Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/01/2013 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 69 EXEMPT FIREARMS FROM FEDERAL REGULATION TELECONFERENCED
Heard & Held
+ HB 33 KNIVES, GRAVITY KNIVES, & SWITCHBLADES TELECONFERENCED
Moved SCS HB 33(JUD) Out of Committee
+ SB 65 RETIREMENT PLANS; ROTH IRAS; PROBATE TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= HB 81 2013 REVISOR'S BILL TELECONFERENCED
Moved HB 81 Out of Committee
+= HB 83 FEDERAL LAWS & EXECUTIVE ORDERS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 1, 2013                                                                                          
                           1:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Lesil McGuire, Vice Chair                                                                                               
Senator Fred Dyson                                                                                                              
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donald Olson                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 81                                                                                                               
"An Act  making corrective amendments  to the Alaska  Statutes as                                                               
recommended  by the  revisor of  statutes; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED HB 81 OUT OF COMMITTEE                                                                                             
                                                                                                                                
HOUSE BILL NO. 33                                                                                                               
"An Act  adding definitions of 'gravity  knife' and 'switchblade'                                                               
to the criminal  law; and relating to reserving  the authority to                                                               
regulate  knives  to  the  state   with  limited  exceptions  for                                                               
municipalities to regulate knives."                                                                                             
                                                                                                                                
     - MOVED SCS HB 33(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
SENATE BILL NO. 65                                                                                                              
"An  Act relating  to property  exemptions for  retirement plans,                                                               
individual  retirement amending  Rule 64,  Alaska Rules  of Civil                                                               
Procedure, and  Rule 301(a), Alaska  Rules of accounts,  and Roth                                                               
IRAs;  relating  to  transfers of  individual  retirement  plans;                                                               
relating  to  Evidence."  the rights  of  judgment  creditors  of                                                               
members of  limited liability companies  and partners  of limited                                                               
liability  partnerships; relating  to the  Uniform Probate  Code,                                                               
including  pleadings, orders,  liability, and  notices under  the                                                               
Uniform Probate  Code and  the Alaska  Principal and  Income Act,                                                               
the  appointment of  trust property,  the Alaska  Uniform Prudent                                                               
Investor Act, co-trustees, trust  protectors, and trust advisors;                                                               
relating to the Alaska Principal  and Income Act; relating to the                                                               
Alaska  Uniform   Transfers  to  Minors  Act;   relating  to  the                                                               
disposition of  human remains;  relating to  the tax  on insurers                                                               
for life insurance policies; relating  to insurable interests for                                                               
certain   insurance  policies;   relating   to  restrictions   on                                                               
transfers   of  trust   interests;   relating  to   discretionary                                                               
interests  in  irrevocable  trusts;  relating  to  the  community                                                               
property of married persons; and                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 69(JUD)                                                                                 
"An  Act exempting  certain  firearms,  firearm accessories,  and                                                               
ammunition  in  this  state from  federal  regulation;  declaring                                                               
certain   federal  statutes,   regulations,  rules,   and  orders                                                               
unconstitutional under the Constitution of  the United States and                                                               
unenforceable  in this  state; providing  criminal penalties  for                                                               
federal officials  who enforce  or attempt  to enforce  a federal                                                               
statute, regulation,  rule, or order regulating  certain firearms                                                               
and  firearm accessories  in  this state;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 83(JUD)                                                                                 
"An  Act  relating  to  certain  federal  statutes,  regulations,                                                               
presidential  executive  orders   and  actions,  and  secretarial                                                               
orders  and  actions; relating  to  the  duties of  the  attorney                                                               
general; and providing for an effective date."                                                                                  
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  81                                                                                                                  
SHORT TITLE: 2013 REVISOR'S BILL                                                                                                
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
01/22/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/13       (H)       JUD                                                                                                    
03/01/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/01/13       (H)       Heard & Held                                                                                           
03/01/13       (H)       MINUTE(JUD)                                                                                            
03/04/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/04/13       (H)       Heard & Held                                                                                           
03/04/13       (H)       MINUTE(JUD)                                                                                            
03/11/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/11/13       (H)       Moved Out of Committee                                                                                 
03/11/13       (H)       MINUTE(JUD)                                                                                            
03/13/13       (H)       JUD RPT 5DP                                                                                            
03/13/13       (H)       DP: GRUENBERG, LYNN, LEDOUX, FOSTER,                                                                   
                         KELLER                                                                                                 
03/15/13       (H)       TRANSMITTED TO (S)                                                                                     
03/15/13       (H)       VERSION: HB 81                                                                                         
03/18/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/18/13       (S)       JUD                                                                                                    
03/29/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/01/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  83                                                                                                                  
SHORT TITLE: FEDERAL LAWS & EXECUTIVE ORDERS                                                                                    
SPONSOR(s): KELLER                                                                                                              
                                                                                                                                
01/22/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/13       (H)       JUD                                                                                                    
02/08/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/13       (H)       Heard & Held                                                                                           
02/08/13       (H)       MINUTE(JUD)                                                                                            
02/18/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/18/13       (H)       Scheduled But Not Heard                                                                                
02/25/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/25/13       (H)       Scheduled But Not Heard                                                                                
02/27/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/27/13       (H)       Heard & Held                                                                                           
02/27/13       (H)       MINUTE(JUD)                                                                                            
03/04/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/04/13       (H)       Moved CSHB  83(JUD) Out of Committee                                                                   
03/04/13       (H)       MINUTE(JUD)                                                                                            
03/05/13       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
03/05/13       (H)       DP: MILLETT, GRUENBERG, PRUITT, FOSTER,                                                                
                         KELLER                                                                                                 
03/13/13       (H)       TRANSMITTED TO (S)                                                                                     
03/13/13       (H)       VERSION: CSHB 83(JUD)                                                                                  
03/15/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/15/13       (S)       JUD                                                                                                    
03/29/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/01/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  33                                                                                                                  
SHORT TITLE: KNIVES, GRAVITY KNIVES, & SWITCHBLADES                                                                             
SPONSOR(s): REPRESENTATIVE(s) NEUMAN                                                                                            
                                                                                                                                
