ALASKA STATE LEGISLATURE  HOUSE JUDICIARY STANDING COMMITTEE  March 31, 2008 1:32 p.m. MEMBERS PRESENT Representative Jay Ramras, Chair Representative Nancy Dahlstrom, Vice Chair Representative John Coghill Representative Ralph Samuels Representative Max Gruenberg Representative Lindsey Holmes MEMBERS ABSENT  Representative Bob Lynn COMMITTEE CALENDAR  CS FOR SENATE BILL NO. 101(2d L&C) "An Act relating to private professional conservators, private and public guardians, and court hearings on the issue of incapacity; and establishing uniform adult guardianship and conservator jurisdiction and procedures." - MOVED HCS CSSB 101(JUD) OUT OF COMMITTEE HOUSE BILL NO. 323 "An Act relating to the crimes of assault in the fourth degree and of resisting or interfering with arrest; relating to the determination of time of a conviction; relating to offenses concerning controlled substances; relating to issuance of search warrants; relating to persons found incompetent to stand trial concerning criminal conduct; relating to probation and to restitution for fish and game violations; relating to aggravating factors at sentencing; relating to criminal extradition authority of the governor; removing the statutory bar to prosecution of certain crimes; amending Rule 37(b), Alaska Rules of Criminal Procedure, relating to execution of warrants; and providing for an effective date." - BILL HEARING CANCELED PREVIOUS COMMITTEE ACTION  BILL: SB 101 SHORT TITLE: GUARDIANSHIP/CONSERVATORS/INCAPACITY SPONSOR(S): LABOR & COMMERCE 02/28/07 (S) READ THE FIRST TIME - REFERRALS 02/28/07 (S) L&C, STA, FIN 03/08/07 (S) L&C AT 1:30 PM BELTZ 211 03/08/07 (S) Heard & Held 03/08/07 (S) MINUTE(L&C) 03/13/07 (S) L&C AT 1:30 PM BELTZ 211 03/13/07 (S) Moved CSSB 101(L&C) Out of Committee 03/13/07 (S) MINUTE(L&C) 03/14/07 (S) L&C RPT CS 3DP 1NR SAME TITLE 03/14/07 (S) DP: ELLIS, BUNDE, DAVIS 03/14/07 (S) NR: STEVENS 03/27/07 (S) STA AT 9:00 AM BELTZ 211 03/27/07 (S) Heard & Held 03/27/07 (S) MINUTE(STA) 03/29/07 (S) STA AT 9:00 AM BELTZ 211 03/29/07 (S) Moved CSSB 101(STA) Out of Committee 03/29/07 (S) MINUTE(STA) 03/30/07 (S) STA RPT CS 3DP 2NR SAME TITLE 03/30/07 (S) DP: MCGUIRE, GREEN, BUNDE 03/30/07 (S) NR: FRENCH, STEVENS 01/15/08 (S) RETURNED TO L&C COMMITTEE 01/24/08 (S) L&C AT 3:00 PM BELTZ 211 01/24/08 (S) -- Rescheduled to 01/25/08 -- 01/25/08 (S) L&C AT 3:00 PM BELTZ 211 01/25/08 (S) Moved CSSB 101(L&C) Out of Committee 01/25/08 (S) MINUTE(L&C) 01/28/08 (S) L&C RPT CS(2D) 4DP NEW TITLE 01/28/08 (S) DP: ELLIS, BUNDE, DAVIS, HOFFMAN 02/06/08 (S) FIN AT 9:00 AM SENATE FINANCE 532 02/06/08 (S) Heard & Held 02/06/08 (S) MINUTE(FIN) 02/19/08 (S) FIN RPT CS(2D L&C) 4DP 3NR 02/19/08 (S) DP: ELTON, THOMAS, DYSON, HUGGINS 02/19/08 (S) NR: HOFFMAN, STEDMAN, OLSON 02/19/08 (S) FIN AT 9:00 AM SENATE FINANCE 532 02/19/08 (S) Moved CSSB 101(2d L&C)) Out of Committee 02/19/08 (S) MINUTE(FIN) 02/25/08 (S) TRANSMITTED TO (H) 02/25/08 (S) VERSION: CSSB 101(2D L&C) 02/27/08 (H) READ THE FIRST TIME - REFERRALS 02/27/08 (H) L&C, JUD 03/12/08 (H) L&C AT 3:00 PM CAPITOL 17 03/12/08 (H) -- MEETING CANCELED -- 03/14/08 (H) L&C AT 3:00 PM CAPITOL 17 03/14/08 (H) Moved Out of Committee 03/14/08 (H) MINUTE(L&C) 03/17/08 (H) L&C RPT 5DP 1NR 03/17/08 (H) DP: GARDNER, BUCH, RAMRAS, GATTO, OLSON 03/17/08 (H) NR: NEUMAN 03/27/08 (H) JUD AT 1:00 PM CAPITOL 120 03/27/08 (H) Heard & Held 03/27/08 (H) MINUTE(JUD) 03/31/08 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER No witnesses to record ACTION NARRATIVE CHAIR JAY RAMRAS called the House Judiciary Standing Committee meeting to order at 1:32:42 PM. Representatives Holmes, Gruenberg, Coghill, and Ramras were present at the call to order. Representatives Dahlstrom and Samuels arrived as the meeting was in progress. SB 101 - GUARDIANSHIP/CONSERVATORS/INCAPACITY 1:32:51 PM CHAIR RAMRAS announced that the only order of business would be CS FOR SENATE BILL NO. 101(2d L&C), "An Act relating to private professional conservators, private and public guardians, and court hearings on the issue of incapacity; and establishing uniform adult guardianship and conservator jurisdiction and procedures." [Before the committee was the proposed House committee substitute (HCS) for SB 101, Version 25-LS0559\T, Bullard, 3/24/08, which was adopted as the work draft on 3/27/08.] CHAIR RAMRAS closed public testimony on SB 101. REPRESENTATIVE GRUENBERG relayed that in a meeting between himself, Deborah Behr, and Ernest Schlereth, they'd reached a compromise that would address Mr. Schlereth's concerns as expressed during the hearing on 3/27/08, and that Amendment 1 reflects that compromise. 1:34:23 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1, which read [original punctuation provided]: Page 22, line 17: Insert: "Sec. 13.27.420. Relation to AS 13.26. Nothing in this chapter limits the rights of an incapacitated person available in a guardianship or conservatorship proceeding in this state under AS 13.26." CHAIR RAMRAS objected for the purpose of discussion. REPRESENTATIVE GRUENBERG relayed that Amendment 1 simply provides notice of what would ordinarily be the rule anyway, that being that unless there is a specific provision in the proposed Uniform [Adult Guardianship and Protective Proceedings Jurisdiction] Act, nothing in [proposed AS 13.27] is intended to limit the rights of an incapacitated person available in a guardianship or conservatorship [proceeding in this state] under AS 13.26. CHAIR RAMRAS removed his objection, and announced that Amendment 1 was adopted. 1:36:11 PM REPRESENTATIVE DAHLSTROM moved to report the proposed House committee substitute (HCS) for SB 101, Version 25-LS0559\T, Bullard, 3/24/08, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 101(JUD) was reported from the House Judiciary Standing Committee. ADJOURNMENT  There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 1:36 p.m.