Legislature(2009 - 2010)BELTZ 211

03/16/2009 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 52 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE TELECONFERENCED
Moved SB 52 Out of Committee
+= SB 51 MOTOR VEHICLE WINDOW TINTING TELECONFERENCED
Moved CSSB 51(TRA) Out of Committee
+= SB 96 CHILD SUPPORT/ CASH MEDICAL SUPPORT TELECONFERENCED
Moved CSSB 96(HSS) Out of Committee
+= SJR 10 ADOPT S. 371 IN CONGRESS TELECONFERENCED
Moved SJR 10 Out of Committee
+ HJR 17 OPPOSE H.R. 45 IN CONGRESS TELECONFERENCED
Moved SCS CSHJR 17(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 16, 2009                                                                                         
                           1:39 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Kim Elton                                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 52                                                                                                              
"An Act relating to scheduling  Salvia divinorum and Salvinorin A                                                               
as controlled substances."                                                                                                      
     MOVED SB 52 OUT OF COMMITTEE                                                                                               
                                                                                                                                
SENATE BILL NO. 51                                                                                                              
"An  Act  relating  to  the installation  of  window  tinting  in                                                               
automobiles."                                                                                                                   
     MOVED CSSB 51(TRA) OUT OF COMMITTEE                                                                                        
                                                                                                                                
SENATE BILL NO. 96                                                                                                              
"An  Act relating  to nonpayment  of child  support; relating  to                                                               
certain judicial  and administrative  orders for  medical support                                                               
of a child;  relating to periodic review and  adjustment of child                                                               
support  orders; relating  to  relief  from administrative  child                                                               
support orders;  relating to  child support  arrearages; relating                                                               
to  medical support  of  a  child and  the  Alaska Native  family                                                               
assistance  program; amending  Rule 90.3,  Alaska Rules  of Civil                                                               
Procedure; and providing for an effective date."                                                                                
     MOVED CSSB 96 (HSS) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE JOINT RESOLUTION NO. 10                                                                                                  
Urging  the  United   States  Congress  to  adopt   S.  371,  the                                                               
Respecting States  Rights and Concealed Carry  Reciprocity Act of                                                               
2009.                                                                                                                           
     MOVED SJR 10 OUT OF COMMITTEE                                                                                              
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 17(JUD)                                                                                       
Urging the United States Congress to reject H.R. 45, the Blair                                                                  
Holt's Firearm Licensing and Record of Sale Act of 2009.                                                                        
     MOVED SCS CSHJR(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  52                                                                                                                  
SHORT TITLE: SALVIA DIVINORUM AS CONTROLLED SUBSTANCE                                                                           
SPONSOR(s): SENATOR(s) THERRIAULT                                                                                               
                                                                                                                                
01/21/09       (S)       PREFILE RELEASED 1/9/09                                                                                

01/21/09 (S) READ THE FIRST TIME - REFERRALS

01/21/09 (S) HSS, JUD, FIN 02/11/09 (S) HSS AT 1:30 PM BUTROVICH 205 02/11/09 (S) Heard & Held 02/11/09 (S) MINUTE(HSS) 02/23/09 (S) HSS AT 1:30 PM BUTROVICH 205 02/23/09 (S) Moved SB 52 Out of Committee 02/23/09 (S) MINUTE(HSS) 02/25/09 (S) HSS RPT 1DP 3NR 1AM 02/25/09 (S) DP: DYSON 02/25/09 (S) NR: DAVIS, ELLIS, PASKVAN 02/25/09 (S) AM: THOMAS 03/02/09 (S) JUD AT 2:00 PM BELTZ 211 03/02/09 (S) Heard & Held 03/02/09 (S) MINUTE(JUD) 03/13/09 (S) JUD AT 1:30 PM BELTZ 211 03/13/09 (S) Bills Previously Heard/Scheduled 03/16/09 (S) JUD AT 1:30 PM BELTZ 211 BILL: SB 51 SHORT TITLE: MOTOR VEHICLE WINDOW TINTING SPONSOR(s): SENATOR(s) FRENCH