01/16/13       (H)       PREFILE RELEASED 1/7/13                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       JUD                                                                                                    
02/27/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/27/13       (H)       Moved Out of Committee                                                                                 
02/27/13       (H)       MINUTE(JUD)                                                                                            
03/01/13       (H)       JUD RPT 6DP                                                                                            
03/01/13       (H)       DP: MILLETT, GRUENBERG, PRUITT, LYNN,                                                                  
                         LEDOUX, KELLER                                                                                         
03/27/13       (H)       TRANSMITTED TO (S)                                                                                     
03/27/13       (H)       VERSION: HB  33                                                                                        
03/28/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/28/13       (S)       JUD                                                                                                    
04/01/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  65                                                                                                                  
SHORT TITLE: APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       FIN                                                                                                    
01/22/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/22/13       (H)       Scheduled But Not Heard                                                                                
01/23/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/23/13       (H)       Heard & Held                                                                                           
01/23/13       (H)       MINUTE(FIN)                                                                                            
01/24/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/24/13       (H)       Heard & Held                                                                                           
01/24/13       (H)       MINUTE(FIN)                                                                                            
01/25/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/25/13       (H)       Heard & Held                                                                                           
01/25/13       (H)       MINUTE(FIN)                                                                                            
01/28/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/28/13       (H)       Heard & Held                                                                                           
01/28/13       (H)       MINUTE(FIN)                                                                                            
01/29/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/29/13       (H)       Heard & Held                                                                                           
01/29/13       (H)       MINUTE(FIN)                                                                                            
01/30/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/30/13       (H)       Heard & Held                                                                                           
01/30/13       (H)       MINUTE(FIN)                                                                                            
01/31/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/31/13       (H)       Heard & Held                                                                                           
01/31/13       (H)       MINUTE(FIN)                                                                                            
02/14/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/14/13       (H)       Heard & Held                                                                                           
02/14/13       (H)       MINUTE(FIN)                                                                                            
03/04/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/04/13       (H)       Heard & Held                                                                                           
03/04/13       (H)       MINUTE(FIN)                                                                                            
03/05/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/05/13       (H)       Heard & Held                                                                                           
03/05/13       (H)       MINUTE(FIN)                                                                                            
03/06/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/06/13       (H)       Heard & Held                                                                                           
03/06/13       (H)       MINUTE(FIN)                                                                                            
03/11/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/11/13       (H)       APPROP: MENTAL HEALTH BUDGET                                                                           
03/12/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/12/13       (H)       Heard & Held                                                                                           
03/12/13       (H)       MINUTE(FIN)                                                                                            
03/13/13       (H)       FIN RPT CS(FIN) NT 9DP 2AM                                                                             
03/13/13       (H)       DP: HOLMES, THOMPSON, MUNOZ, NEUMAN,                                                                   
                         EDGMON, T.WILSON, COSTELLO, AUSTERMAN,                                                                 
03/13/13       (H)       STOLTZE                                                                                                
03/13/13       (H)       AM: GARA, KAWASAKI                                                                                     
03/13/13       (H)       FIN AT 9:00 AM HOUSE FINANCE 519                                                                       
03/13/13       (H)       Moved CSHB  65(FIN) Out of Committee                                                                   
03/13/13       (H)       MINUTE(FIN)                                                                                            
03/13/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/13/13       (H)       APPROP: MENTAL HEALTH BUDGET                                                                           
03/14/13       (H)       TRANSMITTED TO (S)                                                                                     
03/14/13       (H)       VERSION: CSHB 65(FIN)                                                                                  
03/15/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/15/13       (S)       FIN                                                                                                    
03/21/13       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/21/13       (S)       Heard & Held                                                                                           
03/21/13       (S)       MINUTE(FIN)                                                                                            
03/22/13       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/22/13       (S)       Heard & Held                                                                                           
03/22/13       (S)       MINUTE(FIN)                                                                                            
03/22/13       (S)       FIN AT 1:30 PM SENATE FINANCE 532                                                                      
03/22/13       (S)       Heard & Held                                                                                           
03/22/13       (S)       MINUTE(FIN)                                                                                            
03/23/13       (S)       FIN AT 10:00 AM SENATE FINANCE 532                                                                     
03/23/13       (S)       Heard & Held                                                                                           
03/23/13       (S)       MINUTE(FIN)                                                                                            
03/25/13       (S)       FIN AT 1:30 PM SENATE FINANCE 532                                                                      
03/25/13       (S)       APPROP: MENTAL HEALTH BUDGET                                                                           
03/26/13       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/26/13       (S)       Moved SCS CSHB  65(FIN) Out of                                                                         
                         Committee                                                                                              
03/26/13       (S)       MINUTE(FIN)                                                                                            
03/27/13       (S)       FIN RPT SCS  7DP   SAME TITLE                                                                          
03/27/13       (S)       DP: KELLY, MEYER, FAIRCLOUGH, BISHOP,                                                                  
                         DUNLEAVY, HOFFMAN, OLSON                                                                               
03/29/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/01/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  69                                                                                                                  
SHORT TITLE: EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                            
SPONSOR(s): REPRESENTATIVE(s) CHENAULT                                                                                          
                                                                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       JUD                                                                                                    
01/18/13       (H)       BILL REPRINTED 1/17/13                                                                                 
02/08/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/13       (H)       Heard & Held                                                                                           
02/08/13       (H)       MINUTE(JUD)                                                                                            
02/18/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/18/13       (H)       Moved CSHB  69(JUD) Out of Committee                                                                   
02/18/13       (H)       MINUTE(JUD)                                                                                            
02/20/13       (H)       JUD RPT CS(JUD) NT  6DP 1NR                                                                            
02/20/13       (H)       DP: MILLETT, PRUITT, LYNN, FOSTER,                                                                     
                         LEDOUX, KELLER                                                                                         
02/20/13       (H)       NR: GRUENBERG                                                                                          
02/27/13       (H)       TRANSMITTED TO (S)                                                                                     
02/27/13       (H)       VERSION: CSHB 69(JUD)                                                                                  
02/28/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/13       (S)       JUD                                                                                                    
03/15/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/15/13       (S)       Heard & Held                                                                                           
03/15/13       (S)       MINUTE(JUD)                                                                                            
03/18/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/18/13       (S)       Heard & Held                                                                                           
03/18/13       (S)       MINUTE(JUD)                                                                                            
03/20/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/20/13       (S)       CONST. AM: EDUCATION FUNDING                                                                           
03/25/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/25/13       (S)       Heard & Held                                                                                           
03/25/13       (S)       MINUTE(JUD)                                                                                            
03/29/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/29/13       (S)       Heard & Held                                                                                           
03/29/13       (S)       MINUTE(JUD)                                                                                            
04/01/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CHUCK KOPP, Staff                                                                                                               
Senator Fred Dyson                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced the proposed Senate CS for HB 33.                                                              
                                                                                                                                
