02/22/2006 02:30 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB410 | |
| HB486 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 20 | TELECONFERENCED | |
| *+ | HB 410 | TELECONFERENCED | |
| *+ | HB 486 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 22, 2006
2:50 p.m.
MEMBERS PRESENT
Representative Lesil McGuire, Chair
Representative Tom Anderson
Representative John Coghill
Representative Max Gruenberg
MEMBERS ABSENT
Representative Pete Kott
Representative Peggy Wilson
Representative Les Gara
COMMITTEE CALENDAR
HOUSE BILL NO. 410
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- MOVED CSHB 410(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 486
"An Act relating to the disqualification of judicial officers
and jurors; relating to the rule of necessity; and amending
Rules 42(c) and 47, Alaska Rules of Civil Procedure."
- HEARD AND HELD
CS FOR SENATE BILL NO. 20(JUD)
"An Act relating to offenses against unborn children."
- BILL HEARING POSTPONED TO 2/23/06
PREVIOUS COMMITTEE ACTION
BILL: HB 410
SHORT TITLE: REVISOR'S BILL
SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE COUNCIL
01/30/06 (H) READ THE FIRST TIME - REFERRALS
01/30/06 (H) JUD
02/22/06 (H) JUD AT 2:30 PM CAPITOL 120
BILL: HB 486
SHORT TITLE: DISQUALIFYING JUDGES/JURORS FROM CASES
SPONSOR(S): JUDICIARY
02/17/06 (H) READ THE FIRST TIME - REFERRALS
02/17/06 (H) JUD, FIN
02/22/06 (H) JUD AT 2:30 PM CAPITOL 120
WITNESS REGISTER
PAM FINLEY, Revisor of Statutes
Legislative Legal and Research Division
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Presented HB 410.
DOUG WOOLIVER, Administrative Attorney
Administrative Staff
Office of the Administrative Director
Alaska Court System (ACS)
Anchorage, Alaska
POSITION STATEMENT: Expressed concerns with HB 486.
ACTION NARRATIVE
CHAIR LESIL McGUIRE called the House Judiciary Standing
Committee meeting to order at 2:50:32 PM. Representatives
McGuire, Anderson, Gruenberg, and Coghill were present at the
call to order.
HB 410 - REVISOR'S BILL
2:51:06 PM
CHAIR McGUIRE announced that the first order of business would
be HOUSE BILL NO. 410, "An Act making corrective amendments to
the Alaska Statutes as recommended by the revisor of statutes;
and providing for an effective date."
2:51:32 PM
PAM FINLEY, Revisor of Statutes, Legislative Legal and Research
Division, Legislative Affairs Agency, relayed that HB 410 is
essentially cleanup legislation. She explained that her
standard is to include no policy changes, and therefore the
legislation simply corrects drafting errors or oversights and
those [cites] that have become obsolete. The process is such
that a draft is sent to the Department of Law to review and then
to Legislative Council after which it moves through the
legislative process as any other piece of legislation. Ms.
Finley pointed out that the committee packet should include a
sectional analysis as well as five proposed amendments. She
withdrew the amendment labeled [24-LS1333\A.2, Finley, 2/14/06].
2:53:12 PM
REPRESENTATIVE GRUENBERG referred to Section 12 of HB 410, and
requested explanation.
MS. FINLEY explained that Title 15 refers to the Division of
Elections, although it never creates nor defines it in statute.
Therefore, Section 12 of HB 410 would create the division and
Section 14 adds a definition of "division" as used in the Alaska
Election Code.
REPRESENTATIVE GRUENBERG commented that although he doesn't have
a problem with the aforementioned, he related his preference for
the Division of Elections to be an independent body rather than
under the Office of the Lieutenant Governor's Office. He also
noted that this legislation creates the Division of Workers'
Compensation. Since the creation of divisions is occurring in
the revisor's legislation and being considered technical, he
suggested that there should be a written statement relating that
due to the unusual nature of these divisions, they are being
created in the revisor's legislation. He said he didn't want
this to create a precedent. Therefore, he requested that Ms.
Finley pen a letter of intent to the aforementioned effect to
accompany HB 410.