01/21/09 (S) PREFILE RELEASED 1/9/09

01/21/09 (S) READ THE FIRST TIME - REFERRALS

01/21/09 (S) TRA, JUD 02/24/09 (S) TRA AT 1:00 PM BUTROVICH 205 02/24/09 (S) Heard & Held 02/24/09 (S) MINUTE(TRA) 03/03/09 (S) TRA AT 1:00 PM BUTROVICH 205 03/03/09 (S) Moved CSSB 51(TRA) Out of Committee 03/03/09 (S) MINUTE(TRA) 03/05/09 (S) TRA RPT CS 1DP 1NR 2AM SAME TITLE 03/05/09 (S) DP: KOOKESH 03/05/09 (S) NR: MEYER 03/05/09 (S) AM: DAVIS, PASKVAN 03/09/09 (S) JUD AT 1:30 PM BELTZ 211 03/09/09 (S) Heard & Held 03/09/09 (S) MINUTE(JUD) 03/16/09 (S) JUD AT 1:30 PM BELTZ 211 BILL: SB 96 SHORT TITLE: CHILD SUPPORT/ CASH MEDICAL SUPPORT SPONSOR(s): HEALTH & SOCIAL SERVICES 02/04/09 (S) READ THE FIRST TIME - REFERRALS 02/04/09 (S) HSS, JUD, FIN 02/25/09 (S) HSS AT 1:30 PM BUTROVICH 205 02/25/09 (S) Heard & Held 02/25/09 (S) MINUTE(HSS) 03/02/09 (S) HSS AT 1:30 PM BUTROVICH 205 03/02/09 (S) Moved CSSB 96(HSS) Out of Committee 03/02/09 (S) MINUTE(HSS) 03/03/09 (S) HSS RPT CS 2DP 2NR NEW TITLE 03/03/09 (S) DP: DAVIS, PASKVAN 03/03/09 (S) NR: THOMAS, ELLIS 03/11/09 (S) JUD AT 1:30 PM BELTZ 211 03/11/09 (S) Heard & Held 03/11/09 (S) MINUTE(JUD) 03/16/09 (S) JUD AT 1:30 PM BELTZ 211 BILL: SJR 10 SHORT TITLE: ADOPT S. 371 IN CONGRESS SPONSOR(s): SENATOR(s) THOMAS 02/27/09 (S) READ THE FIRST TIME - REFERRALS 02/27/09 (S) JUD 03/13/09 (S) JUD AT 1:30 PM BELTZ 211 03/13/09 (S) SALVIA DIVINORUM AS CONTROLLED SUBSTANCE 03/16/09 (S) JUD AT 1:30 PM BELTZ 211 BILL: HJR 17 SHORT TITLE: OPPOSE H.R. 45 IN CONGRESS SPONSOR(s): REPRESENTATIVE(s) HARRIS 02/11/09 (H) READ THE FIRST TIME - REFERRALS 02/11/09 (H) JUD 02/16/09 (H) JUD AT 1:00 PM CAPITOL 120 02/16/09 (H) Moved CSHJR 17(JUD) Out of Committee 02/16/09 (H) MINUTE(JUD) 02/18/09 (H) JUD RPT CS(JUD) 6DP 02/18/09 (H) DP: GRUENBERG, LYNN, COGHILL, HOLMES, GATTO, RAMRAS 02/25/09 (H) TRANSMITTED TO (S) 02/25/09 (H) VERSION: CSHJR 17(JUD) 02/27/09 (S) READ THE FIRST TIME - REFERRALS 02/27/09 (S) JUD 03/16/09 (S) JUD AT 1:30 PM BELTZ 211 WITNESS REGISTER SENATOR JOE THOMAS Alaska State Legislature Juneau AK POSITION STATEMENT: Sponsor of SJR 10. PETE FELLMAN, Staff to Representative John Harris Alaska Capitol Building Juneau AK POSITION STATEMENT: Introduced HJR 17 on behalf of the sponsor. ACTION NARRATIVE 1:39:46 PM CHAIR HOLLIS FRENCH called the Senate Judiciary Standing Committee meeting to order at 1:39 p.m. Present at the call to order were Senators Therriault, McGuire and French. Senator Wielechowski arrived soon thereafter. SB 52-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE 1:40:17 PM CHAIR FRENCH announced the consideration of SB 52. The committee heard the bill last week and public testimony was taken. 1:40:28 PM SENATOR THERRIAULT, speaking as sponsor, said someone from the Interior contacted him and suggested it would be appropriate to assess a fine and place an age limit on use of the drug. But when he looked at the drugs on the current schedule he decided that adopting that stance would likely result in subsequent. legislation to remove drugs from the schedule. He doesn't sense that the public wants to do that so he is comfortable with the bill as proposed. SENATOR THERRIAULT moved to report SB 52 from committee with individual recommendations and attached fiscal note(s). There being no objection, SB 52 moved from the Senate Judiciary Standing Committee. At ease at 1:41:44 pm. SB 51-MOTOR VEHICLE WINDOW TINTING 1:42:38 PM CHAIR FRENCH announced the consideration of SB 51 and noted that the transportation committee substitute is before the committee. Public testimony and committee discussion was taken previously. 1:43:04 PM SENATOR WIELECHOWSKI moved to report CS for SB 51 from committee with individual recommendations and attached fiscal note(s). There being no objection, CSSB 51(TRA) moved from the Senate Judiciary Standing Committee. At ease at 1:43:39 pm. SB 96-CHILD SUPPORT/ CASH MEDICAL SUPPORT 1:44:18 PM CHAIR FRENCH announced the consideration of SB 96. [Before the committee was CSSB 96(HSS).] The bill was presented last week including the definitions and an explanation of the new statutory sections. He said it seems to be a good idea to add cash medical support order, when necessary, to give the state flexibility when disbursing child support to the obligee. Finding no committee discussion, he asked for a motion. 