RAY THIVAULT, representing himself                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 33.                                                                            
                                                                                                                                
CHAD HUTCHINSON, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced SB 65 on behalf of the sponsor.                                                                
                                                                                                                                
DAVID SHAFTEL, Attorney                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 65.                                                                            
                                                                                                                                
DOUGLAS BLATTNACHR, President and CEO                                                                                           
Alaska Trust Corporation                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 65.                                                                            
                                                                                                                                
BETH CHAPMAN, Attorney                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 65.                                                                            
                                                                                                                                
SEYMOUR MILLS, representing himself                                                                                             
Sterling, Alaska                                                                                                                
POSITION STATEMENT: Stated absolute opposition to the watered                                                                 
down version of HB 69.                                                                                                          
                                                                                                                                
LLOYD HILLING, representing himself                                                                                             
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 69.                                                                            
                                                                                                                                
FRANK TURNEY, representing himself                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 69.                                                                            
                                                                                                                                
LYNETTE CLARK, representing herself                                                                                             
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified that she wants HB 69 to pass, but                                                               
that the Senate CS lacks important references.                                                                                  
                                                                                                                                
DAVID LEE, representing himself                                                                                                 
Nikiski, Alaska                                                                                                                 
POSITION STATEMENT: Described the changes to the penalties in                                                                 
the Senate CS for HB 69 as abhorrent.                                                                                           
                                                                                                                                
MIKE COONS, representing himself                                                                                                
Lazy Mountain, Alaska                                                                                                           
POSITION STATEMENT:  Urged the committee  to reinsert  the felony                                                             
provision in HB 69.                                                                                                             
                                                                                                                                
WAYNE OZOSKY, representing himself                                                                                              
Eagle River, Alaska                                                                                                             
POSITION STATEMENT: Testified in support of HB 69.                                                                            
                                                                                                                                
JIM POUND, Staff                                                                                                                
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced HB 83 on behalf of the sponsor.                                                                
                                                                                                                                
DAVID JONES, Assistant Attorney General                                                                                         
Civil Division                                                                                                                  
Opinions, Appeals, and Ethics Section                                                                                           
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:  Testified that  DOL  does  not foresee  any                                                             
problems with HB 83.                                                                                                            
                                                                                                                                
MIKE COONS, representing himself                                                                                                
Lazy Mountain, Alaska                                                                                                           
POSITION STATEMENT: Testified in support of HB 83.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:35:53 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:35  p.m. Present at the  call to                                                               
order  were  Senators  Dyson, Wielechowski,  McGuire,  and  Chair                                                               
Coghill.                                                                                                                        
                                                                                                                                
                   HB  81-2013 REVISOR'S BILL                                                                               
                                                                                                                                
1:37:58 PM                                                                                                                    
CHAIR COGHILL announced the consideration  of HB 81. He asked the                                                               
committee for questions or comments.                                                                                            
                                                                                                                                
1:38:08 PM                                                                                                                    
SENATOR  DYSON  said  it  piqued   his  interest  to  learn  that                                                               
Legislative Legal  Services relies  heavily on the  Department of                                                               
Law to locate inconsistencies,  redundancies, and obsolescence in                                                               
the  statutes, because  they don't  have the  resources to  do it                                                               
themselves. He  relayed that he  would continue to look  into the                                                               
matter.                                                                                                                         
                                                                                                                                
SENATOR  DYSON  moved  to  report   HB  81  from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR COGHILL found  no objection and announced that  HB 81 moved                                                               
from Senate Judiciary Standing Committee.                                                                                       
                                                                                                                                
         HB  33-KNIVES, GRAVITY KNIVES, & SWITCHBLADES                                                                      
                                                                                                                                
1:39:41 PM                                                                                                                    
CHAIR COGHILL  announced the  consideration of  HB 33,  and asked                                                               
for a  motion to adopt  the proposed Senate  committee substitute                                                               
(CS).                                                                                                                           
                                                                                                                                
SENATOR DYSON  moved to adopt  Senate CS  for HB 33,  labeled 28-                                                               
LS0194\C as the working document.                                                                                               
                                                                                                                                
1:40:36 PM                                                                                                                    
CHAIR COGHILL objected for purposes of an explanation.                                                                          
                                                                                                                                
1:40:59 PM                                                                                                                    
REPRESENTATIVE MARK NEUMAN, sponsor of  HB 33, stated support for                                                               
the Senate CS for HB 33, version C.                                                                                             
                                                                                                                                
CHAIR COGHILL asked Mr. Kopp  to explain the changes that version                                                               
C made.                                                                                                                         
                                                                                                                                
1:41:37 PM                                                                                                                    
CHUCK KOPP,  Staff to Senator  Fred Dyson, stated that  version C                                                               
was  a cooperative  effort with  the bill  sponsor. He  explained                                                               
that Senator Dyson  believes that criminal law  should only apply                                                               
to conduct that is blame  worthy or that threatens public safety.                                                               
Version C  [incorporates SB 11] and  makes it legal for  a person                                                               
18 years or older to possess a gravity knife or switchblade.                                                                    
                                                                                                                                
He provided the following sectional analysis:                                                                                   
                                                                                                                                
Section 1 decriminalizes the manufacture  or sale of switchblades                                                               
or gravity knives and provides that  a person may not transfer or                                                               
sell  those knives  to  a  person under  age  18 without  written                                                               
parental consent.                                                                                                               
                                                                                                                                
Section  2 provides  that a  person under  age 16  may possess  a                                                               
gravity knife or switchblade if he/she has parental consent.                                                                    
                                                                                                                                
