04/12/2010 01:30 PM Senate JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB287 | |
| HB355 | |
| SB46 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 46 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 287 | ||
| = | HB 355 | ||
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 12, 2010                                                                                         
                           1:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                              
                                                                                                                                
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Dennis Egan                                                                                                             
Senator Lesil McGuire                                                                                                           
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 287(JUD)                                                                                
"An Act relating to the adoption of the Uniform Disclaimer of                                                                   
Property Interests Act, and to the disclaimer of property rights                                                                
under the Uniform Probate Code."                                                                                                
                                                                                                                                
     - MOVED CSHB 287(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 355(JUD)                                                                                
"An Act relating to criminal fines for organizations."                                                                          
                                                                                                                                
     - MOVED CSSB 355(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 46                                                                                                              
"An Act relating to child support awards made by a court; and                                                                   
repealing Rule 90.3, Alaska Rules of Civil Procedure."                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 287                                                                                                                  
SHORT TITLE: UNIFORM ACT: PROPERTY INTEREST DISCLAIMER                                                                          
SPONSOR(s): REPRESENTATIVE(s) RAMRAS, GRUENBERG                                                                                 
                                                                                                                                
01/15/10       (H)       PREFILE RELEASED 1/15/10                                                                               
01/19/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/10       (H)       L&C, JUD                                                                                               
03/01/10       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/01/10       (H)       Moved Out of Committee                                                                                 
03/01/10       (H)       MINUTE(L&C)                                                                                            
03/04/10       (H)       L&C RPT 1DP 4NR                                                                                        
03/04/10       (H)       DP: LYNN                                                                                               
03/04/10       (H)       NR: BUCH, CHENAULT, T.WILSON, OLSON                                                                    
03/11/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/11/10       (H)       <Bill Hearing Canceled>                                                                                
03/17/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/17/10       (H)       Moved CSHB 287(JUD) Out of Committee                                                                   
03/17/10       (H)       MINUTE(JUD)                                                                                            
03/19/10       (H)       JUD RPT CS(JUD) 7DP                                                                                    
03/19/10       (H)       DP: LYNN, GRUENBERG, HERRON, DAHLSTROM,                                                                
                         HOLMES, GATTO, RAMRAS                                                                                  
03/23/10       (H)       TRANSMITTED TO (S)                                                                                     
03/23/10       (H)       VERSION: CSHB 287(JUD)                                                                                 
03/24/10       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/24/10       (S)       L&C, JUD                                                                                               
04/06/10       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/06/10       (S)       Moved HB 287 Out of Committee                                                                          
04/06/10       (S)       MINUTE(L&C)                                                                                            
04/07/10       (S)       L&C RPT   4DP                                                                                          
04/07/10       (S)       DP: PASKVAN, BUNDE, THOMAS, MEYER                                                                      
04/09/10       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/09/10       (S)       Heard & Held                                                                                           
04/09/10       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
BILL: HB 355                                                                                                                  
SHORT TITLE: CRIMINAL FINES FOR ORGANIZATIONS                                                                                   
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG                                                                                         
                                                                                                                                
02/19/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/10       (H)       JUD, FIN                                                                                               
03/10/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/10/10       (H)       Heard & Held                                                                                           
03/10/10       (H)       MINUTE(JUD)                                                                                            
03/11/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/11/10       (H)       Heard & Held                                                                                           
03/11/10       (H)       MINUTE(JUD)                                                                                            
03/15/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/15/10       (H)       Moved CSHB 355(JUD) Out of Committee                                                                   
03/15/10       (H)       MINUTE(JUD)                                                                                            
03/17/10       (H)       JUD RPT CS(JUD) 6DP                                                                                    
03/17/10       (H)       DP: LYNN, GRUENBERG, DAHLSTROM, HOLMES,                                                                
                         GATTO, RAMRAS                                                                                          
04/02/10       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/02/10       (H)       Moved CSHB 355(JUD) Out of Committee                                                                   
04/02/10       (H)       MINUTE(FIN)                                                                                            
04/05/10       (H)       FIN RPT CS(JUD) 4DP 3NR                                                                                
04/05/10       (H)       DP: THOMAS, GARA, DOOGAN, N.FOSTER                                                                     
04/05/10       (H)       NR: KELLY, FAIRCLOUGH, STOLTZE                                                                         
04/07/10       (H)       TRANSMITTED TO (S)                                                                                     
04/07/10       (H)       VERSION: CSHB 355(JUD)                                                                                 
04/08/10       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/10       (S)       JUD                                                                                                    
04/09/10       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/09/10       (S)       Heard & Held                                                                                           
04/09/10       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
BILL: SB  46                                                                                                                  
SHORT TITLE: CHILD SUPPORT AWARDS                                                                                               
SPONSOR(s): SENATOR(s) KOOKESH                                                                                                  
                                                                                                                                
