05/03/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB33 | |
| HB184 | |
| HB210 | |
| HB149 | |
| HB81 | |
| HB183 | |
| HB201 | |
| SB74 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 74 | TELECONFERENCED | |
| += | SB 165 | TELECONFERENCED | |
| += | HB 33 | TELECONFERENCED | |
| += | HB 81 | TELECONFERENCED | |
| += | HB 149 | TELECONFERENCED | |
| += | HB 183 | TELECONFERENCED | |
| += | HB 184 | TELECONFERENCED | |
| += | HB 201 | TELECONFERENCED | |
| += | HB 210 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 3, 2005
8:42 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 33(FIN)
"An Act relating to required notification of the Department of
Commerce, Community, and Economic Development, economic effect
statements, and regulatory flexibility analyses regarding the
adoption of regulations that may govern the conduct of small
businesses; relating to a private cause of action, regulation
invalidation, and judicial review related to required
notification, economic effect statements, and regulatory
flexibility analyses for the adoption of regulations that may
govern the conduct of small businesses; and providing for an
effective date."
MOVED CSHB 33(FIN) OUT OF COMMITTEE
HOUSE BILL NO. 184 am
"An Act relating to firearms."
MOVED SCS HB 184(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 210(JUD)
"An Act relating to blood testing of certain persons alleged to
have committed certain offenses directed toward peace officers
or emergency workers."
MOVED SCS CSHB 210(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 149(FIN) am
"An Act relating to controlled substances; relating to the
crimes of manslaughter, endangering the welfare of a child, and
misconduct involving a controlled substance; relating to the
manufacture of methamphetamine and to the sale, possession, and
delivery of certain substances and precursors used in the
manufacture of methamphetamine; relating to listing certain
anabolic steroids as controlled substances; and providing for an
effective date."
MOVED SCS CSHB 149(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 81(L&C)
"An Act establishing an administrative fine and procedure for
construction contractors in certain circumstances; increasing
the amount of a civil penalty for persons acting in the capacity
of contractors or home inspectors; modifying the elements of a
crime involving contractor registration and residential
contractors; modifying the exemptions from regulation under AS
08.18 for contractors; and exempting the administrative hearings
for imposing an administrative fine on construction contractors
from the hearings conducted by the office of administrative
hearings in the Department of Administration."
MOVED SCS CSHB 81(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 183(JUD) am
"An Act relating to the use of campaign contributions for shared
campaign activity expenses and to reimbursement of those
expenses; and amending the definition of 'contribution' in
regard to sharing fundraising lists between candidates and
political parties without compensation."
MOVED SCS CSHB 183(STA) OUT OF COMMITTEE
HOUSE BILL NO. 201
"An Act relating to an application for a permanent fund dividend
for a member of the armed forces of the United States serving on
active duty outside of the state; and providing for an effective
date."
MOVED HB 201 OUT OF COMMITTEE
SENATE BILL NO. 74
"An Act making findings relating to marijuana use and
possession; relating to marijuana and misconduct involving a
controlled substance; and providing an effective date."
HEARD AND HELD
SENATE BILL NO. 165
"An Act relating to card rooms and card operations."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 33
SHORT TITLE: REGULATIONS AFFECTING SMALL BUSINESSES
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) L&C, JUD
02/16/05 (H) L&C AT 3:15 PM CAPITOL 17
02/16/05 (H) Heard & Held
02/16/05 (H) MINUTE(L&C)
03/04/05 (H) L&C AT 3:15 PM CAPITOL 17
03/04/05 (H) Heard & Held
03/04/05 (H) MINUTE(L&C)
03/16/05 (H) L&C AT 3:15 PM CAPITOL 17
03/16/05 (H) Moved CSHB 33(L&C) Out of Committee
03/16/05 (H) MINUTE(L&C)
03/17/05 (H) L&C RPT CS(L&C) NT 2DP 5NR
03/17/05 (H) DP: ROKEBERG, ANDERSON;
03/17/05 (H) NR: CRAWFORD, LYNN, KOTT, LEDOUX,
GUTTENBERG
03/18/05 (H) FIN REFERRAL ADDED AFTER JUD
04/04/05 (H) JUD AT 1:00 PM CAPITOL 120
04/04/05 (H) -- Meeting Canceled --
04/06/05 (H) JUD AT 1:00 PM CAPITOL 120
04/06/05 (H) Heard & Held