Section  3 adopts  definitions for  the terms  gravity knife  and                                                               
switchblade.                                                                                                                    
                                                                                                                                
[Section 4 adds "and knives" to AS 29.10.200.]                                                                                  
                                                                                                                                
Sections 5 and  6 give authority to the state  to regulate knives                                                               
so that  a municipality can  regulate conduct relating  to knives                                                               
to the extent that the ordinance  is the same or less restrictive                                                               
than state  law. This is similar  to the ability of  the state to                                                               
regulate firearms.                                                                                                              
                                                                                                                                
Section 7 repeals AS 11.61.220(a)(5).                                                                                           
                                                                                                                                
MR.  KOPP relayed  that his  research  shows that  less than  two                                                               
percent  of assaults  on  public safety  officers  are done  with                                                               
knives, and  in the  past two years  public safety  officers have                                                               
sustained  no injuries  or assaults  from  knives. Research  also                                                               
indicates  that   knives  are  less  dangerous   to  the  general                                                               
population  than  other weapons,  including  hands  and feet.  He                                                               
argued that  in a  state where  a non-felon  can legally  carry a                                                               
concealed  handgun, it  is incongruous  that the  person couldn't                                                               
carry a  gravity knife  or switchblade, as  they would  any other                                                               
knife. He directed attention to a display of legal knives.                                                                      
                                                                                                                                
1:46:32 PM                                                                                                                    
REPRESENTATIVE   NEUMAN  said   he   discussed   this  with   law                                                               
enforcement and the  commissioner of public safety  and they were                                                               
not concerned with version C.                                                                                                   
                                                                                                                                
CHAIR COGHILL asked the sponsor or  Mr. Kopp to speak to the fact                                                               
that  this law,  if enacted,  would impose  a different  standard                                                               
than is found in National Parks in the state.                                                                                   
                                                                                                                                
MR.  KOPP  explained  that  Jeffrey  Olson,  the  National  Parks                                                               
spokesperson,  said  that  the   current  federal  parks'  policy                                                               
regarding weapons  enforcement is  to comply  with state  law. He                                                               
said  that knife  regulations in  the parks  were less  important                                                               
than guns, but he would follow up.                                                                                              
                                                                                                                                
1:48:47 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he supports  the bill, but  would like                                                               
to hear  from an attorney  about the differences  between federal                                                               
and state law  regarding knives. He suggested that it  would be a                                                               
good idea  to educate Alaskans about  what they can and  can't do                                                               
legally on federal land in this state.                                                                                          
                                                                                                                                
MR. KOPP  explained that Mr.  Olson encouraged the state  to work                                                               
with local  park service  offices to clearly  post the  rules and                                                               
regulations. It's a duty of  the state to communicate that public                                                               
information, he said.                                                                                                           
                                                                                                                                
CHAIR COGHILL  encouraged the sponsors,  before the  bill reaches                                                               
the floor, to speak with either  the Region 10 director or a park                                                               
supervisor in Alaska about how the bill may impact them.                                                                        
                                                                                                                                
MR. KOPP acknowledged the suggestion.                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI said  he'd  be  more comfortable  receiving                                                               
written comments from the parks.                                                                                                
                                                                                                                                
1:51:13 PM                                                                                                                    
SENATOR  DYSON   commented  that  thousands  of   Alaskans  carry                                                               
assisted opening  knives and they  would be stunned to  know that                                                               
they're illegal.                                                                                                                
                                                                                                                                
SENATOR  DYSON  moved to  report  [Senate  CS  for CSHB  33  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).]                                                                                                                       
                                                                                                                                
CHAIR COGHILL removed his objection  and version C was before the                                                               
committee.  He said  he  would  take up  the  motion when  public                                                               
testimony was finished.                                                                                                         
                                                                                                                                
RAY  THIVAULT, representing  himself,  Anchorage, Alaska,  stated                                                               
that he owns  a large knife store in Anchorage  and would like to                                                               
chime  in that  HB  33  would have  a  positive  impact on  trade                                                               
industries and professionals. He said  he had nothing negative to                                                               
say about the bill.                                                                                                             
                                                                                                                                
1:53:50 PM                                                                                                                    
CHAIR  COGHILL   announced  that  without  objection   [SCS  CSHB                                                               
33(JUD)] moved from the Senate Judiciary Standing Committee.                                                                    
                                                                                                                                
1:54:11 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
          SB  65-RETIREMENT PLANS; ROTH IRAS; PROBATE                                                                       
                                                                                                                                
                                                                                                                                
1:56:55 PM                                                                                                                    
CHAIR COGHILL announced the consideration  of SB 65. He described                                                               
the  bill  as a  continuing  update  of  trust doctrine  law  and                                                               
relayed that he was carrying the bill this year.                                                                                
                                                                                                                                
1:57:43 PM                                                                                                                    
CHAD HUTCHINSON, Staff to Senator  Coghill, stated that SB 65 has                                                               
wide  support from  banks. It  updates Alaska  trust laws,  which                                                               
haven't  been updated  since  1997. He  explained  that when  the                                                               
statutes  were  enacted they  put  Alaska  at the  forefront  and                                                               
created  commerce  and jobs  in  a  variety of  fields  including                                                               
insurance, legal,  trust and banking.  However, since  1997 other                                                               
states  have enacted  similar  legislation  and surpasses  Alaska                                                               
law.                                                                                                                            
                                                                                                                                
He  opined  that  SB  65  will  diversify  the  state's  economic                                                               
portfolio  and  make  it  highly  competitive  in  the  financial                                                               
planning  sector.  It will  generate  revenue  for the  state  by                                                               
encouraging residents  and nonresidents  to plan  their financial                                                               
future and  security in  Alaska. The  bill benefits  everyone, he                                                               
said.                                                                                                                           
                                                                                                                                
2:01:15 PM                                                                                                                    
CHAIR  COGHILL  noted  that  Marty  Hester,  David  Shaftel,  and                                                               
Douglas  Blattmachr   were  available   to  testify   and  answer                                                               
questions.                                                                                                                      
                                                                                                                                
