05/06/2006 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB347 | |
| HB482 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 347 | TELECONFERENCED | |
| + | HB 482 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 6, 2006
9:17 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 were present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 347(JUD) am
"An Act relating to mandatory motor vehicle insurance, license
suspensions, mandatory impoundments of vehicles used in certain
offenses, notices relating to motor vehicles, and notices
relating to driver's licenses."
MOVED SCS CSHB 347(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 482(JUD)
"An Act relating to harassment, intimidation, and bullying in
schools."
MOVED SCS CSHB 482(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 347
SHORT TITLE: MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES
SPONSOR(s): REPRESENTATIVE(s) GARA, LYNN
01/09/06 (H) PREFILE RELEASED 1/6/06
01/09/06 (H) READ THE FIRST TIME - REFERRALS
01/09/06 (H) STA, JUD
01/31/06 (H) STA AT 8:00 AM CAPITOL 106
01/31/06 (H) Heard & Held
01/31/06 (H) MINUTE(STA)
02/14/06 (H) STA AT 8:00 AM CAPITOL 106
02/14/06 (H) Heard & Held
02/14/06 (H) MINUTE(STA)
02/16/06 (H) STA AT 8:00 AM CAPITOL 106
02/16/06 (H) Moved CSHB 347(STA) Out of Committee
02/16/06 (H) MINUTE(STA)
02/17/06 (H) STA RPT CS(STA) NT 3DP 3NR
02/17/06 (H) DP: GARDNER, GATTO, SEATON;
02/17/06 (H) NR: GRUENBERG, ELKINS, RAMRAS
03/31/06 (H) JUD AT 1:00 PM CAPITOL 120
03/31/06 (H) Heard & Held
03/31/06 (H) MINUTE(JUD)
04/07/06 (H) JUD AT 1:00 PM CAPITOL 120
04/07/06 (H) Moved CSHB 347(JUD) Out of Committee
04/07/06 (H) MINUTE(JUD)
04/10/06 (H) JUD RPT CS(JUD) NT 5DP 1AM
04/10/06 (H) DP: GARA, WILSON, KOTT, GRUENBERG,
MCGUIRE;
04/10/06 (H) AM: ANDERSON
04/21/06 (H) BEFORE THE HOUSE
04/21/06 (H) TRANSMITTED TO (S)
04/21/06 (H) VERSION: CSHB 347(JUD) AM
04/22/06 (S) READ THE FIRST TIME - REFERRALS
04/22/06 (S) STA, JUD
04/27/06 (S) STA AT 3:30 PM BELTZ 211
04/27/06 (S) -- Meeting Canceled --
05/02/06 (S) STA AT 3:30 PM BUTROVICH 205
05/02/06 (S) Scheduled But Not Heard
05/03/06 (S) STA AT 3:30 PM BELTZ 211
05/03/06 (S) SUPPORTING VETERANS HOME OWNERSHIP ACT
05/04/06 (S) STA RPT 2NR 3DP
05/04/06 (S) NR: THERRIAULT, HUGGINS
05/04/06 (S) DP: ELTON, WAGONER, DAVIS
05/06/06 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HB 482
SHORT TITLE: SCHOOL:BULLYING/HARASSMENT/INTIMIDATION
SPONSOR(s): REPRESENTATIVE(s) ANDERSON
02/13/06 (H) READ THE FIRST TIME - REFERRALS
02/13/06 (H) EDU, HES, JUD
03/16/06 (H) EDU AT 11:00 AM CAPITOL 106
03/16/06 (H) Moved CSHB 482(EDU) Out of Committee
03/16/06 (H) MINUTE(EDU)
03/20/06 (H) EDU RPT CS(EDU) 1DNP 3NR 1AM
03/20/06 (H) DNP: LYNN;
03/20/06 (H) NR: GARA, THOMAS, NEUMAN;
03/20/06 (H) AM: GATTO
04/03/06 (H) FIN REFERRAL ADDED AFTER JUD
04/04/06 (H) HES AT 3:00 PM CAPITOL 106
04/04/06 (H) <Bill Hearing Postponed to 04/06/06>
04/06/06 (H) HES AT 3:00 PM CAPITOL 106
04/06/06 (H) -- Rescheduled from 04/04/06 --
04/10/06 (H) JUD AT 1:00 PM CAPITOL 120
04/10/06 (H) <Bill Hearing Postponed to 04/12/06>
04/11/06 (H) HES AT 3:00 PM CAPITOL 106
04/11/06 (H) Moved CSHB 482(HES) Out of Committee
04/11/06 (H) MINUTE(HES)
04/12/06 (H) HES RPT CS(HES) 4DP 1DNP 1AM
04/12/06 (H) DP: CISSNA, GARDNER, ANDERSON, SEATON;
04/12/06 (H) DNP: GATTO;
04/12/06 (H) AM: WILSON
04/12/06 (H) JUD AT 1:00 PM CAPITOL 120
04/12/06 (H) Moved CSHB 482(JUD) Out of Committee
04/12/06 (H) MINUTE(JUD)
04/14/06 (H) JUD RPT CS(JUD) 5DP 1NR
04/14/06 (H) DP: GARA, KOTT, WILSON, ANDERSON,
MCGUIRE;
04/14/06 (H) NR: COGHILL
04/21/06 (H) FIN REFERRAL WAIVED
04/24/06 (H) TRANSMITTED TO (S)
04/24/06 (H) VERSION: CSHB 482(JUD)
04/24/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/24/06 (H) <Bill Hearing Canceled>
04/25/06 (S) READ THE FIRST TIME - REFERRALS
04/25/06 (S) HES, JUD
05/01/06 (S) HES AT 1:30 PM BUTROVICH 205
05/01/06 (S) Scheduled But Not Heard
05/05/06 (S) HES RPT 3NR 1DP
05/05/06 (S) NR: DYSON, WILKEN, OLSON
05/05/06 (S) DP: ELTON
05/05/06 (S) HES AT 1:30 PM BUTROVICH 205
05/05/06 (S) Moved CSHB 482(JUD) Out of Committee
05/05/06 (S) MINUTE(HES)
