Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/17/2016 01:30 PM JUDICIARY

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Audio Topic
01:33:29 PM Start
01:33:45 PM Confirmation Hearing
01:43:27 PM SB121
01:46:39 PM HB83
02:01:41 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+ Select Committee on Legislative Ethics TELECONFERENCED
Bill Gordon
+= HB 83 REPEAL COLLECTION OF CIVIL LITIG. INFO TELECONFERENCED
Heard & Held
+ SB 174 REG. OF FIREARMS/KNIVES BY UNIV. OF AK TELECONFERENCED
Scheduled but Not Heard
<Pending Referral>
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 121 SECURITY FREEZE ON MINOR'S CREDIT REPORT TELECONFERENCED
Moved CSSB 121(JUD) Out of Committee
-- Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
               SENATE JUDICIARY STANDING COMMITTEE                                                                            
                        February 17, 2016                                                                                       
                            1:33 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator John Coghill, Vice Chair                                                                                                
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mia Costello                                                                                                            
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING                                                                                                            
     Select Committee on Legislative Ethics                                                                                   
          BILL GORDON - Fairbanks                                                                                               
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
SENATE BILL NO. 121                                                                                                             
"An Act relating to a security freeze on the consumer credit                                                                    
report of a minor."                                                                                                             
                                                                                                                                
     - MOVED CSSB 121(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 83(JUD)                                                                                 
"An   Act  relating   to   collecting  information   about   civil                                                              
litigation  by   the  Alaska  Judicial  Council;   repealing  Rule                                                              
41(a)(3), Alaska  Rules of Civil  Procedure, and Rules  511(c) and                                                              
(e), Alaska  Rules of  Appellate Procedure;  and providing  for an                                                              
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 174                                                                                                             
"An Act relating to the regulation of firearms and knives by the                                                                
University of Alaska."                                                                                                          
                                                                                                                                
     -SCHEDULED BUT NOT HEARD                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 121                                                                                                                  
SHORT TITLE: SECURITY FREEZE ON MINOR'S CREDIT REPORT                                                                           
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
01/19/16       (S)       PREFILE RELEASED 1/8/16                                                                                
01/19/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (S)       L&C, JUD                                                                                               
01/26/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/26/16       (S)       Heard & Held                                                                                           
01/26/16       (S)       MINUTE(L&C)                                                                                            
01/28/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/28/16       (S)       Moved  SB 121 Out of Committee                                                                         
01/28/16       (S)       MINUTE(L&C)                                                                                            
01/29/16       (S)       L&C RPT 4DP                                                                                            
01/29/16       (S)       DP: COSTELLO, GIESSEL, MEYER, ELLIS                                                                    
02/08/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/08/16       (S)       Heard & Held                                                                                           
02/08/16       (S)       MINUTE(JUD)                                                                                            
02/17/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  83                                                                                                                  
SHORT TITLE: REPEAL COLLECTION OF CIVIL LITIG. INFO                                                                             
SPONSOR(s): REPRESENTATIVE(s) LEDOUX                                                                                            
                                                                                                                                
01/28/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/28/15       (H)       JUD                                                                                                    
02/06/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/06/15       (H)       <Bill Hearing Canceled>                                                                                
02/13/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/13/15       (H)       <Bill Hearing Canceled>                                                                                
02/20/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/20/15       (H)       Heard & Held                                                                                           
02/20/15       (H)       MINUTE(JUD)                                                                                            
03/02/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/02/15       (H)       <Bill Hearing Canceled>                                                                                
03/04/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/04/15       (H)       Moved  CSHB 83(JUD) Out of Committee                                                                   
03/04/15       (H)       MINUTE(JUD)                                                                                            
03/06/15       (H)       JUD RPT CS(JUD) 4DP 1DNP                                                                               
03/06/15       (H)       DP: CLAMAN, GRUENBERG, FOSTER, LEDOUX                                                                  
03/06/15       (H)       DNP: KELLER                                                                                            
04/07/15       (H)       TRANSMITTED TO (S)                                                                                     
04/07/15       (H)       VERSION: CSHB 83(JUD)                                                                                  
04/08/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/15       (S)       JUD, FIN                                                                                               
04/15/15       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/15/15       (S)       Scheduled but Not Heard                                                                                
02/17/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BILL GORDON, Nominee                                                                                                            
Select Committee on Legislative Ethics, public seat                                                                             
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified as a nominee to the Select                                                                     
Committee on Legislative Ethics, public seat.                                                                                   
                                                                                                                                