2:01:44 PM                                                                                                                    
DAVID SHAFTEL,  Attorney, Anchorage, Alaska, stated  that his law                                                               
office   focuses   on   estate    planning   and   estate   trust                                                               
administration. He  related that  he has worked  with a  group of                                                               
attorneys   and   trust   officers  since   1997   to   recommend                                                               
improvements to Alaska  trust and estate laws.  He explained that                                                               
SB 65 amends  the Uniform Principle and Income Act  to conform to                                                               
final IRS  regulation; it amends  the Alaska Uniform  Transfer to                                                               
Minors Act  to continue management  of the minor's  assets beyond                                                               
the age  of maturity if he/she  desires; it enacts a  majority of                                                               
rule in the retirement account  area that provides protection for                                                               
beneficiaries'  interests;  and it  allows  for  the transfer  of                                                               
IRAs.                                                                                                                           
                                                                                                                                
In the area  of life insurance, SB 65 clarifies  that trustees of                                                               
life  insurance  trusts  can have  insurable  interests,  and  it                                                               
relieves  trustees of  life insurance  trusts  of liability  with                                                               
respect to  insurance policies that  the clients  have purchased.                                                               
The bill  also clarifies  the remedies  in the  limited liability                                                               
company and limited  partnership area. There is  also a provision                                                               
new  to  Alaska  law  that addresses  the  disposition  of  human                                                               
remains. As part  of estate planning, a person  can designate who                                                               
will make those  decisions using the form that  is included under                                                               
that  amendment.  In 1998  Alaska  enacted  a community  property                                                               
regime that minimizes  capital gains taxes when  property is sold                                                               
by  the surviving  spouse. SB  65 contains  provisions under  the                                                               
community property  regime that  clarify title matters  and rules                                                               
for  recovering improper  gifts. The  bill also  enacts decanting                                                               
provisions for modifying trusts.                                                                                                
                                                                                                                                
He described SB 65 as an excellent bill.                                                                                        
                                                                                                                                
CHAIR COGHILL  noted that four  members of the committee  heard a                                                               
substantially similar bill last year.                                                                                           
                                                                                                                                
2:08:17 PM                                                                                                                    
DOUGLAS BLATTNACHR,  President and CEO, Alaska  Trust Corporation                                                               
(ATC),  Anchorage,  Alaska,  stated that  ATC  strongly  supports                                                               
passage of  SB 65,  but would  like Sections  34 and  35 removed.                                                               
They should be in a separate bill.                                                                                              
                                                                                                                                
CHAIR  COGHILL  stated his  intention  to  introduce a  committee                                                               
substitute  (CS)  that  does  not  include  those  sections,  and                                                               
provide an explanation.                                                                                                         
                                                                                                                                
2:09:44 PM                                                                                                                    
BETH  CHAPMAN,  Attorney,  Juneau,  Alaska,  said  she  practices                                                               
primarily  in the  area of  trusts and  estates and  she believes                                                               
that SB  65 is  in the  best interest of  Alaskans. It  will help                                                               
alleviate the  need to  go to court,  particularly to  respond to                                                               
changes in circumstances with families.                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  noted that tab 8  of the bill packet  has a                                                               
legal  opinion  that  says  the bill  could  violate  the  single                                                               
subject rule. He suggested the  committee arrange to hear from an                                                               
attorney  to discuss  that  opinion, because  the  bill may  have                                                               
constitutional problems.                                                                                                        
                                                                                                                                
MR. HUTCHINSON said he would provide  a copy of the legal opinion                                                               
that responds to that memorandum.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  said he would  like someone to go  over the                                                               
bill  with him  section  by section  before he  votes  on it.  He                                                               
agreed that  it would  be acceptable  if that  took place  in his                                                               
office.                                                                                                                         
                                                                                                                                
CHAIR  COGHILL  said  he  would make  sure  someone  visited  his                                                               
office, but  his intention  was to introduce  the bill  today and                                                               
delve into it on Wednesday.                                                                                                     
                                                                                                                                
2:12:35 PM                                                                                                                    
CHAIR COGHILL held SB 65 in committee.                                                                                          
                                                                                                                                
         HB  69-EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                     
                                                                                                                                
2:13:00 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of HB  69. He  noted                                                               
that version  I was before  the committee  and that the  areas of                                                               
tension  were  subsection  (a)(1)  and   (2)  in  Section  2  and                                                               
subsection (g) in Section 6.                                                                                                    
                                                                                                                                
He opened public testimony.                                                                                                     
                                                                                                                                
2:15:03 PM                                                                                                                    
SEYMOUR  MILLS, representing  himself,  Sterling, Alaska,  stated                                                               
absolute opposition to the watered down  version of HB 69. If the                                                               
Alaska State Troopers  won't enforce it that is a  good reason to                                                               
have  sheriffs. They  would be  elected by  the people  and would                                                               
take an  oath to uphold  the law.  He mentioned United  States v.                                                               
Lopez, a  case involving  the Gun-Free School  Zones Act  of 1990                                                               
and  the Commerce  Clause, and  questioned the  reference in  the                                                               
bill since the  U.S. Supreme Court said that  the Commerce Clause                                                               
did  not  apply. He  reiterated  his  opposition to  the  current                                                               
version  of  the bill,  and  asked  the  state to  stand  between                                                               
himself and the federal government.                                                                                             
                                                                                                                                
2:18:09 PM                                                                                                                    
LLOYD   HILLING,   representing   himself,   Fairbanks,   Alaska,                                                               
testified in  support of  HB 69.  His view  was that  the federal                                                               
government  can take  care of  things  in Washington,  D. C.  and                                                               
Alaska  was competent  to decide  how  to deal  with its  issues,                                                               
including firearms.  He said the  Second Amendment  prohibits all                                                               
entities from infringing  on the peoples' right  to own firearms;                                                               
the Tenth  Amendment makes it  clear that the  federal government                                                               
should  do   only  that   which  is   directly  implied   in  the                                                               
constitution, and  things such as  the regulation of  firearms is                                                               
not found in there. Stating steadfast  support for HB 69, he said                                                               
it will send a message that Alaska is doing what it should do.                                                                  
                                                                                                                                