2:55:59 PM
MS. FINLEY agreed to do so. She explained that the reason the
divisions are being created in HB 410 is because the statutes
are written as if the divisions already exist.
REPRESENTATIVE GRUENBERG reiterated the need for a letter of
intent so that it's included in the [House] Journal.
MS. FINLEY offered to include the aforementioned intent language
in the sectional analysis because it is placed in the [House]
Journal.
MS. FINLEY, in response to Representative Gruenberg, confirmed
that Section 17 is a technical amendment necessitated by the
fact that the federal government changed the number of its
statute. In regard to Sections 18-19, Ms. Finley clarified that
there never was a director to the Division of Veterans' Affairs.
2:57:42 PM
REPRESENTATIVE GRUENBERG then turned attention to Sections 31-32
and asked whether those are technical changes as well.
MS. FINLEY explained that currently under [AS 39.50.200] people
are included in the definition of "entity," although they aren't
included in the definition of "people" where it's appropriate.
She informed the committee that there is language in the Alaska
Permanent Fund Corporation statutes that specify that AS 39.50
applies to it.
REPRESENTATIVE GRUENBERG specified that his questions speak to
whether the changes are technical and thus in the purview of the
revisor.
2:59:39 PM
MS. FINLEY, in regard to Section 35, reminded the committee that
last session legislation was passed in which the terms
"qualified regional seafood development association" and
"seafood development region" were used "and they just referenced
back." Although it was quite clear in the legislation, the
terms ended up in different parts of statute, she explained.
REPRESENTATIVE GRUENBERG, in regard to Section 36, related his
understanding that the judicial districts, although not exactly
congruent with the senatorial districts, are close enough.
MS. FINLEY concurred.
MS. FINLEY, in response to Representative Gruenberg, confirmed
that the repealers are technical. She pointed out that the last
page of the sectional analysis includes the text of the repealed
provisions.
3:02:05 PM
MS. FINLEY explained that the amendment labeled 24-LS1333\A.1,
Finley, 2/14/06, amends AS 09.65.161, which is an immunity
statute. This immunity statute was tied to health care data
reports under AS 18.05. However, last session legislation from
the administration changed the terminology of "public health
significance" to "public health importance" in AS 18.05 but
failed to do so in AS 09.65. She mentioned that it was
discovered upon review of the regulations.
3:03:02 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1,
labeled 24-LS1333\A.1, Finley, 2/14/06, which read:
Page 2, following line 18:
Insert a new bill section to read:
"* Sec. 5. AS 09.65.161 is amended to read:
Sec. 09.65.161. Immunity for disclosure of
required health care data. A person who reports health
care data required to be reported under AS 18.05 and
regulations adopted under that chapter for conditions
or diseases of public health importance [SIGNIFICANCE]
may not be held liable for the disclosure to the
Department of Health and Social Services or for the
use of the data by the department."
Renumber the following bill sections accordingly.
CHAIR McGUIRE asked whether there were any objections to
Amendment 1. There being none, Amendment 1 was adopted.
3:03:39 PM
MS. FINLEY turned to Amendment 3, labeled 24-LS1333\A.3, Finley,
2/14/06, and explained that it provides a short title to AS
24.60, which is commonly known as the Legislative Ethics Act.
By giving it a statutory statement, it's much easier to place it
in bill titles.
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 3,
labeled 24-LS1333\A.3, Finley, 2/14/06, which read:
Page 6, following line 24:
Insert a new bill section to read:
"* Sec. 17. AS 24.60 is amended by adding a new
section to read:
Sec. 24.60.995. Short title. This chapter may be
cited as the Legislative Ethics Act."
Renumber the following bill sections accordingly.
CHAIR McGUIRE asked whether there were any objections to
Amendment 3. There being none, Amendment 3 was adopted.
3:04:47 PM
MS. FINLEY explained that Amendment 4, labeled 24-LS1333\A.4,
Finley, 2/14/06, adds a short title to [AS 39.52], which is
commonly known as the Alaska Executive Branch Ethics Act.