1:45:08 PM SENATOR WIELECHOWSKI moved to report CS for SB 96 from committee with individual recommendations and attached fiscal note(s). There being no objection, CSSB 96(HSS) moved from the Senate Judiciary Standing Committee. At ease at 1:45:21 pm. SJR 10-ADOPT S. 371 IN CONGRESS 1:46:52 PM CHAIR FRENCH announced the consideration of SJR 10. SENATOR JOE THOMAS, Alaska State Legislature, sponsor, said the right to keep and bear arms is cherished by Alaskans. SJR 10 calls for passage of federal legislation that protects Alaskan traditions. Passage of the federal Respecting States Rights and Concealed Carry Reciprocity Act will establish a nationwide reciprocity agreement for carrying concealed firearms. This will allow a citizen who is permitted to carry a concealed firearm in their home state to do so in states with similar laws. Laws of the host state must be followed including laws concerning specific locations where firearms may not be carried. Any individual prohibited by federal law from carrying a firearm will continue to be prohibited under the bill. Many states currently offer reciprocity to states with similar laws, but these agreements can change or lapse. For example, North Dakota recently phased out training requirements from the concealed carry licensing process and that resulted in the lapse of several reciprocity agreements with other states. Shifting agreements can make it difficult for a bearer of a concealed firearm to keep track of which states offer reciprocity. Provisions of the law ensure that residents of Alaska and Vermont, which have unique concealed carry laws, are not prohibited from enjoying the same rights as the residents from states having more common conceal and carry laws. 1:48:44 PM CHAIR FRENCH asked for clarification that there is not a uniform rule with respect to carrying a concealed firearm from state to state. SENATOR THOMAS said that's the case now, but this federal legislation would make a uniform rule. CHAIR FRENCH asked if the federal legislation intends to set up an interstate concealed carry compact to which each state would belong. SENATOR THOMAS said yes. It's the same concept of mutual reciprocity that makes your driver's license valid in other states. CHAIR FRENCH noted that this probably would have no bearing on the relationship between Alaska and Canada; carrying firearms from Alaska through Canada to Washington will remain a fairly major impediment. SENATOR THOMAS said that's correct. 1:50:34 PM CHAIR FRENCH noted the letters of support from the two U.S. Senators. Finding no questions or anyone who wanted to testify, he closed public testimony and asked for a motion. SENATOR WIELECHOWSKI moved to report SJR 10 from committee with individual recommendations and attached zero fiscal note(s). There being no objection, SJR 10 move from the Senate Judiciary Standing Committee. At ease at 1:51:55 PM. HJR 17-OPPOSE H.R. 45 IN CONGRESS 1:52:55 PM CHAIR FRENCH announced the consideration of HJR 17. [Before the committee was CSHJR 17(JUD).] He noted the companion Senate resolution in the bill packet. PETE FELLMAN, Staff to Representative John Harris said HJR 17 urges Congress to reject H.R. 45, which is known as the Blair Holt's Firearm Licensing and Record of Sale Act of 2009. The sponsor feels the federal legislation is out of step with Alaskan values. The resolution is self defining, he said, and offered to provide a brief summary or answer questions. CHAIR FRENCH found no questions from the committee. He noted that his office reviewed the resolution and he believes there was an agreement with the sponsor to change one word of the resolution. On page 2, line 4, the second "Whereas" clause currently states that "under H.R. 45, a firearm owner could be charged with a federal felony based on the actions of a juvenile who might gain access to the firearm;" and his office believes it will be a misdemeanor. CHAIR FRENCH moved Amendment 1 as follows: AMENDMENT 1 Page 2, line 4 following "charged with a": Delete "felony" Insert "misdemeanor" Finding no objection, he announced that Amendment 1 carries. 1:55:47 PM SENATOR THERRIAULT asked Mr. Fellman what modifications were made in the House Judiciary Committee. MR. FELLMAN explained that the second "WHEREAS" was inserted on page 1, lines 6-8. CHAIR FRENCH closed public testimony. SENATOR THERRIAULT moved to report the committee's substitute for HJR 17 from committee with individual recommendations and attached fiscal note. There being no objection, SCS CSHJR 17(JUD) moved from the Senate Judiciary Standing Committee. 1:57:21 PM There being no further business to come before the committee, Chair French adjourned the meeting at 1:57 pm.

Document Name Date/Time Subjects
CSSD Fed Compliance letter 16mar09.pdf SJUD 3/16/2009 1:30:00 PM
SB 96