2:19:39 PM                                                                                                                    
FRANK TURNEY, representing  himself, Fairbanks, Alaska, expressed                                                               
hope  that HB  69  would protect  Alaskan  citizens from  federal                                                               
overlords, and stated support for  directing the attorney general                                                               
with  the term  "shall" as  opposed to  "may." He  said it  was a                                                               
mistake  that the  Constitutional Convention  didn't require  the                                                               
attorney general to be an  elected position, because Alaska needs                                                               
a  strict   constitutionalist  to  protect  citizen   rights.  He                                                               
requested the bill  cover infringement of rights  other than just                                                               
the  Second   Amendment,  and  expressed  satisfaction   that  it                                                               
addressed the right to due process.                                                                                             
                                                                                                                                
He  said he  wasn't aware  that under  AS 11.76.110,  interfering                                                               
with  the   constitutional  rights  of  Alaskan   citizens  is  a                                                               
misdemeanor. It  should be a felony.  He said he sees  nothing in                                                               
the bill regarding enforcement or  penalties or accountability to                                                               
federal overlords.  He asked that the  term "state nullification"                                                               
be added and suggested that the bill needed more work.                                                                          
                                                                                                                                
CHAIR COGHILL said he understood the consternation.                                                                             
                                                                                                                                
2:23:11 PM                                                                                                                    
LYNETTE CLARK, representing herself,  Fairbanks, Alaska, said she                                                               
wanted  HB  69 to  pass,  but  the  current CS  lacked  important                                                               
references. She  appreciates that the  Real ID Act  is mentioned,                                                               
but  the provisions  from [Section  1, paragraphs  (3), (4),  and                                                               
(5)] of  SB 75 regarding  the National Defense  Authorization Act                                                               
(NDAA)  and  the Authorization  for  Use  of Military  Force  are                                                               
missing.  She said  these are  perilous times  for this  union of                                                               
states  and  if  Alaska  doesn't   respond  with  federal  felony                                                               
charges, the  monster that  is the  federal government  will come                                                               
down around its throat. She  urged the committee to include those                                                               
provisions in the bill.                                                                                                         
                                                                                                                                
CHAIR COGHILL said the point was well taken.                                                                                    
                                                                                                                                
2:26:50 PM                                                                                                                    
DAVID LEE,  representing himself, Nikiski, Alaska,  described the                                                               
changes to the penalties in HB  69 as abhorrent. He said the fact                                                               
that President Obama became chair  of the United Nations Security                                                               
Council, in  direct violation of  the constitution, and  then had                                                               
three  U.S. citizens  assassinated  was a  very  good reason  for                                                               
nullification. He  maintained that Alaska needs  sheriffs to back                                                               
the bill up, because the people are their boss.                                                                                 
                                                                                                                                
2:28:20 PM                                                                                                                    
MIKE COONS,  representing himself,  Lazy Mountain,  Alaska, urged                                                               
the committee to  reinsert the felony provision in HB  69, and if                                                               
it's  challenged  it could  go  to  the  U.S. Supreme  Court.  He                                                               
claimed it  would be  a strong  case if  12-14 other  states have                                                               
passed  similar  legislation.  If   the  felony  provision  isn't                                                               
reinserted, he  suggested inserting a reference  to AS 11.76.110,                                                               
interference with  constitutional rights.  That is  a misdemeanor                                                               
now,  but it  could be  increased to  a felony  next session,  he                                                               
said.                                                                                                                           
                                                                                                                                
2:30:52 PM                                                                                                                    
WAYNE OZOSKY, representing himself,  Eagle River, Alaska, thanked                                                               
the committee for protecting Alaska  citizens from the tyrannical                                                               
federal  government. He  said  the  President's executive  orders                                                               
pushing  Congress to  violate citizens'  Second Amendment  rights                                                               
are  in   conflict  with  the  constitution.   He  requested  the                                                               
committee include a  reference to AS 11.76.110 [as  it appears in                                                               
SB 75]  if the felony  language isn't reinserted. He  said nobody                                                               
wants anarchy,  but if federal  agencies routinely  disregard the                                                               
constitution  there  will be  a  second  "shot heard  'round  the                                                               
world."  The  statement  that judges  aren't  always  right  also                                                               
applies to people working in  the Department of Law. Just because                                                               
a   lawyer   says   the   felony  provisions   of   HB   69   are                                                               
unconstitutional,  doesn't make  it true.  He reiterated  support                                                               
for   the  felony   provisions   and  emphasized   that  it   was                                                               
constitutional for the state to protect its citizens.                                                                           
                                                                                                                                
CHAIR  COGHILL explained  his reasoning  for removing  the felony                                                               
language.  He agrees  that  Alaskans should  stand  up for  their                                                               
right  and the  freedom  guaranteed under  the constitution,  but                                                               
taking  a  hard  position  may   ultimately  weaken  the  state's                                                               
position.  The  intent  is  to   provide  the  best  defense  for                                                               
Alaskans.                                                                                                                       
                                                                                                                                
He said he'd like to get a  sense of the committee with regard to                                                               
the felony question.                                                                                                            
                                                                                                                                
2:35:59 PM                                                                                                                    
SENATOR DYSON encouraged  the chair and his staff  to qualify the                                                               
meaning of the phrase on page 2, line 4, "banning any firearm."                                                                 
                                                                                                                                
CHAIR  COGHILL  said  he  would  discuss  that  with  his  staff.                                                               
Additional  things  for  the  committee   to  consider  were  the                                                               
suggestion to  insert the  word "illegally"  at the  beginning of                                                               
paragraphs (A)  and (B) on  page 3, lines  7 and 9;  the language                                                               
from  the National  Defense  Authorization Act  that  was in  the                                                               
previous version R; and the language  in subsection (g) on page 5                                                               
of version I  as opposed to the wording in  version P that passed                                                               
the House.                                                                                                                      
                                                                                                                                
2:40:58 PM                                                                                                                    
SENATOR WIELECHOWSKI voiced support for  moving the bill when the                                                               
chair was ready.                                                                                                                
                                                                                                                                
CHAIR  COGHILL said  he would  review Senator  Dyson's suggestion                                                               
and take action on the bill on Wednesday.                                                                                       
                                                                                                                                
SENATOR DYSON asked for a short at ease.                                                                                        
                                                                                                                                