04/06/05 (H) MINUTE(JUD)
04/07/05 (H) JUD AT 3:00 PM CAPITOL 120
04/07/05 (H) Moved CSHB 33(JUD) Out of Committee
04/07/05 (H) MINUTE(JUD)
04/08/05 (H) JUD AT 8:00 AM CAPITOL 120
04/08/05 (H) Moved CSHB 33(JUD) Out of Committee 4/7
04/08/05 (H) MINUTE(JUD)
04/11/05 (H) JUD RPT CS(JUD) NT 3DP 3NR
04/11/05 (H) DP: GARA, ANDERSON, MCGUIRE;
04/11/05 (H) NR: GRUENBERG, KOTT, COGHILL
04/14/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/14/05 (H) <Bill Hearing Postponed>
04/15/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/15/05 (H) Moved CSHB 33(FIN) Out of Committee
04/15/05 (H) MINUTE(FIN)
04/18/05 (H) FIN RPT CS(FIN) NT 4DP 4NR
04/18/05 (H) DP: HAWKER, MOSES, FOSTER, MEYER;
04/18/05 (H) NR: HOLM, WEYHRAUCH, KELLY, CHENAULT
04/22/05 (H) TRANSMITTED TO (S)
04/22/05 (H) VERSION: CSHB 33(FIN)
04/25/05 (S) READ THE FIRST TIME - REFERRALS
04/25/05 (S) JUD, FIN
04/30/05 (S) JUD AT 9:00 AM BUTROVICH 205
04/30/05 (S) Scheduled But Not Heard
05/01/05 (S) JUD AT 4:00 PM BUTROVICH 205
05/01/05 (S) Scheduled But Not Heard
05/02/05 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/05 (S) Scheduled But Not Heard
05/03/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 184
SHORT TITLE: FIREARMS
SPONSOR(s): REPRESENTATIVE(s) CHENAULT
02/28/05 (H) READ THE FIRST TIME - REFERRALS
02/28/05 (H) CRA, JUD
03/22/05 (H) CRA RPT 3DP 1DNP 3AM
03/22/05 (H) DP: SALMON, NEUMAN, OLSON;
03/22/05 (H) DNP: CISSNA;
03/22/05 (H) AM: LEDOUX, KOTT, THOMAS
03/22/05 (H) CRA AT 8:00 AM CAPITOL 124
03/22/05 (H) Moved Out of Committee
03/22/05 (H) MINUTE(CRA)
04/01/05 (H) JUD AT 1:00 PM CAPITOL 120
04/01/05 (H) Moved CSHB 184(JUD) Out of Committee
04/01/05 (H) MINUTE(JUD)
04/05/05 (H) JUD RPT CS(JUD) 6DP 1NR
04/05/05 (H) DP: KOTT, GRUENBERG, ANDERSON,
DAHLSTROM, COGHILL, MCGUIRE;
04/05/05 (H) NR: GARA
04/11/05 (H) BEFORE THE HOUSE
04/13/05 (H) TRANSMITTED TO (S)
04/13/05 (H) VERSION: HB 184 AM
04/14/05 (S) READ THE FIRST TIME - REFERRALS
04/14/05 (S) CRA, JUD
04/22/05 (S) CRA AT 1:30 PM BELTZ 211
04/22/05 (S) Moved HB 184 am Out of Committee
04/22/05 (S) MINUTE(CRA)
04/25/05 (S) CRA RPT 3DP
04/25/05 (S) DP: STEVENS G, WAGONER, STEDMAN
04/28/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/28/05 (S) Heard & Held
04/28/05 (S) MINUTE(JUD)
04/30/05 (S) JUD AT 9:00 AM BUTROVICH 205
04/30/05 (S) Scheduled But Not Heard
05/01/05 (S) JUD AT 4:00 PM BUTROVICH 205
05/01/05 (S) Scheduled But Not Heard
05/02/05 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/05 (S) Scheduled But Not Heard
05/03/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 210
SHORT TITLE: BLOODBORNE PATHOGEN TESTING
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE
03/07/05 (H) READ THE FIRST TIME - REFERRALS
03/07/05 (H) JUD, FIN
03/30/05 (H) JUD AT 1:00 PM CAPITOL 120
03/30/05 (H) Moved CSHB 210(JUD) Out of Committee
03/30/05 (H) MINUTE(JUD)
04/01/05 (H) JUD RPT CS(JUD) 6DP
04/01/05 (H) DP: KOTT, ANDERSON, DAHLSTROM, GARA,
GRUENBERG, MCGUIRE
04/12/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/12/05 (H) Moved CSHB 210(JUD) Out of Committee
04/12/05 (H) MINUTE(FIN)
04/13/05 (H) FIN RPT CS(JUD) 6DP 1NR
04/13/05 (H) DP: KELLY, HOLM, STOLTZE, HAWKER,
FOSTER, CHENAULT;
04/13/05 (H) NR: WEYHRAUCH
04/13/05 (H) TRANSMITTED TO (S)
04/13/05 (H) VERSION: CSHB 210(JUD)
04/14/05 (S) READ THE FIRST TIME - REFERRALS
04/14/05 (S) STA, JUD
04/26/05 (S) STA AT 3:30 PM BELTZ 211
04/26/05 (S) Moved CSHB 210(JUD) Out of Committee
04/26/05 (S) MINUTE(STA)
04/27/05 (S) STA RPT 5AM
04/27/05 (S) AM: THERRIAULT, ELTON, WAGONER,
HUGGINS, DAVIS
04/30/05 (S) JUD AT 9:00 AM BUTROVICH 205
04/30/05 (S) Scheduled But Not Heard
05/01/05 (S) JUD AT 4:00 PM BUTROVICH 205
05/01/05 (S) Scheduled But Not Heard
05/02/05 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/05 (S) Scheduled But Not Heard
05/03/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 149
SHORT TITLE: CONTROLLED SUBSTANCES
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
02/14/05 (H) READ THE FIRST TIME - REFERRALS
02/14/05 (H) JUD, FIN
03/07/05 (H) JUD AT 1:00 PM CAPITOL 120
03/07/05 (H) Heard & Held
03/07/05 (H) MINUTE(JUD)
03/09/05 (H) JUD AT 1:00 PM CAPITOL 120
03/09/05 (H) Moved CSHB 149(JUD) Out of Committee
03/09/05 (H) MINUTE(JUD)
03/14/05 (H) JUD RPT CS(JUD) NT 3DP 2NR
03/14/05 (H) DP: ANDERSON, GRUENBERG, MCGUIRE;
03/14/05 (H) NR: KOTT, GARA
03/31/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/31/05 (H) <Bill Hearing Postponed to Tues.
