ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 25, 2013
2:04 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Neal Foster
Representative Gabrielle LeDoux
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
Representative Charisse Millett
COMMITTEE CALENDAR
HOUSE BILL NO. 63
"An Act extending the termination date of the Board of Governors
of the Alaska Bar Association; and providing for an effective
date."
- MOVED HB 63 OUT OF COMMITTEE
HOUSE BILL NO. 34
"An Act making state compliance with a federal law, regulation,
or presidential executive order contingent on receipt of certain
information from the federal government."
- HEARD & HELD
HOUSE BILL NO. 83
"An Act relating to certain federal statutes, regulations,
presidential executive orders, and secretarial orders; relating
to the duties of the attorney general; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 73
"An Act relating to the commencement of actions for felony sex
trafficking and felony human trafficking; relating to the crime
of sexual assault; relating to the crime of unlawful contact;
relating to forfeiture for certain crimes involving
prostitution; relating to the time in which to commence certain
prosecutions; relating to release for violation of a condition
of release in connection with a crime involving domestic
violence; relating to interception of private communications for
certain sex trafficking or human trafficking offenses; relating
to use of evidence of sexual conduct concerning victims of
certain crimes; relating to procedures for granting immunity to
a witness in a criminal proceeding; relating to consideration at
sentencing of the effect of a crime on the victim; relating to
the time to make an application for credit for time served in
detention in a treatment program or while in other custody;
relating to suspending imposition of sentence for sex
trafficking; relating to consecutive sentences for convictions
of certain crimes involving child pornography or indecent
materials to minors; relating to the referral of sexual felonies
to a three-judge panel; relating to the definition of 'sexual
felony' for sentencing and probation for conviction of certain
crimes; relating to the definition of "sex offense" regarding
sex offender registration; relating to protective orders for
stalking and sexual assault and for a crime involving domestic
violence; relating to the definition of 'victim counseling
centers' for disclosure of certain communications concerning
sexual assault or domestic violence; relating to violent crimes
compensation; relating to certain information in retention
election of judges concerning sentencing of persons convicted of
felonies; relating to remission of sentences for certain sexual
felony offenders; relating to the subpoena power of the attorney
general in cases involving the use of an Internet service
account; relating to reasonable efforts in child-in-need-of-aid
cases involving sexual abuse or sex offender registration;
relating to mandatory reporting by athletic coaches of child
abuse or neglect; making conforming amendments; amending Rules
16, 32.1(b)(1), and 32.2(a), Alaska Rules of Criminal Procedure,
Rule 404(b), Alaska Rules of Evidence, and Rule 216, Alaska
Rules of Appellate Procedure; and providing for an effective
date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 63
SHORT TITLE: EXTEND BAR ASS'N BOARD OF GOVERNORS
SPONSOR(S): REPRESENTATIVE(S) HAWKER
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD, FIN
02/25/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 34
SHORT TITLE: FEDERAL LAWS, REGULATIONS & EXEC. ORDERS
SPONSOR(S): REPRESENTATIVE(S) T.WILSON
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD
02/25/13 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE MIKE HAWKER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 63.
HANNA SEBOLD, President
Board of Governors
Alaska Bar Association (ABA)
Juneau, Alaska
POSITION STATEMENT: Responded to a question during discussion
of HB 63.
STEPHEN J. VAN GOOR, Bar Counsel
Alaska Bar Association (ABA)
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 63.
THOMAS S. OBERMEYER, SR., Attorney at Law
Anchorage, Alaska
POSITION STATEMENT: Asked that HB 63 not be passed, thereby
allowing the Board of Governors of the Alaska Bar Association
(ABA) to sunset.
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 34.
MIKE COONS
Palmer, Alaska
POSITION STATEMENT: Expressed support for the intent of HB 34,
recommended changes to the bill, and urged the bill's passage.
ACTION NARRATIVE
2:04:20 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at 2:04 p.m. Representatives Keller, Lynn,
Gruenberg, and Foster were present at the call to order.
Representatives LeDoux and Pruitt arrived as the meeting was in
progress. Representative Millett was excused.
HB 63 - EXTEND BAR ASS'N BOARD OF GOVERNORS
2:05:17 PM
CHAIR KELLER announced that the first order of business would be
HOUSE BILL NO. 63, "An Act extending the termination date of the
Board of Governors of the Alaska Bar Association; and providing
for an effective date."