01/21/09       (S)       PREFILE RELEASED 1/9/09                                                                                
01/21/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/09       (S)       HSS, JUD, FIN                                                                                          
03/01/10       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/01/10       (S)       Heard & Held                                                                                           
03/01/10       (S)       MINUTE(HSS)                                                                                            
03/10/10       (S)       HSS AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/10/10       (S)       Moved CSSB  46(HSS) Out of Committee                                                                   
03/10/10       (S)       MINUTE(HSS)                                                                                            
03/12/10       (S)       HSS RPT CS  5DP    NEW TITLE                                                                           
03/12/10       (S)       DP: DAVIS, THOMAS, ELLIS, PASKVAN,                                                                     
                         DYSON                                                                                                  
03/24/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/24/10       (S)       Heard & Held                                                                                           
03/24/10       (S)       MINUTE(JUD)                                                                                            
04/12/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GRETCHEN STAFT, staff                                                                                                           
  to Representative Max Gruenberg                                                                                               
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Was available to respond to questions on HB
287 and HB 355.                                                                                                                 
                                                                                                                                
DOROTHY SHOCKLEY, staff                                                                                                         
  to Senator Albert Kookesh                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Explained the changes in the CS for SB 46.                                                               
                                                                                                                                
ALLEN BAILEY, Attorney                                                                                                          
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in opposition to SB 46.                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:35:35 PM                                                                                                                    
                                                                                                                                
VICE-CHAIR   BILL  WIELECHOWSKI   called  the   Senate  Judiciary                                                             
Standing Committee meeting  to order at 1:35 p.m.  Present at the                                                               
call to order were Senators Egan, Coghill and Wielechowski.                                                                     
                                                                                                                                
        HB 287-UNIFORM ACT: PROPERTY INTEREST DISCLAIMER                                                                    
                                                                                                                                
VICE-CHAIR WIELECHOWSKI  announced the  consideration of  HB 287.                                                               
It  was   heard  previously.  [CSHB   287(JUD)  was   before  the                                                               
committee.]                                                                                                                     
                                                                                                                                
1:36:10 PM                                                                                                                    
GRETCHEN STAFT,  staff to  Representative Max  Gruenberg, offered                                                               
to answer questions related to HB 287.                                                                                          
                                                                                                                                
SENATOR EGAN  moved to report  CSHB 287(JUD) from  committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
            HB 355-CRIMINAL FINES FOR ORGANIZATIONS                                                                         
                                                                                                                                
VICE-CHAIR WIELECHOWSKI  announced the  consideration of  HB 355.                                                               
[CSHB 355(JUD) was before the committee.]                                                                                       
                                                                                                                                
1:37:24 PM                                                                                                                    
GRETCEHN STAFT,  staff to  Representative Max  Gruenberg, offered                                                               
to answer questions related to HB 355.                                                                                          
                                                                                                                                
SENATOR  COGHILL  asked  how  often the  court  had  imposed  the                                                               
maximum fine.                                                                                                                   
                                                                                                                                
MS. STAFT replied  the Department of Law (DOL)  doesn't keep that                                                               
data,  but  Ms.  Carpeneti  provided several  examples  when  the                                                               
statute was  used. The  first was  a Green  Peace case  where the                                                               
charge was  criminal trespass and  the fine was  $10,000. Another                                                               
case involved  liquor importation  by Ambler  Air. That  fine was                                                               
$85,000. The third case involved Strategica Import-Export.                                                                      
                                                                                                                                
