03/19/2009 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB15 | |
| HB101 | |
| HB15 | |
| HB152 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 152 | TELECONFERENCED | |
| += | HB 101 | TELECONFERENCED | |
| += | HB 15 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 19, 2009
1:04 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Nancy Dahlstrom, Vice Chair
Representative John Coghill
Representative Carl Gatto
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 15
"An Act relating to prohibiting the use of cellular telephones
by minors when driving a motor vehicle; and providing for an
effective date."
- MOVED NEW CSHB 15(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 101
"An Act exempting the full value of life insurance and annuity
contracts from levy to satisfy unsecured debt, and amending the
description of earnings, income, cash, and other assets relating
to garnishment of life insurance proceeds payable upon the death
of an insured."
- MOVED CSHB 101(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 152
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; providing for an
effective date by repealing the effective date of sec. 33, ch.
122, SLA 1977; and providing for an effective date."
- MOVED CSHB 152(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 15
SHORT TITLE: BAN CELL PHONE USE BY MINORS WHEN DRIVING
SPONSOR(S): REPRESENTATIVE(S) GARDNER, TUCK
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) JUD, FIN
03/16/09 (H) JUD AT 1:00 PM CAPITOL 120
03/16/09 (H) Moved CSHB 15(JUD) Out of Committee
03/16/09 (H) MINUTE(JUD)
03/18/09 (H) JUD AT 1:00 PM CAPITOL 120
03/18/09 (H) Heard & Held
03/18/09 (H) MINUTE(JUD)
03/19/09 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 101
SHORT TITLE: EXEMPTIONS: LIFE INSURANCE; ANNUITIES
SPONSOR(S): REPRESENTATIVE(S) COGHILL
01/30/09 (H) READ THE FIRST TIME - REFERRALS
01/30/09 (H) L&C, JUD
02/18/09 (H) L&C AT 3:15 PM BARNES 124
02/18/09 (H) Moved Out of Committee
02/18/09 (H) MINUTE(L&C)
02/20/09 (H) L&C RPT 3DP 3NR
02/20/09 (H) DP: LYNN, CHENAULT, COGHILL
02/20/09 (H) NR: BUCH, HOLMES, OLSON
03/02/09 (H) JUD AT 1:00 PM CAPITOL 120
03/02/09 (H) Heard & Held
03/02/09 (H) MINUTE(JUD)
03/16/09 (H) JUD AT 8:00 AM CAPITOL 120
03/16/09 (H) Heard & Held
03/16/09 (H) MINUTE(JUD)
03/19/09 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 152
SHORT TITLE: 2009 REVISOR'S BILL
SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE COUNCIL
02/25/09 (H) READ THE FIRST TIME - REFERRALS
02/25/09 (H) JUD
03/16/09 (H) JUD AT 8:00 AM CAPITOL 120
03/16/09 (H) Heard & Held
03/16/09 (H) MINUTE(JUD)
03/19/09 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 15, spoke in favor
of Amendment 2.
AMANDA MORTENSEN, Intern
Representative John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 101, on behalf of
the sponsor, Representative Coghill, explained the changes
incorporated into Version P.
LINDA HULBERT, Agent
New York Life Insurance Company
Fairbanks, Alaska
POSITION STATEMENT: During discussion of HB 101, expressed
support for Version P.
KATHRYN KURTZ, Assistant Revisor
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency (LAA)
Juneau, Alaska
POSITION STATEMENT: Speaking as the assistant revisor, on
behalf of the Senate Rules Standing Committee, sponsor by
request of Legislative Council, explained the amendments to
HB 152.
ACTION NARRATIVE
1:04:15 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:04 p.m. Representatives Ramras,
Dahlstrom, Coghill, Gatto, and Gruenberg were present at the
call to order. Representatives Lynn and Holmes arrived as the
meeting was in progress.
HB 15 - BAN CELL PHONE USE BY MINORS WHEN DRIVING
1:04:41 PM
CHAIR RAMRAS announced that the first order of business would be
HOUSE BILL NO. 15, "An Act relating to prohibiting the use of
cellular telephones by minors when driving a motor vehicle; and
providing for an effective date."