SENATOR MEYER                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of SB 121.                                                                                       
                                                                                                                                
EDRA MORLEDGE, Staff                                                                                                            
Senator Kevin Meyer                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Described the changes in the CS for SB 121.                                                              
                                                                                                                                
GABRIELLE LEDOUX                                                                                                                
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 83.                                                                                        
                                                                                                                                
SUZANNE DIPIETRO, Executive Director                                                                                            
Alaska Judicial Council                                                                                                         
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 83.                                                                           
                                                                                                                                
MICHELLE V. MINOR, Attorney                                                                                                     
Law Office of Michelle V. Minor                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 83.                                                                           
                                                                                                                                
KEN P JACOBUS, Attorney                                                                                                         
Law Office of Kenneth P Jacobus                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 83.                                                                           
                                                                                                                                
SARAH BADTEN, Attorney                                                                                                          
Groh Eggers LLC                                                                                                                 
Anchorage Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 83.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
1:33:29 PM                                                                                                                    
VICE  CHAIR JOHN  COGHILL  called  the Senate  Judiciary  Standing                                                            
Committee meeting  to order  at 1:33 p.m.  Present at the  call to                                                              
order were  Senators Wielechowski,  and Vice Chair  Coghill. Chair                                                              
McGuire arrived shortly thereafter.                                                                                             
                                                                                                                                
^confirmation hearing                                                                                                           
                      CONFIRMATION HEARING                                                                                    
             Select Committee on Legislative Ethics                                                                         
                                                                                                                              
1:33:45 PM                                                                                                                    
VICE CHAIR  COGHILL announced  the first  order of business  would                                                              
be to hear  from Bill Gordon who  is the Chief Justice  nominee to                                                              
the Select  Committee on Legislative  Ethics. He noted  that Chair                                                              
McGuire  reported  that  there  had  been  no  push-back  on  this                                                              
nomination. He  related that  he knows Mr.  Gordon well  enough to                                                              
feel confident that he will do a good job on this committee.                                                                    
                                                                                                                                
1:34:06 PM                                                                                                                    
BILL  GORDON, Nominee,  Select  Committee  on Legislative  Ethics,                                                              
public  seat,  Fairbanks,   Alaska  said  he's  been   before  the                                                              
committee  two  times before  for  confirmation  to the  Board  of                                                              
Governors of  the Alaska Bar and  the Alaska Judicial  Council. He                                                              
related that  he is a  lifelong Alaskan,  has lived mostly  in the                                                              
Interior and  has served  in both the  public and private  sectors                                                              
in  his career.  Chief  Justice Stowers  called  and  asked if  he                                                              
would  serve on  this committee  and he  had to  admit he'd  never                                                              
heard of it.  They read the statutes  together and got  a sense of                                                              
the important  work that the  committee does. Interestingly,  he'd                                                              
been  serving  in  this  same  capacity  while  on  the  Board  of                                                              
Governors and  this seemed like  a logical progression.  He hasn't                                                              
had much  interaction with  the legislative  bodies, but  believes                                                              
he could be of  service in avoiding problems, and  when they exist                                                              
his experience might be put to good use.                                                                                        
                                                                                                                                
1:37:45 PM                                                                                                                    
Audio difficulties; Mr. Gordon couldn't hear the committee.                                                                     
                                                                                                                                
1:38:25 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:38:38 PM                                                                                                                    
SENATOR  COGHILL  reconvened  the  meeting and  commented  on  the                                                              
value of having someone who does not work within the system.                                                                    
                                                                                                                                
MR. GORDON related  that he served on both the  Board of Governors                                                              
of  the Alaska  Bar and  the  Alaska Judicial  Council  as a  non-                                                              
attorney and  the experience was  rewarding. He added that  he has                                                              
strong admiration  for those willing to put themselves  before the                                                              
public in any  capacity. It's given him some appreciation  for the                                                              
mine field that legislators navigate.                                                                                           
                                                                                                                                
1:41:08 PM                                                                                                                    
VICE CHAIR COGHILL passed the gavel to Chair McGuire.                                                                           
                                                                                                                                
CHAIR MCGUIRE  thanked Mr. Gordon  for being willing to  serve and                                                              
wished him luck in the process.                                                                                                 
                                                                                                                                
1:43:07 PM                                                                                                                    
CHAIR MCGUIRE  stated that  the committee would  sign the  form to                                                              
forward  the name  Bill Gordon  for a  public seat  on the  Select                                                              
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
         SB 121-SECURITY FREEZE ON MINOR'S CREDIT REPORT                                                                    
                                                                                                                                