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 4,
labeled 24-LS1333\A.4, Finley, 2/14/06, which read:
Page 13, following line 4:
Insert a new bill section to read:
"* Sec. 33. AS 39.52 is amended by adding a new
section to read:
Sec. 39.52.965. Short title. This chapter may be
cited as the Alaska Executive Branch Ethics Act."
Renumber the following bill sections accordingly.
CHAIR McGUIRE asked whether there were any objections to
Amendment 4. There being none, Amendment 4 was adopted.
MS. FINLEY moved on to Amendment 5, labeled 24-LS1333\A.5,
Finley, 2/14/06, and reminded the committee that the coastal
policy council was repealed in 2003. However, the Department of
Law recently brought to her attention that there was a remaining
reference. She further explained that the substantive power of
the department is in existing law, and therefore Amendment 5
merely conforms to it.
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 5,
labeled 24-LS1333\A.5, Finley, 2/14/06, which read:
Page 14, following line 28:
Insert a new bill section to read:
"* Sec. 37. AS 46.40.210(1) is amended to read:
(1) "area which merits special attention"
means a delineated geographic area within the coastal
area which is sensitive to change or alteration and
which, because of plans or commitments or because a
claim on the resources within the area delineated
would preclude subsequent use of the resources to a
conflicting or incompatible use, warrants special
management attention, or which, because of its value
to the general public, should be identified for
current or future planning, protection, or
acquisition; these areas, subject to the department's
[COUNCIL] definition of criteria for their
identification, include:
(A) areas of unique, scarce, fragile or
vulnerable natural habitat, cultural value, historical
significance, or scenic importance;
(B) areas of high natural productivity or
essential habitat for living resources;
(C) areas of substantial recreational value
or opportunity;
(D) areas where development of facilities
is dependent upon the utilization of, or access to,
coastal water;
(E) areas of unique geologic or topographic
significance which are susceptible to industrial or
commercial development;
(F) areas of significant hazard due to
storms, slides, floods, erosion, or settlement; and
(G) areas needed to protect, maintain, or
replenish coastal land or resources, including coastal
flood plains, aquifer recharge areas, beaches, and
offshore sand deposits; "
Renumber the following bill sections accordingly.
CHAIR McGUIRE asked whether there were any objections to
Amendment 5. There being none, Amendment 5 was adopted.
3:05:48 PM
REPRESENTATIVE GRUENBERG moved to report HB 410, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
410(JUD) was reported from the House Judiciary Standing
Committee.
HB 486 - DISQUALIFYING JUDGES/JURORS FROM CASES
3:06:14 PM
CHAIR McGUIRE announced that the final order of business would
be HOUSE BILL NO. 486, "An Act relating to the disqualification
of judicial officers and jurors; relating to the rule of
necessity; and amending Rules 42(c) and 47, Alaska Rules of
Civil Procedure."
3:06:59 PM
DOUG WOOLIVER, Administrative Attorney, Administrative Staff,
Office of the Administrative Director, Alaska Court System
(ACS), questioned what problem HB 486 seeks to fix. He
expressed concern with regard to how broadly the legislation is
drafted, particularly with regard to the sections amending the
rule that says, "if no other judge is available to act in the
matter". He clarified that he wasn't clear whether that
language refers to the judge's unavailability for a specified
time.
REPRESENTATIVE GRUENBERG interjected that the aforementioned
concern was also brought forth by the drafter, and therefore
will require some attention. Representative Gruenberg then
related that the purpose of HB 486 is to address the problem
raised by State v. Amerada Hess, et al. 1 JU-77-847 Civ.
(Superior Court, First Judicial District). He recalled when it
was determined that one can't be disqualified from sitting in a
case merely because one receives a permanent fund dividend.
MR. WOOLIVER stated that there is a court rule to that effect.
REPRESENTATIVE GRUENBERG explained that he wanted to codify the
common law rule of necessity, which states that if no one can
hear a case, no one is disqualified. He said he would work with
Mr. Wooliver on the drafting.
3:09:06 PM
CHAIR McGUIRE recalled that this issue arose after the committee
heard legislation relating to the percent of market value
(POMV).
[HB 486 was held over.]
ADJOURNMENT
3:09:42 PM
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:09 p.m.
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