05/06/06 (S) JUD AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
Representative Les Gara
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 347
Duane Bannock, Director
Division of Motor Vehicles
Department of Administration
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Commented on HB 347
Representative Tom Anderson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 48
Crystal Novatney, Legislative Aide
Staff to Representative Anderson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 482
Tom Harvey, Executive Director
NEA Alaska
114 Second St.
Juneau, AK 99801
POSITION STATEMENT: Testified in support of HB 482
Judy Komorowski
Tok, Alaska
POSITION STATEMENT: Testified in support of HB 482
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 9:17:58 AM. Present were Senators
Hollis French, Gretchen Guess, Charlie Huggins, and Chair Ralph
Seekins.
HB 347-MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES
9:18:12 AM
CHAIR RALPH SEEKINS announced CSHB 347(JUD) am to be up for
consideration.
REPRESENTATIVE LES GARA, bill sponsor, introduced the HB 347.
The bill would close a loophole that has caused a number of
drivers to be charged criminally for driving without auto
insurance when, in fact, they had insurance.
The problem lies with the process of vehicle accident paperwork
with the Department of Motor Vehicles (DMV). Drivers involved in
an accident are required to fill out paperwork and prove that
they carry insurance. If they fail to do so, the DMV is required
to send a reminder notice to the address in their database even
if there is a more current address on the police report. To
solve the problem, HB 347 provides that the DMV should send the
required information to the driver's last known address.
9:22:03 AM
The bill would increase the penalty for uninsured motorists. The
bill would also allow for the impoundment of vehicles that are
used under the offenses of driving while suspended and driving
under the influence of intoxicants. The decision whether to
impound the vehicle would be left up to local law enforcement.
9:23:11 AM
Senator Gene Therriault joined the committee.
DUANE BANNOCK, Director, DMV, testified that the DMV loves the
bill. He directed his comments to Section 4 and gave a
hypothetical example of a person involved in an automobile
accident. The law requires that for every accident that incurs
over $500 worth of damage that the DMV must be notified in
writing of the name of the insurance company. For various
reasons many people do not do that. Sometimes the person is
whisked away to the hospital and sometimes people think that the
police paperwork fulfilled that requirement.
At any rate, after the DMV receives the police report, they look
for the yellow notification form and if they don't find it, they
send the notification letter. By law, the DMV is required to
send the notice to the address in their records even if they
know the address in their database is incorrect and even if the
address on the police report is updated and known to be
accurate. As a result, the customer never gets the notification
and has their license suspended without knowing it.
9:29:36 AM
CHAIR SEEKINS asked Mr. Bannock whether the police are required
to have the person fill out the yellow form while they are
performing the accident investigation.
MR. BANNOCK said yes but for some reason they often don't
fulfill that requirement. He suggested that a representative
from the Department of Public Safety respond to the question.
CHAIR SEEKINS referred to Section 4(f) and asked how the DMV
would decide where to send the notification.
MR. BANNOCK replied the DMV would send the notice to the most
recent date of address.
9:32:18 AM
CHAIR SEEKINS expressed concern with Section 5 because sometimes
vehicles get impounded when someone other than the owner was
driving. Often times the owner has to pay a storage fee of up to
$200 a day. The same thing happens in the position of a lien
holder. The way Section 5 is written, it would establish a
secondary lien on the vehicle and would establish that the lien
holder could only get their vehicle back if they pay the accrued
cost of towing and storage of the vehicle.
