Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/03/2013 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 65 RETIREMENT PLANS; ROTH IRAS; PROBATE TELECONFERENCED
Heard & Held
+ HB 9 SECURED TRANSACTIONS AND FUNDS TRANSFERS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= HB 69 EXEMPT FIREARMS FROM FEDERAL REGULATION TELECONFERENCED
Moved SCS CSHB 69(JUD) Out of Committee
+= HB 83 FEDERAL LAWS & EXECUTIVE ORDERS TELECONFERENCED
Moved CSHB 83(JUD) Out of Committee
             HB  83-FEDERAL LAWS & EXECUTIVE ORDERS                                                                         
                                                                                                                                
1:47:22 PM                                                                                                                    
CHAIR  COGHILL announced  the  consideration of  HB  83. "An  Act                                                               
relating to  certain federal statutes,  regulations, presidential                                                               
executive  orders   and  actions,  and  secretarial   orders  and                                                               
actions;  relating to  the duties  of the  attorney general;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
He reminded the members that  CSHB 83(JUD), version O, was before                                                               
the  committee  and  a  motion to  adopt  proposed  Amendment  1,                                                               
labeled 28-LS0328\O.1 was awaiting action.                                                                                      
                                                                                                                                
1:47:44 PM                                                                                                                    
JIM POUND,  Staff, Representative Wes  Keller, sponsor of  HB 83,                                                               
drew  attention to  a  report  from the  Department  of Law  that                                                               
discusses  legal actions  against  the  federal government  since                                                               
2008. He  relayed the  bill sponsor's  opinion of  the amendment,                                                               
which is  that it is  unfriendly and unnecessary. Mr.  Pound said                                                               
he personally believes it is an effort to delay the legislation.                                                                
                                                                                                                                
1:48:39 PM                                                                                                                    
SENATOR  WIELECHOWSKI  called  a  point of  order.  He  said  the                                                               
statement is offensive,  and if he wanted to delay  the bill he'd                                                               
walk out of the meeting because he was making the quorum.                                                                       
                                                                                                                                
CHAIR COGHILL cautioned against reading in motives.                                                                             
                                                                                                                                
MR. POUND apologized.                                                                                                           
                                                                                                                                
MR. POUND  reported that the  Department of Law advised  that the                                                               
amendment does  not affect the  fiscal note. He said  he believes                                                               
that current  statutory language  in AS  44.23.020(b)(7)(A) makes                                                               
the amendment  unnecessary. That  language talks about  an annual                                                               
report to  the legislature  from the  attorney general  about the                                                               
work and expenditures  of the office. He further  opined that the                                                               
issue of the amendment was  of little concern to most legislators                                                               
and  could  be  brought  up during  finance  subcommittees  under                                                               
missions  and measures.  He  asked the  committee  to reject  the                                                               
amendment.                                                                                                                      
                                                                                                                                
1:49:58 PM                                                                                                                    
SENATOR  WIELECHOWSKI countered  that the  amendment simply  asks                                                               
the  attorney general  to  provide a  summary  of the  litigation                                                               
between the  state and  the federal  government, a  discussion of                                                               
the  legal  issues,   the  cost  of  the  case,   and  the  final                                                               
disposition.  He  said  it  is   good  government  to  have  this                                                               
information and  every legislator should be  interested in having                                                               
it.                                                                                                                             
                                                                                                                                
CHAIR  COGHILL said  he  was sympathetic  to  the amendment,  but                                                               
would   vote   against   it   based   on   the   bill   sponsor's                                                               
recommendation.                                                                                                                 
                                                                                                                                
1:52:08 PM                                                                                                                    
A roll call  vote was taken. Senator Wielechowski  voted in favor                                                               
of Amendment 1  and Senators Dyson and Coghill  voted against it.                                                               
Therefore, Amendment 1 failed by a 1:2 vote.                                                                                    
                                                                                                                                
CHAIR COGHILL solicited a motion.                                                                                               
                                                                                                                                
1:53:22 PM                                                                                                                    
SENATOR  DYSON moved  to  report CSHB  83(JUD),  version O,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  COGHILL  announced  that without  objection  CSHB  83(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                

Document Name Date/Time Subjects
HB9-(28-LS0035-N).pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Sectional.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9- Sectional Summary by Leg Legal.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9-Sponsor Statement(1).pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Spporting Document- UCC Article 9 Amendments (2010) Summary.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Supporting Document- UCC Article 4A Amendments (2012) Summary.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Supporting Document- UCC Article 4A Amendments Legislative Fact Sheet.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Supporting Document- UCC Article 9 Amendments Legislative Fact Sheet.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Supporting Documents- Letter Joe Everhart 1-28-13.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9- Fiscal Note-DNR-REC-2-15-13.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9- Fiscal Note- LAW-CIV-02-15-13.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
Federal Litigation for 2008 to Present from DOL.pdf SJUD 4/3/2013 1:30:00 PM
HB 83
SB065CS(JUD)-DCCED-DOI-04-02-13.pdf SJUD 4/3/2013 1:30:00 PM
SB 65