CHAIR RAMRAS explained that left pending from 3/18/09 was the
motion to adopt Amendment 2, labeled 26-LS0110\E.1, Luckhaupt,
3/18/09, which read:
Page 1, lines 10-11:
Delete "has probable cause"
Insert "is authorized by law"
1:05:24 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), explained
that the DOL both likes and suggested Amendment 2 because it
would make the bill more effective in curbing distracted driving
by [minors] using cellular ("cell") phones while they drive,
indicating that any term other than "is authorized by law" would
not be sufficient given that the behavior the bill is intended
to address would only be a secondary offense.
REPRESENTATIVE GATTO questioned why it's necessary to have that
language in the bill, given that the term "peace officer"
includes uniformed police officers.
MS. CARPENETI surmised that this standard for stopping a person
has been included in order to preclude a law enforcement officer
from stopping someone without any legal basis for doing so. In
response to another question, she pointed out that under the
bill, a minor cannot be stopped just for using a cell phone
while driving; the police officer would have to stop the minor
for a reason other than using a cell phone while driving, and
would have to have a legal basis for making that stop to begin
with, and then, in addition to any other citations or arrests,
the officer could cite the minor with using a cell phone while
driving.
REPRESENTATIVE GATTO indicated that he is simply questioning
whether the term "is authorized by law" is repetitive or
unnecessary.
MS. CARPENETI said that including that term would simply clarify
that the officer has to have a legal reason for making the stop
to begin with.
CHAIR RAMRAS asked whether Amendment 2 lowers what he termed the
"probable cause standard as applied under Coleman."
MS. CARPENETI explained that the 1976 Coleman v. State case
adopts the "reasonable suspicion" standard, which is lower than
the probable cause standard; the court decision in Coleman
recognizes [reasonable suspicion] as a legal basis for making a
stop in Alaska. Such is the standard used in every other state
she is familiar with, she relayed, as well as the standard used
under federal law.
REPRESENTATIVE GRUENBERG surmised that the bill must include
either the current language or the suggested language - that
having neither language would not be a workable option.
The committee took an at-ease from 1:11 p.m. to 1:13 p.m.
CHAIR RAMRAS relayed that HB 15 and the question of whether to
adopt Amendment 2 would be set aside until later in the meeting.
HB 101 - EXEMPTIONS: LIFE INSURANCE; ANNUITIES
1:13:51 PM
CHAIR RAMRAS announced that the next order of business would be
HOUSE BILL NO. 101, "An Act exempting the full value of life
insurance and annuity contracts from levy to satisfy unsecured
debt, and amending the description of earnings, income, cash,
and other assets relating to garnishment of life insurance
proceeds payable upon the death of an insured." [Before the
committee was the proposed committee substitute (CS) for HB 101,
Version 26-LS0176\E, Bailey, 2/19/09, which had been adopted as
the work draft on 3/2/09; also in members' packets was a new
proposed CS for HB 101, Version 26-LS0176\P, Bailey, 3/18/09.]
1:14:01 PM
REPRESENTATIVE DAHLSTROM moved to adopt the proposed CS for
HB 101, Version 26-LS0176\P, Bailey, 3/18/09, as the work draft.
There being no objection, Version P was before the committee.
1:14:53 PM
AMANDA MORTENSEN, Intern, Representative John Coghill, Alaska
State Legislature, explained on behalf of the sponsor,
Representative Coghill, that Section 1 of Version P proposes to
add the exemption for unmatured life insurance and annuity
contracts to AS 09.38.015(a) - a change suggested by Legislative
Legal and Research Services; that Section 3 of Version P
proposes to repeal AS 09.38.025(a) - thus repealing the current
$10,000 exemption cap on life insurance and annuity contracts;
and that Version P now contains an applicability section -
Section 4 - that states [Sections 1 and 3] would only apply to a
debt that is created on or after the effective date of this Act.
This means that loans granted before the enactment of the bill
would be subject to garnishment of any amount above $10,000 on
unmatured life insurance and annuity contracts.
1:16:46 PM
LINDA HULBERT, Agent, New York Life Insurance Company, relayed
that she supports Version P.
CHAIR RAMRAS closed public testimony on HB 101.
1:17:11 PM
REPRESENTATIVE DAHLSTROM moved to report the proposed CS for
HB 101, [Version 26-LS0176\P, Bailey, 3/18/09,] out of committee
with individual recommendations and the accompanying zero fiscal
note. There being no objection, CSHB 101(JUD) was reported from
the House Judiciary Standing Committee.
