SENATE JUDICIARY COMMITTEE May 3, 1994 6:30 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator George Jacko MEMBERS ABSENT Senator Dave Donley Senator Suzanne Little COMMITTEE CALENDAR CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims. CS FOR HOUSE BILL NO. 195(FIN) "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts." CS FOR HOUSE BILL NO. 277(JUD) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment." HOUSE BILL NO. 403 "An Act requiring that automobile liability insurance include coverage for uninsured or underinsured motor vehicles and an offer of policy limits for that coverage equal to coverage voluntarily purchased for bodily injury or death; and providing for an effective date." HOUSE BILL NO. 356 "An Act relating to living wills and do not resuscitate orders; and providing for an effective date." CS FOR HOUSE BILL NO. 417(JUD) am "An Act relating to the possession of weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; and relating to school lockers and other containers provided in a public or private school by the school or the school district." HOUSE BILL NO. 439 "An Act enacting the Uniform Fraudulent Transfer Act." HOUSE BILL NO. 122 "An Act eliminating a requirement that a court consider the findings and recommendations of a neutral mediator when awarding shared child custody." PREVIOUS SENATE COMMITTEE ACTION HJR 43 - See Judiciary minutes dated 11/16/93 and State Affairs minutes dated 3/9/94, 3/21/94, 3/23/94, and 3/28/94. Also see Judiciary minutes dated 4/26/94. HB 195 - See Health, Education & Social Services minutes dated 2/23/94. See Judiciary minutes dated 3/28/94. HB 277 - See State Affairs minutes dated 4/13/94. See Labor & Commerce minutes dated 4/26/94 and 4/28/94. See Judiciary minutes dated 4/30/94. HB 403 - See Labor and Commerce minutes dated 4/12/94 and 4/14/94. HB 356 - No previous action to record. HB 417 - See State Affairs minutes dated 4/27/94. HB 439 - See Labor & Commerce minutes dated 4/12/94. HB 122 - See Health, Education & Social Services minutes dated 1/19/94. WITNESS REGISTER Howard Jaeger Shattuck & Grummett Insurance 301 Seward St. Juneau, AK 99801 POSITION STATEMENT: Testified in support of HB 403 Linda Hall Anchorage, AK Phone No. 561-1250 POSITION STATEMENT: Supports HB 403 Representative Cynthia Toohey State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Present to respond to questions on HB 356 Patti Swenson, Staff to Representative Con Bunde State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offered information on HB 417 Jerry Kertz Anchorage, AK Phone No. 276-6100 POSITION STATEMENT: Supports HB 439 Ms. M. E. Beardsly Anchorage, AK Phone NO. 269-5213 POSITION STATEMENT: Supports HB 439 Chris Christensen, Legal Counsel Alaska Court System 303 K St. Anchorage, AK 99501-2084 POSITION STATEMENT: Offered information on HB 122 ACTION NARRATIVE TAPE 94-45, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 6:30 p.m. The first order of business to come before the committee was CSHJR 43(FIN) (RIGHTS OF CRIME VICTIMS; CRIMINAL ADMIN). SENATOR JACKO moved that SCS CSHJR 43(JUD) be adopted. Hearing no objection, the motion carried. Number 015 SENATOR JACKO moved that SCS CSHJR 43(JUD) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 020 SENATOR TAYLOR brought CSHB 195(FIN) (AUTHORIZING YOUTH COURTS) before the committee as the next order of business. SENATOR JACKO moved that SCS CSHB 195(JUD) be adopted. Hearing no objection, the motion carried. SENATOR JACKO moved that SCS CSHB 195(JUD) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 028 The next order of business was CSHB 277(JUD) (INDEMNIFICATION OF PUBLIC EMPLOYEES). SENATOR JACKO moved that SCS CSHB 277(JUD) be adopted. Hearing no objection, the motion carried. SENATOR JACKO moved that SCS CSHB 277(JUD) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. SENATOR TAYLOR introduced HB 403 (AUTOMOTIVE LIABILITY INSURANCE COVERAGE) as the next order of business. HOWARD JAEGER, representing the Alaska Independent Insurance Agents and Brokers, testifying in support of HB 403, said they have worked hard on the legislation, feel it is a good bill and urge its passage. SENATOR TAYLOR noted that Linda Hall of Anchorage was standing by to testify on the bill over the teleconference network. However, he said the committee was ready to move the bill, and unless there was objection to the legislation, he would entertain such a motion. LINDA HALL of Anchorage stated her support for the legislation and urged its passage from committee. Number 043 SENATOR HALFORD moved that HB 403 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. SENATOR TAYLOR brought HB 356 (LIVING WILLS AND MEDICAL CARE ORDERS) before the committee. REPRESENTATIVE CYNTHIA TOOHEY, Co-Chairman of the House Health, Education and Social Services Committee was present to respond to questions. There being no questions on the legislation, SENATOR TAYLOR asked for a motion to move HB 356. SENATOR HALFORD moved that HB 356 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. The next item on the committee agenda was CSHB 417(JUD) am (POSSESSION OF FIREARMS IN SCHOOL LOCKERS). PATTI SWENSON, staff to Representative Con Bunde, explained the legislation makes guns in school lockers illegal; it expands the definition to make deadly weapons, defensive weapons and guns class A misdemeanors; and it allows school officials to search school lockers with posted notice. SENATOR JACKO moved that CSHB 417(JUD) am be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. SENATOR TAYLOR brought HB 439 (UNIFORM FRAUDULENT TRANSFER ACT) before the committee. He noted Jerry Kertz and Ms. M.E. Beardsly of Anchorage were prepared to testify on the bill over the teleconference network. However, both witnesses said they had nothing to add other than to urge its passage out of committee. SENATOR HALFORD moved and asked unanimous consent that HB 439 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 126 SENATOR TAYLOR brought HB 122 (CHILD CUSTODY PROCEDURES) before the he committee as the final order of business. CHRIS CHRISTENSEN, Legal Counsel, Alaska Court System, explained that AS 25.20.090 provides a laundry list of factors that a judge is supposed to consider when awarding shared custody of child. One of those is the findings and recommendations of a neutral mediator. However, the person drafting that statute confused mediation with arbitration. Mediators are not supposed to make recommendations to a judge, and HB 122 deletes that particular requirement from the statute. Mr. Christensen clarified that there can still be mediation in child custody cases, however, the mediator just won't make a recommendation to the judge. SENATOR HALFORD moved that HB 122 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. There being no further business to come before the committee, the meeting was adjourned at 6:40 p.m.