Legislature(2005 - 2006)BUTROVICH 205
04/25/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB308 | |
| SB316 | |
| HB439 | |
| SB307 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 308 | TELECONFERENCED | |
| += | SB 307 | TELECONFERENCED | |
| + | HB 442 | TELECONFERENCED | |
| + | HB 439 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 316 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 25, 2006
8:38 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. 308(JUD) am
"An Act relating to false caller identification."
MOVED CSHB 308(JUD) am OUT OF COMMITTEE
SENATE BILL NO. 307
"An Act relating to a fee provided for in the rental agreement
for late payment of rent under the Uniform Residential Landlord
and Tenant Act."
HEARD AND HELD
CS FOR HOUSE BILL NO. 442(JUD) am
"An Act relating to the validity of advance health care
directives, individual health care instructions, and do not
resuscitate orders; relating to the revocation of advance health
care directives; relating to do not resuscitate orders; relating
to resuscitative measures; relating to the liability and
discipline of health care providers, institutions, and
facilities; relating to proceedings for judicial relief;
relating to an individual's capacity for making health care
decisions; and providing for an effective date."
SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 439(L&C) am
"An Act relating to authorizing the state to join with other
states in entering into the Interstate Insurance Product
Regulation Compact."
MOVED CSHB 439(L&C) am OUT OF COMMITTEE
SENATE BILL NO. 316
"An Act amending the Alaska Stranded Gas Development Act to
eliminate the opportunity for judicial review of the findings
and determination of the commissioner of revenue on which are
based legislative review for a proposed contract for payments in
lieu of taxes and for the other purposes described in that Act;
and providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 308
SHORT TITLE: CALLER ID HACKERS
SPONSOR(s): REPRESENTATIVE(s) LYNN
05/08/05 (H) READ THE FIRST TIME - REFERRALS
05/08/05 (H) JUD, FIN
03/22/06 (H) JUD AT 1:00 PM CAPITOL 120
03/22/06 (H) <Bill Hearing Postponed to 03/24/06>
03/24/06 (H) JUD AT 1:00 PM CAPITOL 120
03/24/06 (H) <Bill Hearing Postponed to 03/29/06>
03/29/06 (H) JUD AT 1:00 PM CAPITOL 120
03/29/06 (H) Moved CSHB 308(JUD) Out of Committee
03/29/06 (H) MINUTE(JUD)
03/30/06 (H) JUD RPT CS(JUD) 4DP 1NR
03/30/06 (H) DP: COGHILL, ANDERSON, KOTT, MCGUIRE;
03/30/06 (H) NR: GARA
04/11/06 (H) FIN REFERRAL WAIVED
04/11/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/11/06 (H) <Bill Hearing Canceled>
04/18/06 (H) TRANSMITTED TO (S)
04/18/06 (H) VERSION: CSHB 308(JUD) AM
04/19/06 (S) READ THE FIRST TIME - REFERRALS
04/19/06 (S) JUD, FIN
04/25/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SB 307
SHORT TITLE: LANDLORD REMEDIES; LATE FEE
SPONSOR(s): LABOR & COMMERCE
02/23/06 (S) READ THE FIRST TIME - REFERRALS
02/23/06 (S) L&C, JUD
03/09/06 (S) L&C AT 1:30 PM BELTZ 211
03/09/06 (S) Heard & Held
03/09/06 (S) MINUTE(L&C)
03/16/06 (S) L&C AT 1:30 PM BELTZ 211
03/16/06 (S) Scheduled But Not Heard
03/28/06 (S) L&C AT 1:30 PM BELTZ 211
03/28/06 (S) Heard & Held
03/28/06 (S) MINUTE(L&C)
03/30/06 (S) L&C AT 1:30 PM BELTZ 211
03/30/06 (S) Moved SB 307 Out of Committee
03/30/06 (S) MINUTE(L&C)
03/31/06 (S) L&C RPT 2DP 1NR 2AM
03/31/06 (S) DP: BUNDE, STEVENS B
03/31/06 (S) NR: DAVIS
03/31/06 (S) AM: ELLIS, SEEKINS
04/19/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/19/06 (S) Heard & Held
04/19/06 (S) MINUTE(JUD)
04/25/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 439
SHORT TITLE: INSURANCE PRODUCT REGULATION COMPACT
SPONSOR(s): REPRESENTATIVE(s) COGHILL
02/10/06 (H) READ THE FIRST TIME - REFERRALS
02/10/06 (H) L&C, JUD
03/01/06 (H) L&C AT 3:15 PM CAPITOL 17