1:43:27 PM                                                                                                                    
                                                                                                                                
CHAIR  MCGUIRE   announced  the  consideration  of   SB  121.  She                                                              
requested  a motion  to adopt  the  proposed committee  substitute                                                              
(CS).                                                                                                                           
                                                                                                                                
1:43:32 PM                                                                                                                    
SENATOR COGHILL motioned to adopt the CS for SB 121, labeled 29-                                                                
LS1129\H, as the working document.                                                                                              
                                                                                                                                
CHAIR MCGUIRE  found  no objection  and version  H was before  the                                                              
committee. She asked  the sponsor to confirm that  he is satisfied                                                              
the CS makes the changes discussed in an earlier hearing.                                                                       
                                                                                                                                
1:44:06 PM                                                                                                                    
SENATOR  MEYER,  Alaska  State Legislature,  sponsor  of  SB  121,                                                              
stated  that  the   CS  makes  the  changes  that   the  committee                                                              
requested. He asked his staff to walk through those changes.                                                                    
                                                                                                                                
1:44:30 PM                                                                                                                    
EDRA MORLEDGE, Staff,  Senator Kevin Meyer said the  CS for SB 121                                                              
adds  "incapacitated   person"  and  "protected  person"   to  the                                                              
individuals a  parent, legal guardian,  or conservator can  make a                                                              
request  on behalf  of.  This makes  it  abundantly  clear that  a                                                              
conservator can act in this capacity.                                                                                           
                                                                                                                                
1:45:18 PM                                                                                                                    
SENATOR  WIELECHOWSKI  motioned  to  report  the CS  for  SB  121,                                                              
labeled    29-LS1129\H,    from    committee    with    individual                                                              
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
CHAIR MCGUIRE announced  that without objection,  CSSB 121(JUD) is                                                              
reported from the Senate Judiciary Standing Committee.                                                                          
                                                                                                                                
          HB  83-REPEAL COLLECTION OF CIVIL LITIG. INFO                                                                     
                                                                                                                                
1:46:39 PM                                                                                                                    
CHAIR MCGUIRE announced  the consideration of HB 83. [CSHB 83(JUD)                                                              
was before the committee.]                                                                                                      
                                                                                                                                
1:46:50 PM                                                                                                                    
CHAIR  MCGUIRE passed  the gavel  to  Vice Chair  Coghill for  the                                                              
hearing on HB 83.                                                                                                               
                                                                                                                                
1:46:52 PM                                                                                                                    
GABRIELLE  LEDOUX,  Alaska State  Legislature,  sponsor  of HB  83                                                              
introduced  the  legislation  speaking to  the  following  sponsor                                                              
statement:                                                                                                                      
                                                                                                                                
     HB   83   eliminates   the    automatic   reporting   of                                                                   
     information  about  civil  case   settlements  currently                                                                   
     required  by law. This  bill follows  the advice of  the                                                                   
     Judicial  Council,   which  has  recommended   that  the                                                                   
     legislature do  away with this requirement.  HB 83 would                                                                   
     provide  a  more targeted,  less  burdensome,  and  more                                                                   
     cost-effective  method  of compiling  information  about                                                                   
     the  resolutions  of  civil  court.  Passing  this  bill                                                                   
     would  save money  and  time  by freeing  attorneys  and                                                                   
     litigants from  an unnecessary and functionally  useless                                                                   
     submission  of data which the  Judicial Council  sees no                                                                   
     point in collecting.                                                                                                       
                                                                                                                                
     It is  part of the job  of the legislature  to eliminate                                                                   
     waste   and   to   make   government   more   effective.                                                                   
     Discarding needless  data collection requirements  is an                                                                   
     easy   way  to  achieve   cost-savings  and   streamline                                                                   
     government. HB 83 does exactly this.                                                                                       
                                                                                                                                
     I urge your support for the swift passage of HB 83.                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX  said two of  the fiscal notes are  zero and                                                              
a third reflects a $20,000 savings.                                                                                             
                                                                                                                                
1:48:43 PM                                                                                                                    
VICE CHAIR COGHILL opened public testimony.                                                                                     
                                                                                                                                
1:49:29 PM                                                                                                                    
SUZANNE  DIPIETRO, Executive  Director,  Alaska Judicial  Council,                                                              
Alaska Court System,  Anchorage, Alaska, reinforced  the sponsor's                                                              
explanation. The Judicial  Council has no problem  with the repeal                                                              
of the requirement. She offered to answer questions.                                                                            
                                                                                                                                