4/5/05>
04/05/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/05/05 (H) Moved CSHB 149(FIN) Out of Committee
04/05/05 (H) MINUTE(FIN)
04/07/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/07/05 (H) Moved CSHB 149(FIN) Out of Committee
04/07/05 (H) MINUTE(FIN)
04/11/05 (H) FIN RPT CS(FIN) NT 10DP
04/11/05 (H) DP: HAWKER, CROFT, HOLM, STOLTZE,
KELLY, WEYHRAUCH, FOSTER, MOSES, MEYER,
04/11/05 (H) CHENAULT
04/13/05 (H) TRANSMITTED TO (S)
04/13/05 (H) VERSION: CSHB 149(FIN) AM
04/14/05 (S) READ THE FIRST TIME - REFERRALS
04/14/05 (S) JUD, FIN
04/28/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/28/05 (S) Heard & Held
04/28/05 (S) MINUTE(JUD)
04/30/05 (S) JUD AT 9:00 AM BUTROVICH 205
04/30/05 (S) Scheduled But Not Heard
05/01/05 (S) JUD AT 4:00 PM BUTROVICH 205
05/01/05 (S) Scheduled But Not Heard
05/02/05 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/05 (S) Scheduled But Not Heard
05/03/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 81
SHORT TITLE: CONTRACTOR LICENSE ENFORCEMENT
SPONSOR(s): REPRESENTATIVE(s) ANDERSON
01/19/05 (H) READ THE FIRST TIME - REFERRALS
01/19/05 (H) L&C, JUD, FIN
01/21/05 (H) L&C AT 3:15 PM CAPITOL 17
01/21/05 (H) Heard & Held
01/21/05 (H) MINUTE(L&C)
01/26/05 (H) L&C AT 3:15 PM CAPITOL 17
01/26/05 (H) Moved CSHB 81(L&C) Out of Committee
01/26/05 (H) MINUTE(L&C)
02/02/05 (H) L&C RPT CS(L&C) NT 5DP 1NR
02/02/05 (H) DP: LYNN, KOTT, LEDOUX, GUTTENBERG,
ANDERSON;
02/02/05 (H) NR: ROKEBERG
02/09/05 (H) JUD AT 1:00 PM CAPITOL 120
02/09/05 (H) Moved CSHB 81(L&C) Out of Committee
02/09/05 (H) MINUTE(JUD)
02/11/05 (H) JUD RPT CS(L&C) NT 3DP 3NR
02/11/05 (H) DP: GRUENBERG, KOTT, ANDERSON;
02/11/05 (H) NR: DAHLSTROM, COGHILL, MCGUIRE
03/02/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/02/05 (H) Heard & Held
03/02/05 (H) MINUTE(FIN)
03/07/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/07/05 (H) Moved CSHB 81(L&C) Out of Committee
03/07/05 (H) MINUTE(FIN)
03/09/05 (H) FIN RPT CS(L&C) NT 3DP 6NR
03/09/05 (H) DP: HAWKER, FOSTER, MEYER;
03/09/05 (H) NR: MOSES, JOULE, STOLTZE, CROFT,
KELLY, CHENAULT
03/16/05 (H) TRANSMITTED TO (S)
03/16/05 (H) VERSION: CSHB 81(L&C)
03/18/05 (S) READ THE FIRST TIME - REFERRALS
03/18/05 (S) L&C, JUD
04/07/05 (S) L&C AT 1:30 PM BELTZ 211
04/07/05 (S) Heard & Held
04/07/05 (S) MINUTE(L&C)
04/19/05 (S) L&C AT 1:30 PM BELTZ 211
04/19/05 (S) Moved SCS CSHB 81(L&C) Out of Committee
04/19/05 (S) MINUTE(L&C)
04/20/05 (S) L&C RPT SCS 2DP 3NR SAME TITLE
04/20/05 (S) NR: BUNDE, DAVIS, SEEKINS
04/20/05 (S) DP: ELLIS, STEVENS B
04/26/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/26/05 (S) Scheduled But Not Heard
04/27/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/27/05 (S) Heard & Held
04/27/05 (S) MINUTE(JUD)
04/28/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/28/05 (S) Scheduled But Not Heard
04/30/05 (S) JUD AT 9:00 AM BUTROVICH 205
04/30/05 (S) Scheduled But Not Heard
05/01/05 (S) JUD AT 4:00 PM BUTROVICH 205
05/01/05 (S) Heard & Held
05/01/05 (S) MINUTE(JUD)
05/02/05 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/05 (S) Scheduled But Not Heard
05/03/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 183
SHORT TITLE: CAMPAIGN FINANCE: SHARED EXPENSES/LISTS
SPONSOR(s): REPRESENTATIVE(s) HAWKER
02/28/05 (H) READ THE FIRST TIME - REFERRALS
02/28/05 (H) STA, JUD
03/29/05 (H) STA AT 8:00 AM CAPITOL 106
03/29/05 (H) Moved CSHB 183(STA) Out of Committee
03/29/05 (H) MINUTE(STA)
03/30/05 (H) STA RPT CS(STA) 2DP 2NR
03/30/05 (H) DP: ELKINS, SEATON;
03/30/05 (H) NR: GARDNER, RAMRAS
04/06/05 (H) JUD AT 1:00 PM CAPITOL 120
04/06/05 (H) <Bill Hearing Postponed>
04/13/05 (H) JUD AT 1:00 PM CAPITOL 120
04/13/05 (H) Moved CSHB 183(JUD) Out of Committee
04/13/05 (H) MINUTE(JUD)
04/14/05 (H) JUD RPT CS(JUD) 6DP 1AM
04/14/05 (H) DP: GRUENBERG, KOTT, DAHLSTROM,
COGHILL, ANDERSON, MCGUIRE;
04/14/05 (H) AM: GARA
04/19/05 (H) TRANSMITTED TO (S)
04/19/05 (H) VERSION: CSHB 183(JUD) AM
04/20/05 (S) READ THE FIRST TIME - REFERRALS
04/20/05 (S) STA, JUD
04/26/05 (S) STA AT 3:30 PM BELTZ 211
04/26/05 (S) Moved SCS CSHB 183(STA) Out of
Committee
04/26/05 (S) MINUTE(STA)
04/27/05 (S) STA RPT SCS 4DP SAME TITLE
04/27/05 (S) DP: WAGONER, ELTON, DAVIS, HUGGINS
04/30/05 (S) JUD AT 9:00 AM BUTROVICH 205
04/30/05 (S) Scheduled But Not Heard
05/01/05 (S) JUD AT 4:00 PM BUTROVICH 205
05/01/05 (S) Scheduled But Not Heard
05/02/05 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/05 (S) Scheduled But Not Heard
05/03/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 201
SHORT TITLE: PERM. FUND DIVIDEND APPS OF MILITARY
SPONSOR(s): REPRESENTATIVE(s) CHENAULT
03/04/05 (H) READ THE FIRST TIME - REFERRALS
03/04/05 (H) MLV, STA
03/17/05 (H) MLV AT 1:00 PM CAPITOL 124
03/17/05 (H) Moved Out of Committee
03/17/05 (H) MINUTE(MLV)
03/18/05 (H) MLV RPT 6DP
03/18/05 (H) DP: THOMAS, GRUENBERG, CISSNA, ELKINS,
MCGUIRE, LYNN
03/29/05 (H) STA AT 8:00 AM CAPITOL 106
03/29/05 (H) Heard & Held
03/29/05 (H) MINUTE(STA)
04/05/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/05/05 (H) <Pending Referral><Bill Postponed>
04/07/05 (H) STA AT 8:00 AM CAPITOL 106
04/07/05 (H) Moved CSHB 201(STA) Out of Committee
04/07/05 (H) MINUTE(STA)
04/08/05 (H) STA RPT CS(STA) NT 6DP 1NR
04/08/05 (H) DP: LYNN, GATTO, GRUENBERG, ELKINS,
RAMRAS, SEATON;
04/08/05 (H) NR: GARDNER
04/21/05 (H) TRANSMITTED TO (S)
04/21/05 (H) VERSION: HB 201
04/22/05 (S) READ THE FIRST TIME - REFERRALS
04/22/05 (S) STA, JUD
04/28/05 (S) STA AT 3:30 PM BELTZ 211
04/28/05 (S) Moved HB 201 Out of Committee
04/28/05 (S) MINUTE(STA)
04/29/05 (S) STA RPT 5DP
04/29/05 (S) DP: THERRIAULT, ELTON, WAGONER,
HUGGINS, DAVIS
05/02/05 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/05 (S) Scheduled But Not Heard
05/03/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SB 74
SHORT TITLE: CRIMES INVOLVING MARIJUANA/OTHER DRUGS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/21/05 (S) READ THE FIRST TIME - REFERRALS