2:42:04 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
2:43:43 PM                                                                                                                    
CHAIR COGHILL  reconvened the  meeting and  relayed that  the off                                                               
the  record discussion  was about  the attorney  general and  his                                                               
powers.  He  noted that  there  would  likely be  two  amendments                                                               
offered at the next hearing.                                                                                                    
                                                                                                                                
He closed public testimony and held HB 69 in committee.                                                                         
                                                                                                                                
             HB  83-FEDERAL LAWS & EXECUTIVE ORDERS                                                                         
                                                                                                                                
2:45:10 PM                                                                                                                    
CHAIR  COGHILL  announced  the  consideration  of  HB  83.  [CSHB                                                               
83(JUD) 28-LS0328\O was before the committee.]                                                                                  
                                                                                                                                
2:45:30 PM                                                                                                                    
JIM POUND, Staff to Representative  Wes Keller, sponsor of HB 83,                                                               
noted that this was the second  hearing for HB 83. It pertains to                                                               
federal statutes,  regulations, presidential executive  orders or                                                               
secretarial orders that are passed  by the federal government and                                                               
federal  agencies  and are  currently  reviewed  by the  attorney                                                               
general's office. The  bill asks the attorney  general to provide                                                               
the judiciary  committees in each  body a  copy of the  review so                                                               
they  may  decide whether  to  introduce  legislation that  would                                                               
nullify the  measure or make  it not  applicable in the  state of                                                               
Alaska. He noted that Assistant  Attorney General David Jones was                                                               
available  to  answer  the questions  that  Senator  Wielechowski                                                               
raised when the bill was introduced.                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  inquired   about  the  attorney  general's                                                               
position  on  the bill,  if  there  would  be any  problems  with                                                               
implementation,  the  extent  to   which  DOL  currently  reviews                                                               
federal statutes,  regulations, executive orders and  actions and                                                               
secretarial  orders, and  if the  bill  would cause  DOL to  need                                                               
additional resources.                                                                                                           
                                                                                                                                
2:47:59 PM                                                                                                                    
DAVID   JONES,  Assistant   Attorney  General,   Civil  Division,                                                               
Opinions, Appeals,  and Ethics Section, Department  of Law (DOL),                                                               
Anchorage, Alaska, stated that DOL  does not see problems with HB                                                               
83. He  explained that a  similar version was introduced  in 2011                                                               
and  discussions with  the sponsor  led  to the  language in  the                                                               
current  bill. It  says "the  attorney general  will continue  to                                                               
review"  and DOL's  understanding  is that  would  not impose  an                                                               
obligation  on  the  attorney general  to  review  all  statutes,                                                               
regulations,  executive  orders   and  actions,  and  secretarial                                                               
orders  to determine  whether  any  were potentially  preemptive.                                                               
Rather, the  attorney general's office would  continue its normal                                                               
course. With  that understanding, DOL  does not believe  the bill                                                               
will impose excessive work on the department.                                                                                   
                                                                                                                                
CHAIR COGHILL asked if the  conflict addressed in Section 2 would                                                               
be primarily a constitutional conflict.                                                                                         
                                                                                                                                
MR.  JONES said  it  could be  characterized  otherwise, but  the                                                               
Supremacy  Clause of  the U.S.  Constitution assures  that almost                                                               
every conflict between a federal  and state provision will have a                                                               
constitutional element.                                                                                                         
                                                                                                                                
CHAIR  COGHILL  commented  that it's  been  his  experience  that                                                               
accepting  money  from  the federal  government  comes  with  the                                                               
relinquishment of some right or power.                                                                                          
                                                                                                                                
SENATOR  DYSON  questioned  how   the  Department  of  Law  would                                                               
continue current practices if the  bill were to pass, because his                                                               
understanding  was  that  it  would   impose  a  mission  on  the                                                               
department  to  look  for conflicts  between  state  and  federal                                                               
statutes, regulations, and other directives.                                                                                    
                                                                                                                                
MR. JONES acknowledged  that if the department  were to undertake                                                               
a  complete  review of  all  federal  statutes, regulations,  and                                                               
orders to  determine whether any were  potentially preemptive, it                                                               
would require a significant number of additional staff.                                                                         
                                                                                                                                
SENATOR DYSON offered  his belief that the  legislature wants the                                                               
Department of  Law to be  alert to the particular  conflicts that                                                               
affect liberties and actions in the state.                                                                                      
                                                                                                                                
MR.  JONES   replied  that  the  message   is  clearly  received,                                                               
understood, and will be accepted.                                                                                               
                                                                                                                                
2:53:37 PM                                                                                                                    
SENATOR  DYSON said  he and  most of  his colleagues  want to  be                                                               
alert  to protecting  liberties  and they  will  consider this  a                                                               
significant part of Department of Law's mission.                                                                                
                                                                                                                                
MR. JONES acknowledged the directive.                                                                                           
                                                                                                                                
2:54:16 PM                                                                                                                    
MIKE COONS, representing himself,  Lazy Mountain, Alaska, said he                                                               
hopes that  HB 83  is passed  from committee  today. The  bill is                                                               
legally solid,  and it protects  people from an "out  of control"                                                               
President.  He  encouraged  the  committee  to  read  Bob  Byrd's                                                               
testimony and  the documents  pertaining to  HB 69,  because they                                                               
dovetail into  this bill. The need  for this bill has  grown over                                                               
the last four  years, but it's been needed for  decades since the                                                               
federal government has been disregarding  the Tenth Amendment and                                                               
burdening states with  unfunded mandates. Now it  is incumbent on                                                               
states to stand up for citizens'  rights and for what is best for                                                               
the  state. He  maintained  that the  current administration  was                                                               
using executive orders to enact  law, although Article Two of the                                                               
U.S.  Constitution  does not  provide  that  authority. He  cited                                                               
examples. Passing  HB 83  will help states  take back  the nation                                                               
and  perhaps  put   backbone  in  Congress  to   stand  with  the                                                               
Constitution.                                                                                                                   
                                                                                                                                
2:58:14 PM                                                                                                                    
CHAIR COGHILL opened committee discussion.                                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI   noted  he  had  an   amendment  that  was                                                               
discussed previously.                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI moved Amendment 1, labeled 28-LS0328\O.1.                                                                  
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE              BY SENATOR WIELECHOWSKI                                                                 
          TO:  CSHB 83(JUD)                                                                                                     
                                                                                                                                