HB 15 - BAN CELL PHONE USE BY MINORS WHEN DRIVING
1:17:46 PM
CHAIR RAMRAS announced that as the next order of business, the
committee would return to the hearing on HOUSE BILL NO. 15, "An
Act relating to prohibiting the use of cellular telephones by
minors when driving a motor vehicle; and providing for an
effective date." [The question of whether to adopt Amendment 2
was left pending from earlier in the meeting.]
REPRESENTATIVE HOLMES removed her objection to Amendment 2 [text
provided previously]. There being no further objection,
Amendment 2 was adopted.
1:18:39 PM
REPRESENTATIVE DAHLSTROM moved to report HB 15, as amended via
Amendment 2, out of committee with individual recommendations
and the accompanying zero fiscal note. There being no
objection, CSHB 15(JUD) was reported from the House Judiciary
Standing Committee.
The committee took an at-ease from 1:19 p.m. to 1:22 p.m.
HB 152 - 2009 REVISOR'S BILL
1:22:48 PM
CHAIR RAMRAS announced that the final order of business would be
HOUSE BILL NO. 152, "An Act making corrective amendments to the
Alaska Statutes as recommended by the revisor of statutes;
providing for an effective date by repealing the effective date
of sec. 33, ch. 122, SLA 1977; and providing for an effective
date." [Before the committee was HB 152 as amended via
Amendment 1 on 3/16/09.]
1:23:17 PM
REPRESENTATIVE COGHILL made a motion to adopt Amendment 2,
labeled 26-LS0158\E.3, Kurtz, 3/18/09, which read:
Page 14, lines 11 - 12:
Delete "42 U.S.C. 659(i)(5) (sec. 459(i)(5),
Social Security Act) [42 U.S.C. 662(e) (SEC. 462(e),
SOCIAL SECURITY ACT)]"
Insert "42 U.S.C. 662(e) (sec. 462(e), Social
Security Act)"
REPRESENTATIVE HOLMES objected [for the purpose of discussion].
The committee took an at-ease from 1:23 p.m. to 1:24 p.m.
1:24:57 PM
KATHRYN KURTZ, Assistant Revisor, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), explained that Amendment 2 would remove the second
proposed change in Section 39, thus leaving AS 23.20.401(b)(3)
unchanged and continuing to reference a federal code that's been
repealed. Should the committee wish to change that reference
later, it could do so via a different bill, she suggested.
REPRESENTATIVE HOLMES removed her objection.
CHAIR RAMRAS stated that Amendment 2 was adopted.
1:26:41 PM
REPRESENTATIVE COGHILL made a motion to adopt Amendment 3,
labeled 26-LS0158\E.4, Kurtz, 3/18/09, which read:
Page 3, lines 10 - 15:
Delete all material.
Renumber the following bill sections accordingly.
Page 6, line 31, through page 7, line 5:
Delete all material.
Renumber the following bill sections accordingly.
Page 29, line 31, through page 30, line 5:
Delete all material.
Renumber the following bill sections accordingly.
Page 46, line 4, through page 48, line 1:
Delete all material.
Page 48, line 22:
Delete "Section 89"
Insert "Section 84"
Page 48, line 27:
Delete "sec. 89"
Insert "sec. 84"
Page 48, line 28:
Delete "sec. 90"
Insert "sec. 85"
Page 48, line 29:
Delete "Section 59"
Insert "Section 56"
Page 48, line 30:
Delete "secs. 92 and 93"
Insert "secs. 87 and 88"
REPRESENTATIVE HOLMES objected for the purpose of discussion.
MS. KURTZ explained that Amendment 3 proposes to delete five
sections - Sections 7, 20, 46, 84, and 85 - because they all
alter references to federal statutes, and their inclusion may
inadvertently result in a substantive change to Alaska law, and
this is not the intent of the revisor's bill. The statutes that
these sections are proposing to alter can be addressed later via
a different bill, she suggested.
REPRESENTATIVE COGHILL concurred that it would be better to have
the departments speak to those statutes and references to
federal code. He said he supports amendment 3.
REPRESENTATIVE HOLMES removed her objection.
CHAIR RAMRAS stated that Amendment 3 was adopted.
1:28:45 PM
REPRESENTATIVE DAHLSTROM moved to report HB 152, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
152(JUD) was reported from the House Judiciary Standing
Committee.
1:30:09 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:30 p.m.
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