01/21/05 (S) HES, JUD, FIN
03/21/05 (S) HES AT 1:30 PM BUTROVICH 205
03/21/05 (S) Heard & Held
03/21/05 (S) MINUTE(HES)
03/23/05 (S) HES AT 1:30 PM BUTROVICH 205
03/23/05 (S) Heard & Held
03/23/05 (S) MINUTE(HES)
04/01/05 (S) HES AT 1:30 PM BUTROVICH 205
04/01/05 (S) Moved SB 74 Out of Committee
04/01/05 (S) MINUTE(HES)
04/04/05 (S) HES RPT 2DP 1DNP 1NR
04/04/05 (S) DP: DYSON, WILKEN
04/04/05 (S) DNP: ELTON
04/04/05 (S) NR: OLSON
04/11/05 (S) JUD AT 8:00 AM BUTROVICH 205
04/11/05 (S) Heard & Held
04/11/05 (S) MINUTE(JUD)
04/19/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/19/05 (S) Scheduled But Not Heard
04/20/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/20/05 (S) Heard & Held
04/20/05 (S) MINUTE(JUD)
04/23/05 (S) JUD AT 4:00 PM BUTROVICH 205
04/23/05 (S) -- Rescheduled from 04/22/05 --
05/03/05 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Mr. Mike Pawlowski
Staff to Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 33
Mr. Chris Kennedy, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on HB 33
Ms. Sue Wright
Staff to Representative Mike Chenault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 184
Mr. Brian Judy
National Rifle Association
POSITION STATEMENT: Commented on HB 184
Ms. Shalon Szymanski
Staff to Representative Lesil McGuire
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 210
Mr. Everett Robins, Police Officer
Anchorage Police Department
Anchorage, AK
POSITION STATEMENT: Commented on HB 210
Ms. Jane Piersen
Staff to Representative Jay Ramras
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 149
Mr. Dean Guaneli, Chief Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on HB 149 and SB 74
Mr. John Bittner
Staff to Representative Tom Anderson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 81
Mr. John Bitney, Lobbyist
Alaska State Home Builders Association
Palmer, AK
POSITION STATEMENT: Commented on HB 81
Ms. Juli Lucky
Staff to Representative Mike Hawker
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB
Ms. Tammy Campton
Alaska Public Office Commission
Juneau, AK
POSITION STATEMENT: Commented on HB 183
Mr. Eric Deland
Staff to Representative Mike Chenault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 201
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:42:45 AM. Present were Senators
Hollis French, Gretchen Guess, and Chair Ralph Seekins.
CSHB 33(FIN)-EFFECT OF REGULATIONS ON SMALL BUSINESSES
8:44:11 AM
CHAIR RALPH SEEKINS announced HB 33 to be up for consideration.
MR. MIKE PAWLOWSKI, staff to Representative Kevin Meyer
introduced HB 33. The bill is modeled on the Federal Regulatory
Flexibility Act of 1980, which saved small businesses over $17
billion last year in compliance costs. Several states have
instituted a version of HB 33. The administration and the state
chamber of commerce support the bill.
8:44:58 AM
SENATOR GUESS asked Mr. Pawlowski to explain the excluded list
on Page 3, lines 17-24.
MR. PAWLOWSKI said the exclusions on lines 18-20 are subject to
confirmation by the Legislature and made up of individuals who
represent the interest of industry. Lines 21-23 are a series of
statutory authority for the Department of Environmental
Conservation (DEC).
8:47:32 AM
The Local Boundary Commission was outside the intent of the
sponsor. The issues related to Medicaid and Medicare cost
reimbursement regulations were removed saving the state a large
amount of money.
8:49:01 AM
Senator Charlie Huggins and Senator Gene Therriault joined the
committee.
SENATOR GUESS asked the reason the four agencies are detailed on
Page 4, lines 15-19.
MR. PAWLOWSKI responded the bill started with economic effect
then moved to the "govern the conduct" standard. They quickly
found an absurd amount of regulations and agencies. The primary
agencies listed narrow things down to a pilot program.
8:50:35 AM
SENATOR GUESS asked the reason for not including the Department
of Revenue.
MR. PAWLOWSKI responded the concern was largely based on taxing
and reporting requirements for taxes.
SENATOR GUESS asked the reason there was no sunset.
MR. PAWLOWSKI explained the four departments listed on Page 4,
lines 15-19 tell businesses how to conduct their business. The
agencies affected outside the Department of Community and
Economic Development (DCED), believe they can absorb the costs
within their agencies, which is why there are fiscal notes.
8:52:54 AM
SENATOR GUESS stated for the record there would be an
opportunity cost because a state employee will be performing an
extra duty.
MR. PAWLOWSKI clarified HB 33 only applies to new, proposed, or
regulations that are opened under the petition process.
8:54:31 AM
SENATOR FRENCH stated the model act calls for cutoff of 500
employees and HB 33 calls for cutoff at 100. He asked Mr.
Pawlowski the reason for the difference.
MR. PAWLOWSKI directed committee members to a list in their
packets, which is based on the employee size of the business.
The bill is tailored to the needs of Alaska.
SENATOR FRENCH asked the watchdog agency in charge of ensuring
the flexibility analysis is happening at the regulatory process.
MR. PAWLOWSKI answered DCED.
8:57:23 AM
MR. CHRIS KENNEDY, assistant attorney general, Department of Law
(DOL), testified he has been working closely with Representative
Meyer's staff. Governor Murkowski asked to exclude resource
development regulations from the bill at this time because of
the risk of delay.
8:59:36 AM
MR. KENNEDY continued HB 33 would not add much new process. The
intent is to restructure what the agencies are already doing and
impose a little structure to ensure that when considering the
regulations they are thinking specifically about the impact on
small businesses.
9:02:33 AM
SENATOR HUGGINS moved CSHB 33(FIN) from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
Chair Seekins announced a brief recess at 9:03:32 AM.
Chair Seekins reconvened the meeting at 9:05:26 AM.