1:39:41 PM                                                                                                                    
SENATOR COGHILL asked if the sentence  in the Ambler Air case was                                                               
a class A misdemeanor.                                                                                                          
                                                                                                                                
MS. STAFT replied  it was a misdemeanor, but she  didn't know the                                                               
level.                                                                                                                          
                                                                                                                                
SENATOR COGHILL  said he  didn't expect  answers now,  but before                                                               
the bill reached the floor he'd  like: 1) examples when the fines                                                               
for B  misdemeanor and A felony  offenses that were close  to the                                                               
maximum;  2) to  know  if anyone  had looked  at  how this  might                                                               
impact  the  charging  mechanism;   and  3)  information  on  the                                                               
correlation between this and civil liability.                                                                                   
                                                                                                                                
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
MS. STAFT  recalled that  the Ambler  Air offense  was a  class A                                                               
misdemeanor  and said  it's her  understanding  that the  statute                                                               
isn't  used   very  often  because   many  of  these   cases  are                                                               
negotiated.  The main  function  of  this bill  would  be to  let                                                               
corporations  know what  the bottom  line would  be when  they're                                                               
negotiating, she said.                                                                                                          
                                                                                                                                
1:43:20 PM                                                                                                                    
SENATOR  COGHILL said  he just  wanted to  know what  affect this                                                               
will have on bargaining and the fallout in civil liability.                                                                     
                                                                                                                                
VICE-CHAIR WIELECHOWSKI  asked if he  would object to  moving the                                                               
bill from committee.                                                                                                            
                                                                                                                                
SENATOR COGHILL said  he didn't mind, but  he wants clarification                                                               
before he casts his vote on the floor.                                                                                          
                                                                                                                                
VICE-CHAIR WIELECHOWSKI  asked Ms.  Staft to facilitate  the work                                                               
between the two offices and the Department of Law.                                                                              
                                                                                                                                
MS. STAFT agreed to do so.                                                                                                      
                                                                                                                                
1:45:00 PM                                                                                                                    
SENATOR EGAN  moved to report  CSHB 355(JUD) from  committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being  no   objection,  CSHB  355(JUD)  moved   from  the  Senate                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
                  SB  46-CHILD SUPPORT AWARDS                                                                               
                                                                                                                                
VICE-CHAIR  WIELECHOWSKI announced  the consideration  of SB  46.                                                               
The  bill was  heard  previously. [CSSB  46(HSS)  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
1:45:20 PM                                                                                                                    
DOROTHY  SHOCKLEY, staff  to Senator  Albert Kookesh,  introduced                                                               
herself and noted  there was a new committee  substitute (CS) for                                                               
the committee to consider.                                                                                                      
                                                                                                                                
VICE-CHAIR  WIELECHOWSKI said  he'd take  public testimony  while                                                               
the CS was copied and distributed.                                                                                              
                                                                                                                                
ALLEN  BAILEY,  Attorney,  Anchorage,  said he's  been  a  family                                                               
attorney for  about 26 years.  He is  chair of the  child custody                                                               
committee  of  the  American Bar  Association  (ABA)  family  law                                                               
section, and  a former member  of the ABA Commission  on Domestic                                                               
Violence. He said  he is representing himself as  a family lawyer                                                               
whose practice consists primarily of  child custody cases most of                                                               
which  are   related  to  violent  relationships.   He  told  the                                                               
committee that  before getting Civil  Rule 90.3, the  practice of                                                               
family law  frequently consisted  of primary  parents effectively                                                               
agreeing to receive  lower child support in order  to continue to                                                               
provide care  for their  children. At the  same time,  there were                                                               
parents who were  willing to sell their time  with their children                                                               
in exchange for lower amounts of  child support. That is not good                                                               
public policy, he said.                                                                                                         
                                                                                                                                
