Legislature(2001 - 2002)
04/23/2002 08:38 AM Senate RLS
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
April 23, 2002
MEMBERS PRESENT
Senator Randy Phillips, Chair
Senator John Cowdery, Vice Chair
Senator Johnny Ellis
Senator Gene Therriault
MEMBERS ABSENT
Senator Rick Halford
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 389(CRA)
"An Act eliminating the delayed repeal of a provision authorizing
an exemption from and deferral of municipal property taxes on
certain types of deteriorated property; and providing for an
effective date."
APPROVED FOR CALENDARING
SENATE BILL NO. 326
"An Act relating to evaluating state assumption of the wastewater
discharge program under the federal Clean Water Act; and
providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 157(JUD) am
"An Act relating to trust companies and providers of fiduciary
services; amending Rules 6 and 12, Alaska Rules of Civil
Procedure, Rule 40, Alaska Rules of Criminal Procedure, Rules
204, 403, 502, 602, and 611, Alaska Rules of Appellate Procedure,
and Rules 7.2 and 7.3, Alaska Rules of Professional Conduct; and
providing for an effective date."
APPROVED FOR CALENDARING
SENATE CONCURRENT RESOLUTION NO. 31
Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of
the Alaska State Legislature, concerning House Bill No. 297,
regarding aggravating factors at sentencing.
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 297(JUD)
"An Act related to aggravating factors at sentencing."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 298(L&C)
"An Act relating to authorizing the Alaska Railroad Corporation
to lease land for a period of up to 55 years."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 355(CRA)
"An Act relating to the taxation of mobile telecommunications
services by municipalities; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 418(L&C)
"An Act amending the Alaska Corporations Code as it relates to
delivery of annual reports, notice of shareholders' meetings,
proxy statements, and other information and items to
shareholders, to voting, and to proxies, including electronic
proxy voting and proxy signing; and providing for an effective
date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 470(L&C)(title am)
"An Act relating to public offering statements required under the
Uniform Common Interest Ownership Act; and providing for an
effective date."
APPROVED FOR CALENDARING
PREVIOUS COMMITTEE ACTION
SB 326 - See Resources minutes dated 3/15/02 and 3/25/02 and
Finance Report dated 4/18/02.
SJR 31 - See State Affairs minutes dated 2/7/02.
HB 157 - See Labor and Commerce minutes dated 1/29/02 and
Judiciary minutes dated 3/27/02
HB 297 - See Judiciary minutes dated 3/25/02.
HB 298 - See Resources minutes dated 3/20/02.
HB 355 - See CRA minutes dated 4/8/02 and Labor and Commerce
minutes dated 4/11/02.
HB 389 - See Labor and Commerce minutes dated 4/2/02.
HB 418 - See Judiciary minutes dated 4/8/02 and Judiciary minutes
dated 4/10/02.
HB 470 - See Labor and Commerce minutes dated 4/2/02.
WITNESS REGISTER
Ms. Lorali Carter
Staff to Representative Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of HB 297
Ms. Janet Seitz
Staff to Representative Rokeberg
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of HB 470
ACTION NARRATIVE
TAPE 02-9, SIDE A
Number 001
CHAIRMAN RANDY PHILLIPS called the Senate Rules Committee meeting
to order at 8:38 a.m. Senator Ellis and Phillips were present.
The committee took up HB 389.
REPRESENTATIVE VIC KOHRING, sponsor of HB 389, offered to answer
questions.
The committee took a brief recess. Upon reconvening, Senators
Therriault, Cowdery, Ellis and Phillips were present.
SENATOR ELLIS moved to calendar CSHB 389(CRA)-MUNI TAX EXEMPTION:
DETERIORATED PROPERTY with its zero fiscal note at the Chairman's
discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR THERRIAULT moved to calendar SB 326-WASTEWATER DISCHARGE
PROGRAM with its attached fiscal note at the Chairman's
discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar CSHB 157(JUD)am-TRUST COMPANIES
& FIDUCIARIES with its attached fiscal note at the Chairman's
discretion.
SENATOR ELLIS commented that CSHB 157(JUD)am contains complicated
subject matter and that he appreciates the great deal of work
that went into it.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar SCR 31-SUSPEND UNIFORM RULE FOR
HB 297 at the Chairman's discretion.
SENATOR ELLIS asked why the title change is necessary.
MS. LORALI CARTER, staff to Representative Kevin Meyer, said the
title was changed at Senator Halford's request so that it could
be used as a vehicle to move some language on juvenile
restitution. She noted that Section 2 of HB 297 is the original
language on aggravator for sexual assault; Sections 1 and 3
through 6 are new.