03/01/06 (H) Moved CSHB 439(L&C) Out of Committee
03/01/06 (H) MINUTE(L&C)
03/03/06 (H) L&C RPT CS(L&C) NT 3DP 3NR
03/03/06 (H) DP: LYNN, ROKEBERG, KOTT;
03/03/06 (H) NR: CRAWFORD, LEDOUX, GUTTENBERG
03/22/06 (H) JUD AT 1:00 PM CAPITOL 120
03/22/06 (H) <Bill Hearing Postponed to 03/24/06>
03/24/06 (H) JUD AT 1:00 PM CAPITOL 120
03/24/06 (H) Scheduled But Not Heard
03/27/06 (H) JUD AT 1:00 PM CAPITOL 120
03/27/06 (H) Moved CSHB 439(L&C) Out of Committee
03/27/06 (H) MINUTE(JUD)
03/28/06 (H) JUD RPT CS(L&C) NT 4DP 2AM
03/28/06 (H) DP: COGHILL, ANDERSON, KOTT, MCGUIRE;
03/28/06 (H) AM: GARA, GRUENBERG
04/05/06 (H) TRANSMITTED TO (S)
04/05/06 (H) VERSION: CSHB 439(L&C) AM
04/07/06 (S) READ THE FIRST TIME - REFERRALS
04/07/06 (S) L&C, JUD
04/11/06 (S) L&C AT 1:30 PM BELTZ 211
04/11/06 (S) Heard & Held
04/11/06 (S) MINUTE(L&C)
04/20/06 (S) L&C AT 1:30 PM BELTZ 211
04/20/06 (S) Moved CSHB 439(L&C)am Out of Committee
04/20/06 (S) MINUTE(L&C)
04/21/06 (S) L&C RPT 3DP 1NR
04/21/06 (S) DP: BUNDE, SEEKINS, STEVENS B
04/21/06 (S) NR: DAVIS
04/25/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SB 316
SHORT TITLE: COURT REVIEW OF STRANDED GAS DECISION
SPONSOR(s): JUDICIARY
04/13/06 (S) READ THE FIRST TIME - REFERRALS
04/13/06 (S) JUD
04/19/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/19/06 (S) Heard & Held
04/19/06 (S) MINUTE(JUD)
04/20/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/20/06 (S) Heard & Held
04/20/06 (S) MINUTE(JUD)
04/21/06 (S) JUD AT 9:30 AM BUTROVICH 205
04/21/06 (S) Heard & Held
04/21/06 (S) MINUTE(JUD)
04/22/06 (S) JUD AT 9:30 AM BUTROVICH 205
04/22/06 (S) -- Continued from 04/20/06 --
WITNESS REGISTER
Representative Bob Lynn
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 308
Dirk Moffatt, Legislative Aide
Staff to Representative Bob Lynn
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 308
Larry Ostrovsky, Assistant Attorney General
Oil, Gas & Mining Section
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions regarding SB 316
Rynnieva Moss, Legislative Aide
Staff to Representative John Coghill
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 439
Linda Hall, Director
Division of Insurance
Department of Administration
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Commented on HB 439
Jane Alberts, Legislative Aide
Staff to Senator Con Bunde
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 307
Ed Sniffen, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions regarding SB 307
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:38:58 AM. Present were Senators
Hollis French, Charlie Huggins and Chair Ralph Seekins.
HB 308-CALLER ID HACKERS
8:39:52 AM
CHAIR RALPH SEEKINS announced CSHB 308(JUD) am to be up for
consideration.
REPRESENTATIVE BOB LYNN, bill sponsor, introduced the bill. He
warned the committee that the telephone caller identification
(ID) system is no longer to be trusted. Both private individuals
and commercial "spoofers" can now cause false caller
identification to be displayed on any caller ID screen.
The power to create serious mischief with caller ID spoofing
technology is almost unlimited. It can facilitate fraud and be
potentially dangerous. Scam artists who appear to be phoning
from a reputable agency can defraud victims with ease. There is
also potential for hoax emergency calls with false caller ID to
law enforcement or the fire department.
Anyone with sufficient computer and telephonic skills can spoof
telephone caller ID systems. In fact, an entire telephone
spoofing industry has emerged and is growing daily. CSHB
308(JUD) am would make it a class B misdemeanor for any person
who inserts false information into a caller ID system, except
for legitimate reasons.
8:43:28 AM
SENATOR HOLLIS FRENCH asked whether there has been any spoofing
done in Alaska.
REPRESENTATIVE LYNN said probably but he had no evidence of it.
