FALASKA STATE LEGISLATURE  HOUSE JUDICIARY STANDING COMMITTEE  April 16, 2016 10:10 a.m. MEMBERS PRESENT Representative Gabrielle LeDoux, Chair Representative Wes Keller, Vice Chair Representative Bob Lynn Representative Neal Foster Representative Matt Claman Representative Jonathan Kreiss-Tomkins MEMBERS ABSENT  Representative Charisse Millett Representative Kurt Olson (alternate) COMMITTEE CALENDAR  CS FOR SENATE BILL NO. 123(JUD) "An Act relating to the bail forfeiture schedule and the penalty for the use of electronic devices while driving; and providing for an effective date." - MOVED CSSB 123(JUD) OUT OF COMMITTEE CS FOR SENATE BILL NO. 121(JUD) "An Act relating to a security freeze on the consumer credit report of a minor, incapacitated person, or protected person." - MOVED CSSB 121(JUD) OUT OF COMMITTEE SENATE JOINT RESOLUTION NO. 2 Proposing an amendment to the Constitution of the State of Alaska relating to contracting state debt for postsecondary student loans. - MOVED SJR 2 OUT OF COMMITTEE PREVIOUS COMMITTEE ACTION  BILL: SB 123 SHORT TITLE: USE OF ELECTRONIC DEVICES WHILE DRIVING SPONSOR(s): SENATOR(s) MEYER 01/19/16 (S) PREFILE RELEASED 1/8/16 01/19/16 (S) READ THE FIRST TIME - REFERRALS 01/19/16 (S) STA, JUD 02/13/16 (S) STA AT 10:00 AM BUTROVICH 205 02/13/16 (S) Heard & Held 02/13/16 (S) MINUTE (STA) 02/16/16 (S) STA AT 9:00 AM BUTROVICH 205 02/16/16 (S) Moved SB 123 Out of Committee 02/16/16 (S) MINUTE (STA) 02/17/16 (S) STA RPT 3DP 2NR 02/17/16 (S) DP: COGHILL, HUGGINS, MCGUIRE 02/17/16 (S) NR: STOLTZE, WIELECHOWSKI 02/22/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 02/22/16 (S) Heard & Held 02/22/16 (S) MINUTE (JUD) 02/24/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 02/24/16 (S) Moved CSSB 123(JUD) Out of Committee 02/24/16 (S) MINUTE (JUD) 02/26/16 (S) JUD RPT CS 3DP NEW TITLE 02/26/16 (S) DP: MCGUIRE, COGHILL, COSTELLO 03/16/16 (S) TRANSMITTED TO (H) 03/16/16 (S) VERSION: CSSB 123(JUD) 03/18/16 (H) READ THE FIRST TIME - REFERRALS 03/18/16 (H) STA, JUD 04/07/16 (H) STA RPT 6DP 1NR 04/07/16 (H) DP: SPOHNHOLZ, STUTES, TALERICO, VAZQUEZ, KREISS-TOMKINS, LYNN 04/07/16 (H) NR: KELLER 04/07/16 (H) STA AT 8:00 AM CAPITOL 106 04/07/16 (H) Moved CSSB 123(JUD) Out of Committee 04/07/16 (H) MINUTE (STA) 04/13/16 (H) JUD AT 1:00 PM GRUENBERG 120 04/13/16 (H) Heard & Held 04/13/16 (H) MINUTE (JUD) 04/16/16 (H) JUD AT 10:00 AM GRUENBERG 120 BILL: SB 121 SHORT TITLE: SECURITY FREEZE ON CERTAIN CREDIT REPORTS SPONSOR(s): SENATOR(s) MEYER 01/19/16 (S) PREFILE RELEASED 1/8/16 01/19/16 (S) READ THE FIRST TIME - REFERRALS 01/19/16 (S) L&C, JUD 01/26/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg) 01/26/16 (S) Heard & Held 01/26/16 (S) MINUTE (L&C) 01/28/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg) 01/28/16 (S) Moved SB 121 Out of Committee 01/28/16 (S) MINUTE (L&C) 01/29/16 (S) L&C RPT 4DP 01/29/16 (S) DP: COSTELLO, GIESSEL, MEYER, ELLIS 02/08/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 02/08/16 (S) Heard & Held 02/08/16 (S) MINUTE (JUD) 02/17/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 02/17/16 (S) Moved CSSB 121(JUD) Out of Committee 02/17/16 (S) MINUTE (JUD) 02/19/16 (S) JUD RPT CS 3DP NEW TITLE 02/19/16 (S) DP: MCGUIRE, COGHILL, WIELECHOWSKI 03/02/16 (S) TRANSMITTED TO (H) 03/02/16 (S) VERSION: CSSB 121(JUD) 03/04/16 (H) READ THE FIRST TIME - REFERRALS 03/04/16 (H) L&C, JUD 04/08/16 (H) L&C AT 3:15 PM BARNES 124 04/08/16 (H) Moved CSSB 121(JUD) Out of Committee 04/08/16 (H) MINUTE (L&C) 04/09/16 (H) L&C RPT 3DP 3NR 04/09/16 (H) DP: HUGHES, COLVER, OLSON 04/09/16 (H) NR: LEDOUX, TILTON, JOSEPHSON 04/13/16 (H) JUD AT 1:00 PM GRUENBERG 120 04/13/16 (H) Heard & Held 04/13/16 (H) MINUTE (JUD) 04/16/16 (H) JUD AT 10:00 AM GRUENBERG 120 BILL: SJR 2 SHORT TITLE: CONST. AM: G.O. BONDS FOR STUDENT LOANS SPONSOR(s): SENATOR(s) MACKINNON 01/21/15 (S) PREFILE RELEASED 1/9/15 01/21/15 (S) READ THE FIRST TIME - REFERRALS 01/21/15 (S) STA, EDC, FIN 02/10/15 (S) STA AT 9:00 AM BUTROVICH 205 02/10/15 (S) Moved SJR 2 Out of Committee 02/10/15 (S) MINUTE (STA) 02/11/15 (S) STA RPT 3DP 2NR 02/11/15 (S) DP: COGHILL, MCGUIRE, WIELECHOWSKI 02/11/15 (S) NR: STOLTZE, HUGGINS 02/24/15 (S) EDC AT 3:30 PM BUTROVICH 205 02/24/15 (S) Heard & Held 02/24/15 (S) MINUTE (EDC) 03/12/15 (S) EDC AT 3:30 PM BUTROVICH 205 03/12/15 (S) Moved SJR 2 Out of Committee 03/12/15 (S) MINUTE (EDC) 03/13/15 (S) EDC RPT 3DP 1NR 03/13/15 (S) DP: DUNLEAVY, STEVENS, HUGGINS 03/13/15 (S) NR: GARDNER 03/26/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/26/15 (S) Heard & Held 03/26/15 (S) MINUTE (FIN) 04/09/15 (S) FIN AT 1:30 PM SENATE FINANCE 532 04/09/15 (S) Moved SJR 2 Out of Committee 04/09/15 (S) MINUTE (FIN) 04/10/15 (S) FIN RPT 3DP 3NR 04/10/15 (S) DP: MACKINNON, BISHOP, HOFFMAN 04/10/15 (S) NR: KELLY, DUNLEAVY, OLSON 04/13/15 (S) TRANSMITTED TO (H) 04/13/15 (S) VERSION: SJR 2 04/13/15 (H) READ THE FIRST TIME - REFERRALS 04/13/15 (H) EDC, JUD, FIN 03/23/16 (H) EDC AT 8:00 AM CAPITOL 106 03/23/16 (H) Heard & Held 03/23/16 (H) MINUTE (EDC) 03/30/16 (H) EDC RPT 2DP 5NR 03/30/16 (H) DP: TALERICO, SEATON 03/30/16 (H) NR: VAZQUEZ, DRUMMOND, COLVER, SPOHNHOLZ, KELLER 03/30/16 (H) EDC AT 8:00 AM CAPITOL 106 03/30/16 (H) Moved SJR 2 Out of Committee 03/30/16 (H) MINUTE (EDC) 04/13/16 (H) JUD AT 1:00 PM GRUENBERG 120 04/13/16 (H) Heard & Held 04/13/16 (H) MINUTE (JUD) 04/16/16 (H) JUD AT 10:00 AM GRUENBERG 120 WITNESS REGISTER EDRA MORLEDGE, Staff Senator Kevin Meyer Alaska State Legislature Juneau, Alaska POSITION STATEMENT: During the hearing of SB 123, offered testimony. EDRA MORLEDGE, Staff Senator Kevin Meyer Alaska State Legislature Juneau, Alaska POSITION STATEMENT: During the hearing of SB 121, offered testimony and answered questions. KRISTIN PRATT, Staff Senator Anna MacKinnon Alaska State Legislature, Juneau, Alaska POSITION STATEMENT: Presented SJR 2, on behalf of Senator MacKinnon, prime sponsor. ACTION NARRATIVE 10:10:32 AM CHAIR GABRIELLE LEDOUX called the House Judiciary Standing Committee meeting to order at 10:10 a.m. Representatives Lynn, Claman, Kreiss-Tomkins, and LeDoux were present at the call to order. SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING  10:11:21 AM CHAIR LEDOUX announced that the first order of business would be CS FOR SENATE BILL NO. 123(JUD), "An Act relating to the bail forfeiture schedule and the penalty for the use of electronic devices while driving; and providing for an effective date." 10:11:29 AM EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State Legislature, explained that SB 123 reduces the penalty for texting and driving from a class A misdemeanor to a $500 violation. 10:12:08 AM REPRESENTATIVE LYNN moved to report CSSB 123, Version 29- LS1198\E out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 123(JUD) passed out of the House Judiciary Standing Committee. 10:12:45 AM The committee took an at-ease from 10:12 to 10:14 a.m. SB 121-SECURITY FREEZE ON CERTAIN CREDIT REPORTS  10:14:21 AM CHAIR LEDOUX announced that the next order of business would be CS FOR SENATE BILL NO. 121(JUD), "An Act relating to a security freeze on the consumer credit report of a minor, incapacitated person, or protected person." 