Legislature(2001 - 2002)

04/15/2002 02:36 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                      HB 375-REVISOR'S BILL                                                                                 
                                                                                                                                
MS. PAM  FINLEY, revisor of  statutes, informed members  that this                                                              
bill was  drafted pursuant  to statute and  was introduced  by the                                                              
Legislative Council.  The purpose of  the legislation is  to clean                                                              
up  errors  in  the  statutes  or   provisions  that  have  become                                                              
obsolete. She  said when  drafting this bill,  she tries  to avoid                                                              
any policy  choices in  the bill because  the revisor's  bill does                                                              
not usually get the kind of attention that most bills do.                                                                       
                                                                                                                                
MS. FINLEY  said HB  375 contains  two sections  of interest,  the                                                              
first being  Section 1.  Currently, the statutes  say that  when a                                                              
bill has  a specific  effective date,  the bill  goes into  effect                                                              
that day. Unfortunately, sometimes  the Governor does not sign the                                                              
legislation until  after the effective  date. The practice  in the                                                              
revisor's  office  has  been  to  treat  the  date  signed  as  an                                                              
immediate effective  date because that is the date  closest to the                                                              
legislature's  intent.  Last year,  legislation  that lowered  the                                                              
blood alcohol content to .08 passed  with a July 1 effective date.                                                              
The Governor did  not sign the bill until July 3,  so it went into                                                              
effect July  4. In the  meantime, someone  was arrested on  July 1                                                              
and is  claiming the  sections that  had a  July 1 effective  date                                                              
should have  a "90 days out"  effective date. She noted  the judge                                                              
will decide  on that matter and HB  375 is not intended  to affect                                                              
the lawsuit,  but the matter did  bring to her attention  the fact                                                              
that  the  statutes  have not  been  reflecting  actual  practice.                                                              
Therefore,  Section  1 reflects  actual  practice  since at  least                                                              
1984.                                                                                                                           
                                                                                                                                
SENATOR THERRIAULT  asked if  the legal  argument is that  because                                                              
the law could not take effect on  the stated date, the standard 90                                                              
day effective date provision would apply.                                                                                       
                                                                                                                                
MS. FINLEY said  she assumes that is the legal  argument. She then                                                              
explained the second  bill section that is of  interest is Section                                                              
2. She said  it appears to  change the statute of  limitations but                                                              
does not.  She explained  that a floor  amendment was  passed last                                                              
year. Prior  to that amendment,  the civil statute  of limitations                                                              
for sexual assault  and sexual abuse was three  years. The regular                                                              
statute of  limitations for  torts was two  years. Because  of the                                                              
rule about  minors, if the sexual  abuse occurred when  the person                                                              
was a minor, the three-year limit  did not start running until the                                                              
victim turned 18. Furthermore, if  a person was sexually assaulted                                                              
a certain  number of times  before the age  of 16, the  statute of                                                              
limitations  of  three  years  did not  start  running  until  the                                                              
plaintiff discovered  the crime. The purpose of  that exception is                                                              
to allow for suppressed memories  of children. The floor amendment                                                              
repealed  and   re-enacted  the  special  three-year   statute  of                                                              
limitations to  get rid  of any civil  statute of limitations  for                                                              
sexual abuse  or assault  that was  a felony,  however it  did not                                                              
deal with the  misdemeanors. Therefore, since the  misdemeanors no                                                              
longer have  the special three-year  statute of limitations,  they                                                              
fall  under  the two-year  statute  of  limitations for  torts  in                                                              
general. The result  is that Alaska now has a  two-year statute of                                                              
limitations for a sexual assault  misdemeanor for civil cases. The                                                              
other parts of that in other sections  that deal with misdemeanors                                                              
were written  with the assumption  that Alaska still had  a three-                                                              
year statute of limitations.                                                                                                    
                                                                                                                                
MS.  FINLEY explained  that Section  2 amends  the exceptions  for                                                              
minors regarding  the statute  of limitations.  Subsection  (b) on                                                              
the  top  of  page  2 references  the  fact  that  no  statute  of                                                              
limitations applies  to felony sexual  assaults and it  lowers the                                                              
statute of  limitations for the other  offenses to two  years. She                                                              
noted the  old law defined what  is meant by "sexual  assault" and                                                              
"sexual abuse"  by a reference to  the criminal statutes.  The new                                                              
law doesn't  define it.  She suggested  this may  be an  issue the                                                              
legislature may want  to revisit. She said those  two sections are                                                              
the only two of interest.                                                                                                       
                                                                                                                                
VICE-CHAIR DONLEY  noted the  bill has a  zero fiscal note  and no                                                              
further  committee   referrals.  He  said  it  appears   the  only                                                              
problematic  section  is  Section  2 and  it  makes  the  statutes                                                              
consistent with a  floor amendment.  He noted he  is not sure that                                                              
he agrees with the floor amendment and asked the will of the                                                                    
committee.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT said he usually likes to have the opportunity                                                                
to review the revisor's bill since it contains such a                                                                           
"scattering" of things and he has not done that.                                                                                
                                                                                                                                
VICE-CHAIR DONLEY announced that HB 375 would be held in                                                                        
committee until Wednesday.                                                                                                      

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