SENATOR FRENCH asked Representative Lynn whether he checked with
the Consumer Protection Agency and law enforcement agencies to
see whether this is a problem in Alaska.
REPRESENTATIVE LYNN said no.
SENATOR FRENCH asked whether the attorney general or any law
enforcement agency has contacted him regarding the issue.
REPRESENTATIVE LYNN said no.
DIRK MOFFATT, Staff to Representative Lynn, directed committee
members to a letter of support in the bill packet from the
Alaska Network for Domestic Violence and Sexual Assault. He said
it was a new issue. Anyone can purchase what is called a "spoof
card," phone into a call center, enter the phone number they
want displayed on the caller ID, enter a name, and even select a
change of voice. It takes no special skills to do so.
8:46:43 AM
SENATOR GRETCHEN GUESS joined the meeting.
SENATOR FRENCH asked whether a person wanting to protect their
identity could still do so.
MR. MOFFATT said that option is available through the regular
phone company service. The bill is trying to stop people from
pretending to be an institution such as "Bank of America."
REPRESENTATIVE LYNN added that entering the false information
would be the crime. Caller ID spoofing is very easy to do using
voice-over technology.
SENATOR CHARLIE HUGGINS asked Mr. Moffatt how detectable the
spoofing is.
MR. MOFFATT said it is very difficult to catch someone doing it.
8:49:39 AM
SENATOR HUGGINS asked whether it was easy to ensure that an
innocent person was not charged with the crime.
REPRESENTATIVE LYNN responded that the call would not be
emanating from an innocent person's phone. It would just appear
that it was coming from someone else's phone. United States
Congressman Tim Murphy was a victim of caller ID spoofing and is
currently encouraging all fifty states to enact legislation of
the same type.
CHAIR SEEKINS noted he uses a calling card to make long distance
calls and the number displayed on the caller ID system is not
the number from where he is calling. He asked whether that would
be a violation of the law.
REPRESENTATIVE LYNN said he did not think so because in that
situation there would be no intent to impersonate somebody.
8:51:46 AM
ROBERT DOUGLAS, Information Security Consultant, informed the
committee of his background as a private investigator with
experience in political corruption and international terrorism.
He said he testified before the United States Congress on
information security issues, such as obtaining phone records
with deception, and caller ID spoofing. He testified in support
of HB 308.
MR. DOUGLAS gave an example where a swat team was forced to shut
down a neighborhood in New Jersey after receiving what seemed
like a legitimate distress call. It was later determined to be a
spoof. It is also possible to cause a call to appear as if it is
coming from a person's home and with a little personal
information, a "spoofer" is able to move money from one bank
account to another.
8:58:18 AM
Senator Gene Therriault joined the meeting.
CHAIR SEEKINS closed public testimony.
SENATOR HUGGINS moved CSHB 308(JUD) am from committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
SB 316-COURT REVIEW OF STRANDED GAS DECISION
9:02:10 AM
CHAIR RALPH SEEKINS announced SB 316 to be up for consideration.
SENATOR CHARLIE HUGGINS moved to adopt CSSB 316(JUD) version Y
as the working document before the committee. Hearing no
objections, the motion carried.
CHAIR SEEKINS reviewed the changes in the committee substitute
(CS). The title has been changed. Section 1 makes it clear that
the portions of the records and files of the Department of
Revenue (DOR), Department of Natural Resources, (DNR),
Department of Law (DOL), and any municipal advisory group
established reflect, incorporate, or analyze information that is
relevant to the development of the strategy of the commissioner
are public records after the commissioner of the DOR gives
public notice.
CHAIR SEEKINS advised committee members that he would give them
time to review the CS and the committee would discuss the bill
more the following day.
9:06:15 AM
SENATOR GENE THERRIAULT asked whether the process of a challenge
to the findings and determination of the Legislature would be
the same as a challenge to the commissioner's findings.
CHAIR SEEKINS deferred the question to a representative from the
Department of Law.
SENATOR THERRIAULT reiterated his question for the witness.
LARRY OSTROVSKY, Assistant Attorney General, Oil, Gas & Mining
Section, Department of Law (DOL), said he did not have enough
time to review the CS and give an affirmative answer.
SENATOR THERRIAULT suggested the committee wait to ask
questions.
SENATOR FRENCH informed Mr. Ostrovsky that his chief concern was
whether or not the CS preserves every substantive right to
challenge the finding.