     Page 2, following line 13:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 3. AS 44.23.020(b) is amended to read:                                                                      
               (b)  The attorney general shall                                                                                  
                    (1)  defend the Constitution of the                                                                         
          State of Alaska and the Constitution of the                                                                           
          United States of America;                                                                                             
                    (2)  bring, prosecute, and defend all                                                                       
          necessary and proper actions in the name of the state                                                                 
          for the collection of revenue;                                                                                        
                    (3)  represent the state in all civil                                                                       
          actions in which the state is a party;                                                                                
                         (4)  prosecute all cases involving                                                                     
          violation  of  state  law, and  file  informations  and                                                               
          prosecute  all offenses  against the  revenue laws  and                                                               
          other state laws where there  is no other provision for                                                               
          their prosecution;                                                                                                    
                         (5)  administer state legal services,                                                                  
          including the  furnishing of written legal  opinions to                                                               
          the governor,  the legislature, and all  state officers                                                               
          and  departments  as  the governor  directs;  and  give                                                               
          legal  advice  on  a law,  proposed  law,  or  proposed                                                               
          legislative measure upon request  by the legislature or                                                               
          a member of the legislature;                                                                                          
                    (6)  draft legal instruments for the state;                                                                 
                    (7)  make available a report to the                                                                         
          legislature,  through  the  governor, at  each  regular                                                               
          legislative session                                                                                                   
                         (A)  of the work and expenditures of                                                                   
          the office; [AND]                                                                                                     
                         (B)      on    needed   legislation   or                                                               
          amendments to existing law; and                                                                                   
                         (C)  summarizing litigation between the                                                            
          state  and  a  department  or  agency  of  the  federal                                                           
          government, including,  for each case, a  discussion of                                                           
          the legal  issues presented to  the court, the  cost of                                                           
          the case,  and the  final disposition  of the  case, if                                                           
          available;                                                                                                        
                         (8)  prepare, publish, and revise as it                                                                
          becomes  useful or  necessary to  do so  an information                                                               
          pamphlet on  landlord and tenant  rights and  the means                                                               
          of  making complaints  to  appropriate public  agencies                                                               
          concerning landlord and tenant  rights; the contents of                                                               
          the pamphlet and any revision  shall be approved by the                                                               
          Department of Law before publication; and                                                                             
                    (9)  perform all other duties required by                                                                   
          law or which usually pertain  to the office of attorney                                                               
          general in a state."                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
2:59:04 PM                                                                                                                    
CHAIR COGHILL objected for an explanation.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  explained that the bill  currently requires                                                               
the attorney  general to provide  summaries of what  is happening                                                               
with federal statutes  and regulations, but it  appears to create                                                               
a gap  because the attorney  general is not required  to actually                                                               
provide  a   summary  of  the  litigation   against  the  federal                                                               
government. The amendment fills that gap.                                                                                       
                                                                                                                                
MR.  POUND   said  the  sponsor  considers   this  an  unfriendly                                                               
amendment.  It would  probably add  a  fiscal note  to the  bill,                                                               
which is unnecessary. Furthermore, he  wasn't given a copy of the                                                               
amendment until now.                                                                                                            
                                                                                                                                
CHAIR COGHILL  pointed out that Senator  Wielechowski brought the                                                               
issue up  during the  last hearing. He  said his  perspective was                                                               
that a summary of litigation seemed reasonable.                                                                                 
                                                                                                                                
SENATOR DYSON described the amendment as a substantial change.                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI said  the  bill appears  to  be asking  the                                                               
attorney general to  review tens of thousands if  not hundreds of                                                               
thousands of documents  and prepare memos of  every document that                                                               
is potentially in conflict with  a statute or regulation, and the                                                               
Department of  Law submitted  a zero fiscal  note for  that work.                                                               
The amendment  simply asks for  a summary of the  litigation that                                                               
the  state is  involved  in.  The bill  creates  a  gap that  the                                                               
amendment fills, and there shouldn't be a fiscal note.                                                                          
                                                                                                                                
3:02:39 PM                                                                                                                    
CHAIR COGHILL asked Mr. Jones if he had reviewed the amendment.                                                                 
                                                                                                                                
MR. JONES said no.                                                                                                              
                                                                                                                                
CHAIR COGHILL said  it's only fair to provide  an opportunity for                                                               
everyone  to look  at the  amendment  and quantify  the cost.  He                                                               
reiterated that  he was  more sympathetic  to the  amendment than                                                               
not.                                                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  said there  was  no  attempt to  keep  the                                                               
amendment  from  the sponsor  or  anyone  else; his  office  just                                                               
received it.                                                                                                                    
                                                                                                                                
CHAIR COGHILL said if the bill  goes to the finance committee, he                                                               
wants it to be on purpose with some recommendation.                                                                             
                                                                                                                                
SENATOR DYSON observed that the  issue isn't money; it's what the                                                               
legislature wants the attorney general  to do. He opined that the                                                               
amendment changes the bill profoundly.                                                                                          
                                                                                                                                
3:05:23 PM                                                                                                                    
SENATOR WIELECHOWSKI  clarified that  the amendment  doesn't take                                                               
anything away, it  adds a section that says  the attorney general                                                               
provides an additional summary of the litigation.                                                                               
                                                                                                                                
CHAIR COGHILL  said he  was open to  the discussion  because both                                                               
look at conflicts between the state and federal government.                                                                     
                                                                                                                                
MR.  POUND  remarked that  it's  a  difference between  past  and                                                               
future. Litigation is  what is taking place now and  in the past,                                                               
whereas  regulations, secretarial  orders,  and executive  orders                                                               
are happening now and in the future.                                                                                            
                                                                                                                                
CHAIR COGHILL announced that he would  hold HB 83 and take action                                                               
on Amendment 1 on Wednesday.                                                                                                    
                                                                                                                                
3:07:33 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Coghill  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 3:07 p.m.                                                                                                            

Document Name Date/Time Subjects
Senate CS for HB 69 Version I.pdf SJUD 4/1/2013 1:30:00 PM
HB 69
Written testimony_HB69_Vasquez.docx SJUD 4/1/2013 1:30:00 PM
HB 69