SENATOR ELLIS asked if Representative Meyer supports the new
language and whether it is non-controversial.
MS. CARTER answered affirmatively.
SENATOR ELLIS asked what it does.
MS. CARTER explained that Section 1 creates a new section under
restitution and declares that if a conviction is set aside, the
restitution will remain enforceable. Sometimes a conviction can
be set aside if part of the sentence has been served. This
section makes sure the restitution will still be paid to the
victim even if the conviction is set aside.
SENATOR THERRIAULT asked if being set aside is different than
being exonerated.
MS. CARTER said that is correct. She then explained that Section
3 relates to delinquency disposition orders. Current law requires
juveniles and parents to submit full financial statements when
restitution is being decided. This amendment will require full
financial statements only in cases where one party requests them,
that being the Department of Law, the court, or the defendant.
Full financial statements, in most cases, are usually unnecessary
if the amount of the restitution is comparable to the permanent
fund dividend. If damage is in the tens of thousands, one of
those parties would likely request full financial disclosure.
SENATOR ELLIS asked if Section 3 was in the bill when it was
heard in the Senate Judiciary Committee.
MS. CARTER said it was.
SENATOR ELLIS asked Senator Therriault if he remembers discussing
it.
SENATOR THERRIAULT said he does not remember. He asked if someone
from the Department of Law was present.
MS. CARTER said no.
CHAIRMAN PHILLIPS asked if it is the will of the committee to
hold SCR 31.
SENATOR THERRIAULT said if it is not scheduled for 24 hours, he
can get his questions answered. He then noted he would like a
description of "set aside" versus "exoneration." He surmised
that the term "set aside" is not in statute.
MS. CARTER said she was not sure but it is the term used by the
Department of Law.
CHAIRMAN PHILLIPS said he would like to move the bill out of
committee and would not schedule it for at least 24 hours.
SENATOR THERRIAULT pointed out that the phrase "suspends
imposition of sentence" is used in Section 1.
SENATOR ELLIS asked how a conviction that is set aside would be
noted on a juvenile record.
CHAIRMAN PHILLIPS suggested sponsors of House bills contact
Senate Rules Committee members ahead of time to respond to
questions so that bills are not delayed.
SENATORS ELLIS and THERRIAULT agreed to move the bill from
committee and get their questions answered before the bill is
scheduled on the Senate floor.
SENATOR THERRIAULT moved to calendar SCR 31 and CSHB 297(JUD)-
AGGRAVATOR FOR SEXUAL OFFENSES with its fiscal notes at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar CSHB 298(L&C)-LEGISLATIVE
APPROVAL OF RAILROAD LEASES with its zero fiscal note at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar HB 355-MOBILE
TELECOMMUNICATIONS TAX with its attached fiscal notes at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar CSHB 418(L&C)-ELECTRONIC PROXY
VOTING & NOTIFICATION with its attached fiscal notes at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
The committee took up CSHB 470(L&C)Title am - COMMON INTEREST
OWNERSHIP:OFFERING STMTS.
SENATOR ELLIS asked for a synopsis of the measure.
MS. JANET SEITZ, staff to Representative Rokeberg, explained that
CSHB 470(L&C)title am makes two changes to the Uniform Common
Interest Ownership Act, sometimes referred to as UCIOA. It allows
a preliminary version of what is called a public offering
statement, which is a lengthy document. Current law says a seller
must give a public offering statement to the buyer who then has
so many days to back out of the transaction. However, buyers of
high-end condominiums are not able to get financing statements
because public offering statements cannot be done until the
project is finished. HB 470 allows the seller to offer a
preliminary offering statement to the buyer, which is
substantially similar to the public offering statement. Right now
the penalty for not providing a public offering statement is 10
percent of the purchase price. HB 470 changes that penalty to a
maximum of 10 percent so that a court can adjust the penalty
depending on how egregious the error was. She pointed out that HB
470 was requested by some builders from Homer and has the support
of the real estate industry and Homebuilders' Association. It
retains the buyer's right to decline to purchase within 15 days
of the time the preliminary offering statement is received.
SENATOR COWDERY moved to calendar CSHB 470(JUD)title am-COMMON
INTEREST OWNERSHIP:OFFERING STMTS with its attached fiscal notes
at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
CHAIRMAN PHILLIPS thanked members for coming in early and
adjourned the meeting at 8:55 a.m.
| Document Name | Date/Time | Subjects |
|---|