HB 184 AM -MUNICIPAL FIREARM ORDINANCES
9:05:41 AM
CHAIR RALPH SEEKINS introduced HB 184.
MS. SUE WRIGHT, staff to Representative Mike Chenault introduced
HB 184, which would ensure that citizens be able to look to one
law as the single final authority regarding firearm regulation.
MR. BRIAN JUDY, member, National Rifle Association (NRA), voiced
approval of the bill.
9:08:08 AM
SENATOR GUESS asked Mr. Judy whether HB 184 overturns any
current municipal law.
MR. JUDY responded he does not believe any municipalities in
Alaska have local ordinances that deal with firearms businesses
more restrictively than other businesses.
SENATOR GUESS stated Anchorage has an ordinance where liquor
stores have to be a certain distance from schools. She asked
whether those types of restrictions could be imposed upon a
firearm dealer.
MR. JUDY answered he is not sure.
9:09:53 AM
SENATOR FRENCH stated there are many businesses that incur
restrictions.
CHAIR SEEKINS asserted selling firearms is not the same as
selling pornography.
SENATOR HUGGINS mentioned the federal government has
exclusionary laws around schools.
9:12:00 AM
SENATOR FRENCH wanted to know how restrictively a gun shop owner
would be treated.
CHAIR SEEKINS moved Amendment 1.
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4/28/05
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: HB 184 am
Page 1, lines 3 - 11:
Delete all material.
Insert new bill sections to read:
* Sec. 1. AS 29.35.145(a) is repealed and reenacted to read:
(a) The authority to regulate firearms is reserved to
the state and, except as specifically provided by statute,
a municipality may not enact or enforce an ordinance
regulating the possession, ownership, sale, transfer, use,
carrying, transportation, licensing, taxation, or
registration of firearms.
* Sec. 2. AS 29.35.145 is amended by adding new subsections
to read:
(c) Municipalities may enact and enforce ordinances
(1) that are identical to state law and that
have the same penalty as provided for by state law;
(2) restricting the discharge of firearms in any
portion of their respective jurisdictions where there is a
reasonable likelihood that people, domestic animals, or
property will be jeopardized; ordinances enacted or
enforced under this paragraph may not abridge the right of
the individual guaranteed by art. I, sec. 19, Constitution
of the State of Alaska, to bear arms in defense of self or
others;
(3) restricting the areas in their respective
jurisdictions in which firearms may be sold; a business
selling firearms may not be treated more restrictively that
other businesses located within the same zone; and
(4) prohibiting the possession of firearms in
the restricted access area of municipal government
buildings; the municipal assembly shall post notice of the
prohibition against possession of firearms at each entrance
to the restricted access area.
(d) In this section,
(1) "firearms" includes firearms, or any other
element relating to firearms or parts thereof including
ammunition and reloading components;
(2) "restricted access area" means the area
beyond a secure point where visitors are screened and does
not include common areas of ingress and egress open to the
general public.
(e) The prohibition on taxation in (a) of this
section does not include imposition of a sales tax that is
levied on all products sold within a municipality."
SENATOR FRENCH objected for discussion. He asked Chair Seekins
how the new Section 1 would coexist with Section 1 of the
underlying bill.
CHAIR SEEKINS asked Mr. Judy to comment.
9:14:36 AM
MR. JUDY indicated only the findings were taken out. He did not
understand the question.
CHAIR SEEKINS asked whether the intent of the bill was restated
in Amendment 1 or whether it was included in it.
MR. JUDY said the amendment would start with repealing and
reenacting AS 29.35.145(a). The content of the original bill is
clearly restated in the amendment.
SENATOR FRENCH said by leaving out "discharge" in Amendment 1 it
implicitly cedes to municipalities the authority to regulate
discharge.
9:17:52 AM
SENATOR FRENCH said he wanted to make sure subsection (a) in
Section 2 doesn't override subsection (c) of Section 3.
CHAIR SEEKINS said it does not. The amendment gives
municipalities the ability to regulate discharge.
9:18:40 AM
SENATOR GUESS referred to Section 2, subsection (a) and asked
whether a municipality can tax firearms or anything associated
with firearms.
MR. JUDY responded the end of the bill allows imposition of
sales tax.
9:19:58 AM
SENATOR FRENCH removed his objection. Amendment 1 was adopted
unanimously.
CHAIR SEEKINS moved Amendment 2.
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A M E N D M E N T 2
OFFERED IN THE SENATE
TO: HB 184 am
Page 1, following line 11:
Insert a new bill section to read:
"* Sec. 3. AS 18.65 is amended by adding a new section to
read:
Article 10A. Firearms.
Sec. 18.65.800. Possession of firearms in motor
vehicles. (a) Notwithstanding any other provision of law,
the state, a municipality, or a person may not adopt or
enforce a law, ordinance, policy, or rule that prohibits or
has the effect of prohibiting an individual from possessing
a firearm while that individual is within a motor vehicle
or prohibiting an individual from storing a firearm that is
locked in the individual's motor vehicle while the motor
vehicle is otherwise legally parked in or on state or
municipal property or another person's property. This
section applies only to possession of a firearm by an
individual who may legally possess a firearm under state
and federal law.
(b) This section does not limit a person's rights or
remedies under any other law.
(c) The state, a municipality, or a person is not
liable for any injury or damage resulting from the storage
of a firearm in the vehicle of an individual in accordance
with this section."
SENATOR FRENCH objected for discussion.
MR. JUDY explained Amendment 2 would provide that a state,
municipality, or person may not prohibit possession of firearms
in vehicles. He said he sees a problem where an employer has a
"no guns in the workplace" policy. The employer has a right to
that policy in the workplace but the problem is when the policy
is extended to the company parking lot. The policy would
effectively disarm individuals for the entire day.
9:22:34 AM
The basis of Amendment 2 allows workplace restrictions but does
not allow them to be extended to the vehicles.
SENATOR GUESS asked whether there are current state or local
restrictions on having a firearm in a motor vehicle at a school.
She asked whether this would be changing current practice in
Alaska.
MR. JUDY said he didn't think so. Under Anchorage municipal
ordinances, firearms are completely banned in vehicles but under
state law, they are allowed with some restrictions. The
preemption bill would modify the Anchorage ordinance but it
would not modify state law.
9:24:31 AM
SENATOR FRENCH clarified Anchorage municipal law does not
prohibit guns in vehicles. Possession of a gun on school grounds
is prohibited. HB 184 would have the effect of overriding that.
CHAIR SEEKINS agreed.