CHAIR SEEKINS said his understanding was that the Legislature,
by inserting itself into the procedure, was the final trigger
point. It would be up to the Legislature to determine if the
commissioner's findings support whether the contract would be in
the best financial interest of the State of Alaska.
9:10:58 AM
CHAIR SEEKINS held SB 316 in committee.
At ease 9:11:13 AM
HB 439-INSURANCE PRODUCT REGULATION COMPACT
9:12:03 AM
CHAIR RALPH SEEKINS announced CSHB 439(L&C) am to be up for
consideration.
RYNNIEVA MOSS, Staff for Representative John Coghill, introduced
the bill. The Interstate Insurance Product Regulation Act would
culminate in the regulation of insurance, annuities, disability
income, and long-term care products. Alaska would join twenty
other states in creating a commission governed collectively by
the states that would establish uniform standards for those
products. Language was added on the House floor that would
direct the director of the Division of Insurance to opt out of
the commission if the standards adopted are less consumer
protective than are currently in state law.
9:14:58 AM
LINDA HALL, Director, Division of Insurance, (DOI) said CSHB
439(JUD) am is a model act that was proposed by the National
Association of Insurance Commissioners in response to a number
of perceived needs, including a recognition that the population
is becoming increasingly mobile and that insurance products are
not state specific. Life insurance and annuities are products
that people keep for a long time and are not like an automobile
policy, which is state specific.
There is a move by certain portions of the insurance industry
toward federal regulation but Ms. Hall stated that she is a
strong supporter of state regulation. She said consumer
protections are best done on a state-by-state basis where there
is better access to the regulator.
The other particular need is "speed to market of products," she
said. The basic structure of this particular compact is that it
would delegate to a commission the authority to develop uniform
standards for products.
9:16:55 AM
Insurance companies could choose to file either in the state or
file with the commission. Each state member would have a single
vote and it would take a two-thirds majority of the commission
to adopt the product standard. There are two ways to opt out of
individual standards. Either the regulator could decide the
standard is not appropriate or the Legislature could opt out of
any standard they feel does not meet the needs of consumers. She
said she believes the standards adopted by the commission would
provide greater consumer protection.
CHAIR SEEKINS asked Mr. George whether he was in favor of the
bill.
JOHN GEORGE, American Council of Life Insurers, expressed
support of the bill.
CHAIR SEEKINS closed public testimony.
SENATOR CHARLIE HUGGINS moved CSHB 439(L&C) am from committee
with individual recommendations and attached fiscal notes.
Hearing no objections, the motion carried.
SB 307-LANDLORD REMEDIES; LATE FEE
9:21:00 AM
CHAIR RALPH SEEKINS announced SB 307 to be up for consideration.
SENATOR CHARLIE HUGGINS moved version G as the working document
before the committee. Hearing no objections, the motion carried.
JANE ALBERTS, Staff to Senator Con Bunde, introduced the bill
and said Senator Bunde has offered the bill by request of
landlords who deal with large numbers of tenants. Landlords feel
that a court ruling in 2002 changed how they collect rent and
late fees and they are concerned over the issue.
The bill would allow landlords to send out one notice to warn
tenants of the rent and the accompanying late fees. The
committee substitute (CS) addresses a concern heard last week in
the Senate Judiciary Standing Committee and Ed Sniffen would
discuss that concern.
9:23:21 AM
ED SNIFFEN, Assistant Attorney General, Department of Law (DOL),
said he reviewed the CS and in order to address Senator French's
concern that landlords would be allowed to "shoehorn other fees
into a streamlined process." He said the best option to solve
that would require a total re-write of the Landlord-Tenant Act.
The CS puts a ten percent cap on the amount that a landlord
could charge for a late fee.
9:25:32 AM
SENATOR GRETCHEN GUESS asked Mr. Sniffen whether it was still
the situation that somebody could get evicted solely on the
basis of not paying the late fee.
MR. SNIFFEN indicated that was true.
SENATOR GUESS asked whether the statutes addressed the point of
when rent is late.
MR. SNIFFEN replied that is normally stated in the rental
contract.
9:27:15 AM
SENATOR HOLLIS FRENCH asked Mr. Sniffen whether there were rules
and regulations in respect to late fees in other transactions,
such as car loans.
MR. SNIFFEN reported that in the mortgage-lending arena there
are federal regulations that control the lending process.
Federal statute and other usury laws impose some limitations. He
said when a person fails to pay the mortgage there is a process
that takes up to 60 days before that person would lose the house
but the eviction remedy is more serious and treated differently
in statute.
9:29:37 AM
CHAIR SEEKINS held SB 307 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 9:29:54 AM.
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