Legislature(2015 - 2016)CAPITOL 120

03/30/2015 01:00 PM House JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:20 p.m. Today --
+ HB 123 ESTABLISH MARIJUANA CONTROL BOARD TELECONFERENCED
Heard & Held
-- Public Testimony --
+= SB 35 2015 REVISOR'S BILL TELECONFERENCED
Moved SB 35 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   SB 35-2015 REVISOR'S BILL                                                                                
1:24:19 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that the  first order of business would be                                                               
SENATE BILL NO.  35, "An Act making corrective  amendments to the                                                               
Alaska Statutes  as recommended by  the revisor of  statutes; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
1:24:33 PM                                                                                                                    
                                                                                                                                
LISA  KIRSH,   Assistant  Revisor,  Legislative   Legal  Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency, said  SB 35 is  the revisor's bill which,  she explained,                                                               
is  a bill  to  correct any  errors, and  to  improve the  Alaska                                                               
Statutes.  She  further explained that within  the revisor's bill                                                               
no policy changes are made as  it is primarily a "clean-up" bill,                                                               
and  every  year  they  review some  titles,  look  for  obsolete                                                               
provisions, deficiencies, and/or conflicts.   She opined that the                                                               
changes are carefully reviewed and  only include changes that are                                                               
appropriate  in  the revisor's  bill.    Anything that  might  be                                                               
considered  a "close  call" the  revisor does  not include.   The                                                               
Department of Law (DOL) reviewed the  bill, and there is a letter                                                               
within committee  packets, that  it sees  no legal  issues within                                                               
the bill.  This particular  bill makes changes that corrects some                                                               
citations  of  federal  law,  puts court  rules  in  the  correct                                                               
citation form,  makes changes between  singular and  plural where                                                               
it doesn't  agree with  the other language  in the  sentence, and                                                               
the  words "but  not limited  to" are  eliminated when  following                                                               
"including" as  there is a  provision in  Title 1, of  the Alaska                                                               
Statutes that  reads when the  word "including" or  "includes" is                                                               
used in  the statutes it  is presumed  to include the  words "but                                                               
not  limited to."    The  revisor removed  a  few definitions  no                                                               
longer required  because the  provisions they  were used  in have                                                               
been  repealed, and  the rest  is grammatical  changes and  other                                                               
basic clean up.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  from the  bill history  that the                                                               
bill  went through  the Senate  Judiciary Standing  Committee and                                                               
members    Senator   Costello    and   Wielechowski    were   "no                                                               
recommendations".   He  asked if  either  Senators expressed  any                                                               
concerns they had about any sections in the bill.                                                                               
                                                                                                                                
1:27:25 PM                                                                                                                    
                                                                                                                                
MS. KIRCH  responded that she is  not aware of the  reason behind                                                               
those votes.                                                                                                                    
                                                                                                                                
MS.  KIRCH  replied  to Representative  Gruenberg  that  she  was                                                               
present  during the  hearing and  did  not hear  anything on  the                                                               
record expressed by the Senators.                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG asked whether  anyone else expressed any                                                               
concerns or reservations.                                                                                                       
                                                                                                                                
MS. KIRSH  answered that  she did receive  a couple  of questions                                                               
relating to a  provision in Title 10,  dealing with corporations,                                                               
wherein  the   language  is  confusing  because   she  removed  a                                                               
provision  that  is permissive  from  the  mandatory section  and                                                               
moved  it to  the permissive  section, consequently,  there is  a                                                               
large  block of  eliminated language  within that  language which                                                               
reappears  in  the following  section,  or  inverted.   She  also                                                               
received a  question regarding why the  definitions were deleted,                                                               
which she reiterated was that  they were no longer needed because                                                               
the  provisions they  were used  in were  repealed.   She offered                                                               
that those are the only questions she could recall.                                                                             
                                                                                                                                
1:29:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked who the  Senator was on the Senate                                                               
floor who voted "no," and why.                                                                                                  
                                                                                                                                
MS. KIRSH offered  that it may have been Senator  Kelly, but that                                                               
could easily be verified by looking  at the record on BASIS.  She                                                               
said she is not aware of the reason for that vote.                                                                              
                                                                                                                                
REPRESENTATIVE   GRUENBERG  questioned   whether  there   was  an                                                               
objection expressed in the Senate debate.                                                                                       
                                                                                                                                
MS. KIRSH replied that she was not aware of an objection.                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG   quiered  whether  his   statement  is                                                               
correct  that no  one  said  anything against  the  bill, or  any                                                               
section.                                                                                                                        
                                                                                                                                
MS. KIRSH  responded that  she does not  recall any  objection to                                                               
the bill other than the  questions previously testified to which,                                                               
to her knowledge, were laid to rest by the answers.                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG advised that  staff advised that Senator                                                               
Kelly was the "no" vote.                                                                                                        
                                                                                                                                
1:30:56 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  opened public testimony  and after  ascertaining no                                                               
one wished to testify closed public testimony.                                                                                  
                                                                                                                                
1:31:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to report SB  35, version 29-LS330\H                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying  fiscal notes.    There being  no  objection, SB  35                                                               
passed out of the House Judiciary Standing Committee.                                                                           
                                                                                                                                
1:31:47 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:31 to 1:34 p.m.                                                                            
                                                                                                                                

Document Name Date/Time Subjects
HB 123 Sectional Analysis.pdf HJUD 3/30/2015 1:00:00 PM
HB 123
HB 123 Transmittal Letter.pdf HJUD 3/30/2015 1:00:00 PM
HB 123
HB123 CS ver H.PDF HJUD 3/30/2015 1:00:00 PM
HB 123
HB123 Fiscal Note - DOA.pdf HJUD 3/30/2015 1:00:00 PM
HB 123
HB123 Letter of Opposition.pdf HJUD 3/30/2015 1:00:00 PM
HB 123
HB123 Memo regarding fiscal note revision-DOA.pdf HJUD 3/30/2015 1:00:00 PM
HB 123
HB123 Supporting Documents - ABC.pdf HJUD 3/30/2015 1:00:00 PM
HB 123
HB123 Ver A.pdf HJUD 3/30/2015 1:00:00 PM
HB 123
HB123-DCCED-ABC-03-09-15.pdf HJUD 3/30/2015 1:00:00 PM
HB 123