10:14:29 AM EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State Legislature, explained the bill allows a person to place a security freeze on a credit report, on behalf of a minor, incapacitated person, or protected person. In the event a credit report is not in existence, the credit bureau is required to generate one to place the freeze. 10:15:04 AM REPRESENTATIVE CLAMAN advised that his office recently received a letter from the Consumer Data Industry Association (CDIA) raising questions that had not previously been discussed in the prior committee hearing. He related that this bill has good intentions and asked whether the bill could be held until this afternoon so the members had a chance to look at the concerns raised in the letter. [SB 121 was held over.] SJR 2-CONST. AM: G.O. BONDS FOR STUDENT LOANS  10:17:01 AM CHAIR LEDOUX announced that the next order of business would be SENATE JOINT RESOLUTION NO. 2, Proposing an amendment to the Constitution of the State of Alaska relating to contracting state debt for postsecondary student loans. 10:17:12 AM KRISTIN PRATT, Staff, Senator Anna MacKinnon, explained that SJR 2 is a constitutional amendment permitting the issuance of general obligation bonds for the purpose of funding postsecondary student loans. 10:17:50 AM REPRESENTATIVE LYNN moved to report SJR 2, Version 29-LS0010\W, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, SJR 2 was passed from the House Judiciary Standing Committee. 10:18:34 AM CHAIR LEDOUX advised the House Judiciary Standing Committee meeting was recessed at 10:18 a.m. to a call of the chair. 4:07:40 PM CHAIR LEDOUX called the House Judiciary Standing Committee meeting back to order from the 10:18 a.m. call of the chair, at 4:07 p.m. Representatives Claman, Kreiss-Tomkins, Foster, Keller, and LeDoux were present at the call to order. SB 121-SECURITY FREEZE ON CERTAIN CREDIT REPORTS  4:08:15 PM CHAIR LEDOUX returned the committee to CSSB 121, and asked whether the committee had questions. REPRESENTATIVE CLAMAN referred to the letter he received from Consumer Data Industry Association (CDIA) and its concern that the term "record" is not defined in the bill, and asked her thoughts on that concern. 4:08:57 PM MS. MORLEDGE responded this is the first document the sponsor's office has received noting any concern about the bill since its introduction in January. She said she was unaware there was a concern with that terminology, and the "term record was pretty interchangeable with credit report" as far as establishing a credit file, a credit record, for the purpose of placing a credit freeze. The sponsor is agreeable to the committee adding the definition of record. 4:09:57 PM REPRESENTATIVE CLAMAN offered another option to delete the word "record" and make specific reference to "consumer credit report." 4:10:07 PM MS. MORLEDGE agreed. REPRESENTATIVE CLAMAN related that he is not proposing an amendment today, because he does not want to hold up passage of the bill. Possibly, Senator Meyer's office and Representative Claman's office could work together and he could, potentially, propose an amendment on the floor of the House of Representatives. 4:10:37 PM REPRESENTATIVE KELLER moved to report CSSB 121, Version 29- LS1129\E, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 121(JUD) passed from the House Judiciary Standing Committee. 4:10:59 PM ADJOURNMENT  There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 4:10 p.m.