Legislature(2001 - 2002)

04/23/2002 08:38 AM RLS

Audio Topic
* first hearing in first committee of referral
+ 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.                                                                                              
                                                                                                                                
                                                                                                                                

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