MR. JUDY clarified under state law, firearms are prohibited on
school grounds.
CHAIR SEEKINS asserted HB 184 would not modify state law.
SENATOR FRENCH pointed out municipal ordinance does not allow
guns on school grounds.
9:25:51 AM
MR. JUDY understood Anchorage municipal ordinance restricts
firearms from schools.
CHAIR SEEKINS acknowledged HB 184 would change that ordinance.
Guns would have to be unloaded and locked in the vehicle.
SENATOR GUESS referred to line 16 of Amendment 2 and asked
whether it would exempt a gun owner from anything resulting from
the storage of their firearms.
CHAIR SEEKINS said the intent would be to exempt the property
owner from liability for the action of the gun being in the
vehicle.
MR. JUDY agreed.
9:28:42 AM
Chair Seekins proposed an amendment to Amendment 2.
Line 17, delete "an". Insert "another."
SENATOR FRENCH advised Mr. Judy of his concern regarding private
property rights. Amendment 2 indicates a homeowner or employer
would not be allowed to bar people from bringing guns to a home
or to the workplace.
MR. JUDY claimed Amendment 2 is an attempt to strike a balance
between property rights and individual rights.
9:33:30 AM
SENATOR FRENCH disagreed with the concept. He said private
property is private property.
SENATOR HUGGINS asked Senator French whether he thought he
should be able to search somebody's vehicle on his property.
SENATOR FRENCH answered yes.
SENATOR HUGGINS asserted individuals have privacy rights.
SENATOR FRENCH said the (US Constitution) Fourth Amendment
applies to the government.
Chair Seekins announced a brief recess at 9:35:06 AM.
Chair Seekins reconvened the meeting at 9:41:59 AM.
Roll call proved Amendment 2 passed with Senator French
dissenting.
Chair Seekins announced a brief recess at 9:43:01 AM.
Chair Seekins reconvened the meeting at 9:43:31 AM.
SENATOR HUGGINS moved SCS HB 184(JUD) from committee with
individual recommendations and attached fiscal note(s).
SENATOR FRENCH objected. He said he hoped to vote for the bill
when it came into committee but Amendment 2 strips the personal
property rights of Alaskan citizens.
Roll call proved SCS HB 184(JUD) passed out of committee with
Senator French dissenting.
Chair Seekins announced a brief recess at 9:45:46 AM.
Chair Seekins reconvened the meeting at 9:46:40 AM.
CSHB 210(JUD)-BLOODBORNE PATHOGEN TESTING
CHAIR RALPH SEEKINS announced HB 210 to be up for consideration.
SENATOR THERRIAULT moved Version \F as the working document
before the committee.
MS. SHALON SZYMANSKI, staff to Representative Lesil McGuire,
introduced HB 210. The changes from Senate State Affairs
Standing Committee addressed employees under contract in
correctional facilities.
9:48:27 AM
A technical change was made on Page 2, line 30 to add "adult or
juvenile offender or" before "prisoner."
SENATOR GUESS wondered how a parent or guardian would be
involved with HB 210.
MS. SZYMANSKI admitted HB 210 does not address the parent or
guardian.
9:49:49 AM
MR. EVERETT ROBINS, officer, Anchorage Police Department (APD),
testified in support of HB 210. He said there are certain laws
where juveniles are handled as adults. The department does not
need permission from parents to process somebody in the system
including drawing blood.
9:51:50 AM
SENATOR GUESS referred to Section 2 and noted there might be a
need to ensure parental or guardian contact before the juvenile
signs away consent.
MR. ROBINS agreed that would be appropriate. HB 210 is a good
bill for first responders to have because suspects often spit on
police officers and correctional officers.
9:54:33 AM
SENATOR FRENCH asked Ms. Szymanski whether a person has to be
charged with a crime in order to be subject to the testing
requirements.
MS. SZYMANSKI responded the bill states it could be an offender,
a prisoner, or victims of accidents. They wouldn't necessarily
be charged.
9:56:38 AM
MR. ROBINS added HB 210 wasn't intended for victims, it was
intended for suspects not necessarily under arrest.
SENATOR FRENCH asked the definition of "adult or juvenile
defender."
MS. SZYMANSKI did not know.
9:58:19 AM
SENATOR FRENCH moved Amendment 1.
Page 6, line 22 after the word "person" insert "in custody,
arrested, or".
9:59:41 AM
Amendment 1 was unanimously adopted.
SENATOR HUGGINS moved SCS CSHB 210(JUD) from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
CSHB 149(FIN)AM -CONTROLLED SUBSTANCES
10:01:41 AM
CHAIR RALPH SEEKINS announced HB 149 to be up for consideration.
MS. JANE PIERSEN, staff to Representative Jay Ramras, introduced
HB 149. There are proposed amendments attached to the bill.
10:02:58 AM
SENATOR GRETCHEN GUESS moved SCS CSHB 149(JUD) Version \K as the
working document. She asked Ms. Piersen whether there was
anything in the committee substitute that wasn't part of an
amendment passed prior in the Senate Judiciary Standing
Committee.
MS. PIERSEN replied no. The first proposed amendment deletes the
log in several sections and puts it in a new subsection. The
person would no longer be guilty of a class A misdemeanor but a
violation.
10:05:02 AM
SENATOR GUESS moved Amendment 1. Hearing no objections, the
motion carried.
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A M E N D M E N T 1
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, lines 13 - 16:
Delete "The log and the information entered into the log is
confidential. The retailer may not allow access to the log or
release information contained within the log except to the
Department of Public Safety or other law enforcement officers."
Page 11, following line 3:
Insert a new subsection to read:
(g) The log required to be maintained by a retailer
under (b) of this section and the information entered into
the log is confidential. The retailer may not allow access
to the log or release information contained within the log
except to the Department of Public Safety or other law
enforcement officers."
Reletter the following subsections accordingly.
Page 11, line 15:
Delete "(g)"
Insert "(h)"
Page 11, line 21, following "violation.":
Insert "A retailer who knowingly violates (g) of this
section is guilty of a violation."
SENATOR GUESS moved Amendment 2. Hearing no objections, the
motion carried.
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A M E N D M E N T 2
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 11, line 3:
Delete "subsequent"
Following "period":
Insert "following the written request"
SENATOR GUESS moved Amendment 3.
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A M E N D M E N T 3
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 20, following "regulation":
Insert "due to the product's potential for diversion to the
manufacture of methamphetamine, its immediate precursors, or the
salts, isomers, or salts of isomers of methamphetamine or its
immediate precursors"
CHAIR SEEKINS objected for explanation.