1:48:58 PM                                                                                                                    
He  related  that   his  experience  in  36   years  of  drafting                                                               
legislation is that  some people for selfish  purposes attempt to                                                               
modify state laws  to benefit themselves and others  like them in                                                               
a  manner that  is a  disadvantage  to others.  The problem  with                                                               
making a statute  of what now embodies Alaska Civil  Rule 90.3 is                                                               
that the rule  would be subject to the vagaries  of the political                                                               
process.                                                                                                                        
                                                                                                                                
VICE-CHAIR  WIELECHOWSKI  assured  him  that  that  was  not  the                                                               
sponsor's intent.                                                                                                               
                                                                                                                                
SENATOR COGHILL asked  him to tell the committee  about the rule-                                                               
making process in the court.                                                                                                    
                                                                                                                                
MR.  BAILY said  his  understanding is  that  the Alaska  Supreme                                                               
Court justices appoint a committee  to make recommendations as to                                                               
prospective changes in  the court's rule. Most  of the appointees                                                               
are attorneys  who are expert  in the  area of child  custody and                                                               
child support litigation.  He said it's been  his experience that                                                               
the change process in the Alaska  Civil Rules is much more finely                                                               
tuned than the change process in some legislation.                                                                              
                                                                                                                                
1:53:56 PM                                                                                                                    
SENATOR COGHILL said  he agrees that they are  two very different                                                               
bodies that both  make policy so there will always  be a tension,                                                               
but the  Constitution gives primary  authority of making  laws to                                                               
the Legislature. He  appreciates that the court sees  how the law                                                               
interacts at the practical level, but  the court also has its own                                                               
internal politics.                                                                                                              
                                                                                                                                
VICE-CHAIR  WIELECHOWSKI asked  for  a motion  to  adopt the  new                                                               
committee substitute (CS).                                                                                                      
                                                                                                                                
1:55:49 PM                                                                                                                    
SENATOR  COGHILL  moved  to  adopt  CS for  SB  46,  labeled  26-                                                               
LS0279\T, as the working document.                                                                                              
                                                                                                                                
VICE-CHAIR  WIELECHOWSKI  objected  for discussion  purposes  and                                                               
asked Ms. Shockley to explain the changes.                                                                                      
                                                                                                                                
MS. SHOCKLEY  said on page 6,  lines 24-25 and again  on line 27,                                                               
the phrase  "and cash  medical support" was  deleted. On  page 7,                                                               
line  20,  the phrase  "For  purpose  of establishing  a  monthly                                                               
support obligation  for healthcare  expenses," was  inserted. The                                                               
rest of  subsection (e) remains the  same. On page 7,  line [29],                                                               
"medical  cost"  was  deleted  and  "health  care  expenses"  was                                                               
inserted.                                                                                                                       
                                                                                                                                
Page 8,  line [4],  following "oath"  the phrase  "accompanied by                                                               
documentation  verifying the  statement"  was  inserted; page  8,                                                               
line   6,   following   "This    statement"   the   phrase   "and                                                               
documentation" was  inserted; and  page 8, line  9, a  period was                                                               
placed  after the  word  "modify"  and the  phrase  "and must  be                                                               
accompanied by documentation verifying the income." was deleted.                                                                
                                                                                                                                
1:58:25 PM                                                                                                                    
Page  9,  line  [2],  "court"  was  deleted  and  "tribunal"  was                                                               
inserted. Page 10, line 15,  "tribunal." was deleted and "court."                                                               
was  inserted. Page  10, line  13, following  the word  "all" the                                                               
word "court" was inserted.                                                                                                      
                                                                                                                                
VICE-CHAIR WIELECHOWSKI asked if these are technical changes.                                                                   
                                                                                                                                
MS. SHOCKLEY answered yes.                                                                                                      
                                                                                                                                
VICE-CHAIR WIELECHOWSKI closed public testimony and announced he                                                                
would hold SB 48 in committee.                                                                                                  
                                                                                                                                
2:02:24 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Vice-Chair Wielechowski adjourned the meeting at 2:02 p.m.                                                                      
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