYSTAL  KOENEMAN,  Staff   to  Representative  Bob  Roses,                                                                    
sponsor of  HB 331,  agreed he  is correct.  Driving without                                                                    
insurance is  an unclassified misdemeanor. It  is punishable                                                                    
by a fine  of not more that $500, imprisonment  for not more                                                                    
than 90 days, or both.                                                                                                          
                                                                                                                                
CHAIR FRENCH  summarized that  driving without  insurance is                                                                    
an unclassified misdemeanor in statute  now and HB 331 makes                                                                    
it  a  class  B  misdemeanor   with  a  minimum  $500  fine.                                                                    
Discussion before the hearing began  indicated that 9 out of                                                                    
10 cases are  dropped in exchange for someone  going out and                                                                    
buying a policy, which is the idea.                                                                                             
                                                                                                                                
Finding no  one who wished to  testify on behalf of  HB 331,                                                                    
he asked for a motion.                                                                                                          
                                                                                                                                
4:55:23 PM                                                                                                                    
SENATOR  McGUIRE  motioned to  report  CS  for HB  331  from                                                                    
committee  with  individual   recommendations  and  attached                                                                    
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR   FRENCH  announced   that  without   objection,  CSHB                                                                    
331(L&C) is moved from the Senate Judiciary Committee.                                                                          
                                                                                                                                
   CSHB 196(JUD)-HANDLING MATTERS AFTER A PERSON'S DEATH                                                                    
                                                                                                                                
CHAIR FRENCH announced the consideration  of HB 196. [Before                                                                    
the  committee was  CSHB 196(JUD).]  He said  he understands                                                                    
that the sponsor  and the interested parties  are willing to                                                                    
drop Section 1.                                                                                                                 
                                                                                                                                
JANE PIERSON,  Staff to  Representative Jay  Ramras, sponsor                                                                    
of HB 196, said that's correct.                                                                                                 
                                                                                                                                
CHAIR FRENCH moved Amendment 2.                                                                                                 
                                                                                                                                
                        AMENDMENT 2                                                                                         
                                                                                                                                
     Page 1, lines 6-10                                                                                                         
          Delete all material                                                                                                   
                                                                                                                                
     Renumber sections accordingly.                                                                                             
                                                                                                                                
CHAIR  FRENCH, hearing  and seeing  no objection,  announced                                                                    
that Amendment 2 is adopted.                                                                                                    
                                                                                                                                
4:58:08 PM                                                                                                                    
SENATOR THERRIAULT asked what Amendment 1 was.                                                                                  
                                                                                                                                
CHAIR FRENCH  replied Amendment  1 changed  on page  2, line                                                                    
10, $100,000 to $50,000.                                                                                                        
                                                                                                                                
SENATOR McGUIRE motioned to report  SCS CSHB 196, as amended                                                                    
today,  from committee  with individual  recommendations and                                                                    
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR  FRENCH announced  that  without  objection, SCS  CSHB                                                                    
196(JUD) is moved from the Senate Judiciary Committee.                                                                          
                                                                                                                                
SENATOR   McGUIRE   moved   the  Senate   concurrent   title                                                                    
resolution  to accompany  HB 196  from the  Senate Judiciary                                                                    
Committee. There being no objection, it was so ordered.                                                                         
                                                                                                                                
CHAIR FRENCH  recessed the Senate  Judiciary Committee  to a                                                                    
call of the chair at 4:59:15 PM.                                                                                              
                                                                                                                                

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