SENATE JUDICIARY COMMITTEE May 11, 1995 4:26 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Lyda Green, Vice-Chairman Senator Mike Miller Senator Al Adams MEMBERS ABSENT Senator Johnny Ellis COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 48(JUD) "An Act relating to motorcycle helmets." CS FOR HOUSE BILL NO. 292(JUD) "An Act relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters." PREVIOUS SENATE COMMITTEE ACTION HB 48 - See Transportation minutes dated 5/2/95. HB 292 - See Judiciary minutes dated 5/10/95. WITNESS REGISTER Representative Brice Alaska State Capitol Juneau, Alaska 99811 POSITION STATEMENT: Sponsor of HB 48 Mike Lessmeier State Farm Insurance One Sealaska Plaza #303 Juneau, Alaska 99801 POSITION STATEMENT: Supports HB 48 Representative Scott Ogan Alaska State Capitol Juneau, Alaska 99811-1182 POSITION STATEMENT: Sponsor of HB 292 ACTION NARRATIVE TAPE 95-34, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the meeting to order at 4:26 p.m. The first order of business was HB 48. HB 48 MOTORCYCLE HELMET STANDARDS  REPRESENTATIVE BRICE, sponsor of the measure, clarifies current state policy and brings statutes into conformance with current enforcement policies. MIKE LESSMEIER, representing State Farm Insurance Company, commented State Farm is in favor of mandatory motorcycle helmet laws. A 1992 study, published in the Journal of the American Medical Association, indicates that statewide motorcycle fatalities in California decreased by 37 1/2 percent the year after that state adopted a mandatory motorcycle helmet law. SENATOR TAYLOR noted mandating motorcyclists to wear helmets would require a separate bill as the title of HB 48 is too narrow. SENATOR ADAMS moved CSHB 48(JUD) out of committee with individual recommendations. There being no objection, the motion carried. HB 292 FISH & GAME ENFORCEMENT  REPRESENTATIVE SCOTT OGAN, sponsor of HB 292, discussed the measure. HB 292 classifies knowingly making false statements and omissions on hunting and fishing licenses, tags and permits as class A misdemeanors. The making of false statements on the applications is a widespread problem, that is costing the state a lot of money. The Department of Public Safety supports HB 292. SENATOR TAYLOR stated the exceptions provided for in Section 3 pertain to the affidavit that must be filed by a non-resident hunter going on a guided hunt. If that affidavit is falsified, that person can be charged with perjury, which is a class B felony. If HB 292 is to pass, there will be three different standards. The first applies to applicants who buy licenses without being asked for identification by the agent, and who falsify information. The penalty is $500. If the applicant makes an unsworn falsification, the penalty is a class A misdemeanor. If the applicant is on a guided hunt, and falsifies information, the penalty is a class B felony. REPRESENTATIVE OGAN commented he purchased a king salmon stamp at a vendor last week. The vendor asked whether he was a resident, but did not care to see his license, after he asked. The vendor stated she did not care whether he was a resident or not. That experience affirmed his belief in the need for this legislation. Number 139 SENATOR TAYLOR explained, for the record, the Senate Judiciary committee substitute deletes the first provision of the bill, with the cooperation of the sponsor. The deleted section placed no requirement on law enforcement officers to provide anything in writing to properties searched without a warrant. He felt it was important to retain the notification of the intent to search provision because a written statement has to be made by the searching officer so that the citizen knows why his/her property is being searched. Because most of the searches would take place in remote and isolated areas, it would not be too much of a burden for the officer to provide a written statement justifying the search. The search of premises and the privacy rights of citizens are too important to jeopardize. SENATOR TAYLOR announced a quorum was present. (Senator Adams had left, and Senator Miller arrived.) SENATOR GREEN moved to adopt the Senate Judiciary committee substitute for HB 292 (Utermohle, 5/10/95). There being no objection, the motion carried. SENATOR TAYLOR announced there was an accompanying Senate Concurrent Resolution to address the title change. SENATOR GREEN moved the adoption of the Senate Concurrent Resolution (Utermohle A). There being no objection, the motion carried. SENATOR GREEN moved SCS CSHB 292 (JUD) and the SCR out of committee with individual recommendations. There being no objection, the motion carried. SENATOR TAYLOR adjourned the meeting at 4:40 p.m.