10:06:18 AM
MR. DEAN GUANELI, chief assistant attorney general, Department
of Law (DOL), explained the proposed language gives the DOL
additional guidance, which is due to the product's potential for
diversion to the manufacture of crystal methamphetamine (meth).
10:07:51 AM
Once state law is adopted where only the sole active ingredient
products go behind the counter, the meth cooks will begin to
cook the combination ingredient products. HB 149 should add
language that allows flexibility to incorporate multi-ingredient
products into the bill.
10:09:41 AM
Chair Seekins removed his objection and hearing no others,
Amendment 3 was adopted.
SENATOR GUESS moved Amendment 4.
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A M E N D M E N T 4
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 4, lines 17 - 25:
Delete all material and insert:
"(2) less than 24 grams of ephedrine,
pseudoephedrine, phenylpropanolamine, or the salts,
isomers, or salts of isomers of those chemicals, kept in a
locked storage area on the premises of a legitimate
business or nonprofit organization operating a camp, lodge,
school, day care center, treatment center, or other
organized group activity, and the location or nature of the
activity, or the age of the participants, makes it
impractical for the participants in the activity to obtain
medicinal products."
CHAIR SEEKINS objected for explanation.
MR. GUANELI explained the amendment allows the police the
opportunity to obtain a search warrant.
10:12:22 AM
SENATOR FRENCH objected. He said the words "consistent with
typical medicinal or household use" should be enough for the
police to make a determination between a meth lab and a
household.
MR. GUANELI informed some meth labs are operated where the
people collect ingredients separately. In order to obtain a
search warrant the police have to prove other factors exist. In
some circumstances it is not possible for the police to do.
10:14:52 AM
MR. GUANELI continued the amendment is an attempt to limit the
organizations that store many products.
SENATOR FRENCH removed his objection. Amendment 4 was
unanimously adopted.
10:16:58 AM
SENATOR GUESS moved Amendment 5.
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A M E N D M E N T 5
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 8, following "regulation":
Insert "due to the product's potential for diversion to the
manufacture of methamphetamine, its immediate precursors, or the
salts, isomers, or salts of isomers of methamphetamine or its
immediate precursors"
CHAIR SEEKINS objected for explanation.
MR. GUANELI explained the amendment is necessary to give the
Department of Public Safety (DPS) more direction as to how to
regulate additional substances that go behind the counter.
CHAIR SEEKINS removed his objection. Hearing no others,
Amendment 5 was adopted.
SENATOR GUESS moved Amendment 6.
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A M E N D M E N T 6
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 1, line 9, through page 2, line 3:
Delete all material.
Page 2, line 4:
Delete "Sec. 2"
Insert "Section 1"
Renumber the following bill sections accordingly.
Page 12, line 31:
Delete "Section 8"
Insert "Section 7"
Page 13, line 6:
Delete "Sections 2 - 12 and 15:
Insert "Sections 1 - 11 and 14"
Page 13, line 9:
Delete "Sections 1 - 16"
Insert "Sections 1 - 15"
Page 13, line 10:
Delete "Section 17"
Insert "Section 16"
CHAIR SEEKINS objected for explanation.
MR. GUANELI explained Amendment 6 would remove the findings from
the bill. It also relates to the danger of manufacturing meth.
It addresses a mandatory bail amount for repeat offenders. He
expressed a preference for leaving Section 1 in the bill.
10:19:35 AM
SENATOR THERRIAULT offered to provide a letter of intent from
the committee in lieu of Section 1.
CHAIR SEEKINS removed his objection. Hearing no others,
Amendment 6 was adopted.
10:21:20 AM
SENATOR GUESS moved Amendment 7.
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A M E N D M E N T 7
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 13, line 8:
Delete "AS 17.30.090"
Insert "AS 17.30.090(b)"
CHAIR SEEKINS objected for explanation.
MS. PIERSEN explained Amendment 7 was intended to be part of
sunsetting the logs. The amendment is incorrect and should be
"Insert AS 17.30.090(g)."
SENATOR GUESS speculated (b) was correct.
MS. PIERSEN stood corrected.
CHAIR SEEKINS removed his objection.
SENATOR GUESS asked whether the checking of identification (ID)
would be repealed.
MS. PIERSEN said the intent is to repeal the log.
CHAIR SEEKINS said he had no problem continuing the checking of
ID. The intent was to remove the log-keeping at sunset if proven
non-effective.
10:23:51 AM
SENATOR FRENCH noted a need to reinsert the photo ID portion
elsewhere in the bill.
Amendment 7 was tabled.
SENATOR GUESS moved Amendment 8 and explained this would put
everything in the log in regulation. Hearing no objections, the
motion carried.
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A M E N D M E N T 8
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, lines 10 - 11:
Delete "requires the purchaser to sign a written log
completed by the retailer"
Insert "completes a written log"
SENATOR GUESS moved Amendment 9. Hearing no objections, the
motion carried.
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A M E N D M E N T 9
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 2, following "or a":
Insert "shorter"
10:25:26 AM
SENATOR GUESS moved Amendment 10.
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A M E N D M E N T 10
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 12, following "regulation.":
Insert "The log shall be maintained for one year or a
shorter period of time established by the Department of Public
Safety by regulation."
CHAIR SEEKINS objected for explanation.
MS. PIERSEN advised the amendment maintains the same language
for retailers that the log is maintained for one year or shorter
period of time established by the DPS by regulation.
CHAIR SEEKINS removed his objection. Hearing no further
objections, Amendment 10 was adopted.
SENATOR GUESS moved Amendment 11.
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A M E N D M E N T 11
OFFERED IN THE HOUSE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 16, following "officers":
Insert "A retailer is not liable in a civil action for
release of information contained in the log in violation of the
confidentiality requirements of this section unless the retailer
intentionally released the information or was aware at the time
of the release that the information was being released in
violation of this section."
CHAIR SEEKINS objected for explanation.
SENATOR GUESS advised the amendment is to relieve the retailer
from civil liability for an accidental release of information
kept in the log.
CHAIR SEEKINS removed his objection. Hearing no further
objections, Amendment 11 was unanimously adopted.
The committee revisited Amendment 7.
10:27:23 AM
SENATOR FRENCH asked for directions to the sunset.
SENATOR GUESS directed Page 13; line 8 (Section 17) says it will
be repealed. Section 19 says Section 17 would go into effect
June 30, 2007.