9:34:58 AM
CHAIR SEEKINS added he has seen the situation happen many times
where people lose their vehicles because they don't know where
they are. He recounted an anecdotal story and said he had a
problem with an "uncontrolled ability" to accrue storage costs
and create a lien that would give de facto possession of the
vehicle to someone other than the real owner.
9:37:40 AM
SENATOR FRENCH informed the committee that he had an amendment
to address that concern.
9:38:00 AM at ease 9:40:21 AM
SENATOR FRENCH moved Amendment 1.
24-LS1372\YA.1
Luckhaupt
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 347(JUD) am
Page 1, lines 1 - 2:
Delete "mandatory impoundments of vehicles used in certain
offenses,"
Page 2, lines 12 - 20:
Delete all material.
Hearing no objections, Amendment 1 was adopted.
SENATOR GUESS moved SCS CSHB 347(JUD) out of committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
HB 482-SCHOOL:BULLYING/HARASSMENT/INTIMIDATION
9:46:08 AM
CHAIR RALPH SEEKINS announced CSHB 482(JUD) to be up for
consideration.
REPRESENTATIVE TOM ANDERSON, bill sponsor, introduced the bill
and advised the committee that a member of his staff would
explain the details.
CRYSTAL NOVATNEY, Staff to Representative Anderson, explained
that HB 482 addresses the growing problem of "bullying" in the
schools. Bullying has a negative effect on the social
environment and on the emotional and mental well being of
children. Recent studies suggest that bullying creates a climate
of fear among students, inhibits their ability to learn, and
leads to other anti-social behavior.
The bill would require school districts, city and borough
offices of education, law enforcement agencies, and youth-
serving agencies to develop and implement interagency strategies
on bullying and harassment. Currently 21 states have similar
laws and another 24 states are in the process of adopting
similar legislation.
9:49:32 AM
SENATOR GRETCHEN GUESS referred to page 3, line 2 and asked
whether the bill would open up the ability for a volunteer or
student to be sued.
MS. NOVATNEY advised that was not the intent and that the
language mirrored statutes from other states.
REPRESENTATIVE ANDERSON listed the states that have similar
legislation.
CHAIR SEEKINS said he would be interested in knowing if the
other states require an affirmative duty to report if the school
employee, volunteer or student saw evidence of bullying.
9:53:03 AM
SENATOR HOLLIS FRENCH noted a person could construct a set of
facts under which the failure to report was so egregious that it
would rise to a level of action. People should be held
responsible for what happens at school, he said. The problem
with granting immunity to everyone at school is that there are
cases where a person is aware of the bullying but doesn't report
it.
CHAIR SEEKINS commented that the bill has no requirement for the
person to report it. It is encouraged but not required.
9:55:10 AM
REPRESENTATIVE ANDERSON said he would be willing to incorporate
changes to strengthen the bill.
9:56:27 AM at ease 10:18:52 AM.
CHAIR SEEKINS asked for amendments.
SENATOR CHARLIE HUGGINS moved Amendment 1. Page 2, line 26,
delete "is encouraged to" and insert "shall." Hearing no
objections, the motion carried.
10:19:49 AM
SENATOR HUGGINS moved Amendment 2. Page 3, line 2 delete the
word "promptly." Line 4 delete "an appropriate" and insert "a",
delete "and in compliance with the procedures in the district's
policy prohibiting harassment, intimidation, or bullying."
Hearing no objections, the motion carried.
SENATOR HUGGINS moved Amendment 3. Page 3, line 11 following the
word "act," delete the words "including an act directed at a
student because of that person's race, age, sex, color, creed,
sexual orientation, physical or mental disability, ancestry, or
national origin or other distinguishing characteristics."
Hearing no objections, the motion carried.
10:21:59 AM
SENATOR FRENCH asked whether that would include the nurse and
the janitor.
SENATOR HUGGINS said yes.
SENATOR GENE THERRIAULT agreed and said the janitor is a paid
professional in the school and should be held responsible to
report bullying.
10:23:29 AM
CHAIR SEEKINS would now read "school official."
SENATOR HUGGINS moved Amendment 4. Add a new paragraph (3) to
read; "school official" means all employees at such a school
including all teachers, administrators, and non-certified
personnel such as para-professionals and other support staff.
Hearing no objections, Amendment 4 was adopted.
10:24:26 AM
TOM HARVEY, Executive Director, NEA Alaska testified in support
of the bill.
JUDY KOMOROWSKI, Tok, testified in support of the bill. She
related a personal story of harassment that occurred to her son
and told of her struggles with the school board in addressing
the situation.
10:35:17 AM
CHAIR SEEKINS closed public testimony.
SENATOR GUESS moved SCS CSHB 482(JUD) from committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 10:36:23 AM.
| Document Name | Date/Time | Subjects |
|---|