VICE CHAIR COGHILL questioned the reason for the noncompliance.                                                                 
                                                                                                                                
MS.  DIPIETRO  explained that  the  legislation  has been  on  the                                                              
books for  a number  of years,  but many  attorneys do  not comply                                                              
with   the  reporting   requirement   and  the   statute  has   no                                                              
enforcement  mechanism.   The  Judicial  Council  has   had  mixed                                                              
success in  increasing compliance  and has  concluded that  so few                                                              
people return  the questionnaires that  it would be  misleading to                                                              
summarize the information and publish it.                                                                                       
                                                                                                                                
MICHELLE  MINOR,  Attorney,  Law  Office  of  Michelle  V.  Minor,                                                              
Anchorage, Alaska,  testified in  support of HB  83. She  has been                                                              
in  civil practice  in Alaska  for  40 years  and has  represented                                                              
many people  on civil  matters that  required this reporting.  Her                                                              
experience is  that it takes from half  an hour to a  few hours to                                                              
complete  the form. The  rule applies  in cases  where one  of the                                                              
litigants is  pro se and she's  had the court system  request that                                                              
she,  as the  prosecuting attorney,  complete the  report for  the                                                              
pro se litigant in compliance with Civil Rule 41.                                                                               
                                                                                                                                
MS. MINOR said  the purpose of the  rule was served years  ago and                                                              
it's now time to repeal the rule and statute.                                                                                   
                                                                                                                                
VICE CHAIR  COGHILL  commented that  it seems  that the value  has                                                              
found its day.                                                                                                                  
                                                                                                                                
1:54:36 PM                                                                                                                    
KEN  P  JACOBUS,  Attorney,  Law  Office  of  Kenneth  P  Jacobus,                                                              
testified  that he  has  been fighting  to  have this  requirement                                                              
removed  from the  statutes for  some  time. He  related that  the                                                              
Alaska  Judicial  Council issued  a  report  in 2001  that  showed                                                              
nothing  unusual,  but  has  issued  no  reports  since  then.  He                                                              
diligently  files  these reports  as  required  by law,  but  many                                                              
attorneys and  pre so litigants do  not. He pointed out  that this                                                              
makes  criminals  out  of  those  who does  not  comply  with  the                                                              
statute.                                                                                                                        
                                                                                                                                
VICE CHAIR COGHILL  commented that this could be  called the paper                                                              
and scofflaw reduction act.                                                                                                     
                                                                                                                                
1:57:27 PM                                                                                                                    
SARAH BADTEN, Attorney,  Groh Eggers LLC, testified  in support of                                                              
HB  83. She  agreed  with the  previous  testimony  and added  her                                                              
understanding that  the rule was adopted to compare  attorney fees                                                              
on tort  cases. Her  practice is  primarily contract  law and  she                                                              
files a lot  of suits that are  dismissed once the people  come in                                                              
and pay what they  owe. She is required to fill  out the form even                                                              
though  the   information   is  not  reflective   of  any   useful                                                              
information for  the Alaska Judicial  Council or  the legislature.                                                              
It's time for the rule and statute to be repealed.                                                                              
                                                                                                                                
VICE CHAIR COGHILL  said the committee will take  her testimony to                                                              
heart  and pass  the  bill when  the  committee  meets its  quorum                                                              
requirement.  He   asked  Senator  Wielechowski  if   he  had  any                                                              
questions.                                                                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI answered  no;  he's convinced  the rule  and                                                              
statute is no longer needed.                                                                                                    
                                                                                                                                
VICE CHAIR  COGHILL stated  that HB 83 will  be held  in committee                                                              
with public testimony open.                                                                                                     
                                                                                                                                
2:01:41 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Vice  Chair  Coghill  adjourned   the  Senate  Judiciary  Standing                                                              
Committee meeting at 2:01 p.m.                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
Bill Gordon Resume.docx SJUD 2/17/2016 1:30:00 PM
HB 83 Sponsor Statement .pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83 Summary of Changes.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83 Support AS 09.68.130.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83 Support AS 09.68.130.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83 Support Civil Case Data.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83 Support Civil Case Report 2001.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83 Support Cvil Case Form.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83 fiscal Note Admin FY16.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
HB 83 Fiscal Note JUD FY16.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
Hb 83 Fiscal Note LAW FY16.pdf SJUD 2/17/2016 1:30:00 PM
HB 83
FW HB 83 re settlement reporting to the Ak Jud'l. Councilsupport but amend.msg SJUD 2/17/2016 1:30:00 PM
HB 83