SENATOR FRENCH stated unless action is taken prior to the
repealer date, all the requirements go away.
10:29:11 AM
Amendment 7 was unanimously adopted.
SENATOR GUESS alerted the committee to a drafting error on Page
10, lines 7 and 19. Both paragraphs talk about a product or
substance. She proposed Amendment 12.
A M E N D M E N T 12
Page 10, line 7, after (3) insert "ephedrine, pseudo
ephedrine, phenylpropanolamine, their salts, isomers, or salts
of isomers, and."
10:31:36 AM
MR. GUANELI said red phosphorus is also an essential ingredient
of meth and regulating ingredients that are too common can be
problematic.
10:33:48 AM
Amendment 12 was unanimously adopted.
SENATOR GUESS moved Amendment 13. Hearing no objections, the
motion carried.
A M E N D M E N T 13
Page 10, line 19, delete "any additional product." Insert
"other ingredient."
10:36:19 AM
SENATOR GUESS moved SCS CSHB 149(JUD) from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
Chair Seekins recessed the meeting at 10:37:18 AM.
Chair Seekins reconvened the meeting at 4:19:41 PM.
Senators Huggins, Therriault and Chair Seekins were present.
CSHB 81(L&C)-CONTRACTOR LICENSE ENFORCEMENT
4:19:41 PM
CHAIR SEEKINS announced HB 81 to be up for consideration. He
recognized it as a very controversial bill and a difficult one
to consider.
Senator French and Senator Guess joined the meeting.
CHAIR SEEKINS directed committee members to Page 4, Paragraph 8.
He expressed concern with legitimizing a black market labor
force.
4:21:53 PM
CHAIR SEEKINS suggested amending HB 81 in two places, which
would raise the aggregate contract price allowable to $10,000.
4:23:38 PM
Mr. JON BITTNER, staff to Representative Tom Anderson, agreed
with the proposal.
MR. JOHN BITNEY, lobbyist, Alaska Home Builders Association,
agreed with the proposal.
4:25:27 PM
Chair Seekins proposed Amendment 1. Hearing no objections, the
motion carried.
Page 4, lines 16 and 19, delete $5,000. Insert $10,000.
SENATOR HUGGINS moved SCS CSHB 81(JUD) from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
CSHB 183(JUD)AM-CAMPAIGN FINANCE: SHARED EXPENSES/LISTS
4:27:17 PM
CHAIR RALPH SEEKINS announced HB 183 to be up for consideration.
MS. JULI LUCKY, staff for Representative Mike Hawker introduced
the bill. HB 183 makes two changes to the campaign reporting
statutes. It allows a candidate to reimburse another candidate
for costs incurred in a shared campaign expense and allows
candidates and political parties to share fundraising lists.
SENATOR HOLLIS FRENCH noted it is currently illegal for one
campaign to write a check to another campaign. He asked whether
HB 183 would change that.
MS. LUCKY said yes.
SENATOR FRENCH voiced support for the idea of HB 183. He asked
whether it was strictly for shared campaign fundraisers.
MS. LUCKY said she did not believe there was a strict
definition. The intent is for any shared campaign activity.
4:30:47 PM
SENATOR CHARLIE HUGGINS voiced support of the bill.
SENATOR GENE THERRIAULT asked in the case of two campaign
expenditures being exactly the same, whether each candidate
could simply pay the tab for one or would they both have to be
evenly split.
4:33:35 PM
MS. TAMMY CAMPTON, Alaska Public Offices Commission, answered
that would be something that should be covered in regulation.
4:35:02 PM
SENATOR FRENCH asked the process for splitting the costs of a
shared activity.
MS. CAMPTON said under the current regulations, costs have to be
allocated equally.
SENATOR FRENCH asked the definition of "shared campaign
activity."
MS. CAMPTON answered candidates sharing any expense.
4:36:42 PM
SENATOR HUGGINS moved SCS CSHB 183(STA) from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
HB 201-PERM. FUND DIVIDEND APPS OF MILITARY
4:41:07 PM
CHAIR RALPH SEEKINS announced HB 201 to be up for consideration.
MR. ERIC DELAND, staff to Representative Mike Chenault
introduced HB 201.
4:43:01 PM
SENATOR HOLLIS FRENCH asked the number of people to which the
bill applies.
MR. DELAND responded there are 3,800 military people ready to
deploy in the next few weeks. There are 300 currently deployed.
SENATOR HUGGINS moved HB 201 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, the motion carried.
SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS
4:48:42 PM
CHAIR RALPH SEEKINS announced SB 74 to be up for consideration.
He advised the committee was working off Version \A.
4:51:07 PM
MR. DEAN GUANELI, chief assistant attorney general, Department
of Law (DOL), commented in the last meeting Senator French
proposed a committee substitute to the bill (Version \G). He
proposed an amendment to Version \A.
4:52:51 PM
SENATOR HOLLIS FRENCH moved Amendment 2.
A M E N D M E N T 2
Delete Section 3 of the bill and re-number bill sections
accordingly.
Page 6, line 20:
Change "aggregate weight of one-half ounce or more" to
read "aggregate weight of less than one ounce [ONE-
HALF OUNCE OR MORE]"
Page 6, delete lines 22-25
Do not renumber paragraphs.
Page 7, delete lines 22-25 and re-number paragraphs
accordingly.
CHAIR SEEKINS objected for discussion.
MR. GUANELI explained the amendment would remove Section 3,
which experienced the most resistance.
4:55:40 PM
MR. GUANELI continued possession of smaller amounts of marijuana
should be a misdemeanor.
4:57:42 PM
The next bullet on the amendment would repeal the provisions on
lines 22-25 so less than one-half ounce provision goes away. The
final change deletes language about growing or selling less than
one-half ounce of marijuana.
4:59:25 PM
The affect of the amendment is what is now a class B misdemeanor
becomes a class A misdemeanor.
5:02:40 PM
SENATOR GENE THERRIAULT asked the number of cigarettes in one
ounce of marijuana.
MR. GUANELI responded it was approximately one hundred.
5:04:33 PM
Chair Seekins removed his objection. Hearing no further
objections, Amendment 2 was unanimously adopted.
Chair Seekins announced a brief recess at 5:05:14 PM.
Chair Seekins reconvened the meeting at 5:08:42 PM.
SENATOR FRENCH withdrew his proposed committee substitute, which
was Version \G.
CHAIR SEEKINS held SB 74 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 5:10:11 PM.
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