2:05:53 PM
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, sponsor,
explained that HB 63 would extend the termination date of the
Board of Governors of the Alaska Bar Association (ABA),
currently scheduled to terminate June 30, 2013. The Division of
Legislative Audit, having concluded an audit of the Board of
Governors of the ABA and determined that it's operating in the
public's interest and has complied with its duties and
responsibilities to the public, recommends that the termination
date be extended to June 30, 2021. He mentioned that the
Division of Legislative Audit [has also determined that the
Board of Governors should again recommend to the Alaska Supreme
Court that it amend the Alaska Bar Rules so as to] increase the
number of continuing legal education (CLE) credit hours that
each ABA member be mandated to complete.
REPRESENTATIVE GRUENBERG disclosed that he is a member of the
ABA, and, remarking on the importance of mandatory CLE for ABA
members, questioned whether something should be added to HB 63
regarding that recommendation.
REPRESENTATIVE HAWKER expressed a preference for attaching a
letter of intent, rather than amending the bill.
REPRESENTATIVE GRUENBERG relayed that he would draft that letter
of intent.
2:13:58 PM
HANNA SEBOLD, President, Board of Governors, Alaska Bar
Association (ABA), in response to comments and a question,
indicated that the Board of Governors is willing to discuss with
the Alaska Supreme Court the issue of increasing the number of
mandatory CLE credit hours for ABA members.
2:14:22 PM
STEPHEN J. VAN GOOR, Bar Counsel, Alaska Bar Association (ABA),
indicated that such discussion would be occurring soon.
2:17:47 PM
THOMAS S. OBERMEYER, SR., Attorney at Law - referring to a
letter he'd written, included in members' packets, and
mentioning that he's licensed to practice law in Missouri -
offered his beliefs that there are many problems with the ABA,
including a lack of uniform discipline and low bar-examination
passage rates, that Alaska's bar-examination passage rates
should be increased, and that Alaska's current passage rates
have been kept low on purpose through manipulation. He opined,
therefore, that HB 63 should not be passed, thereby allowing the
Board of Governors of the Alaska Bar Association to terminate,
in turn providing an opportunity to reevaluate Alaska's bar
examination. He also indicated, though, that he has no
objection to increasing mandatory CLE. In conclusion, he said,
"I don't think this should be just another rubberstamp ...
passage ... of a sunset date."
MR. VAN GOOR, in response to comments and a question, indicated
that the Board of Governors of the ABA is currently researching
the issue of a uniform bar examination.
CHAIR KELLER, ascertaining that no one else wished to testify,
closed public testimony on HB 63, and pointed out that as
currently written, the bill would only extend the termination
date of the Board of Governors of the Alaska Bar Association.
2:28:28 PM
REPRESENTATIVE LYNN moved to report HB 63 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 63 was reported from the House
Judiciary Standing Committee. [Note to the reader: the
aforementioned letter of intent for HB 63 was adopted by the
committee on 2/27/13.]
HB 34 - FEDERAL LAWS, REGULATIONS & EXEC. ORDERS
2:29:09 PM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 34, "An Act making state compliance with a
federal law, regulation, or presidential executive order
contingent on receipt of certain information from the federal
government."
2:29:52 PM
REPRESENTATIVE LYNN moved to adopt the proposed committee
substitute (CS) for HB 34, Version 28-LS0195\C, Nauman, 1/30/13,
as the working document. There being no objection, Version C
was before the committee.
2:30:20 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, sponsor,
explained that the original version of HB 34 would preclude the
state from complying with a federal law, federal regulation, or
presidential executive order until the federal government
provides a written description telling the state how to comply
with, and the economic effect on each community of complying
with, the federal law, federal regulation, or presidential
executive order. Version C of HB 34, in contrast, precludes the
state from complying with a federal law, federal regulation, or
presidential executive order until the state requests from the
federal government a written description of the economic effect
- on the state and on each community [and on industry] - of
complying with the federal law, federal regulation, or
presidential executive order; and precludes the state from
accepting any associated federal funding until either the
federal government or the state provides that written
description. She indicated that the drafter recommended this
change in approach, and mentioned that members' packets contain
examples, as well as an indeterminate fiscal note submitted by
the Office of Management & Budget (OMB). In conclusion, she
said, "I believe every time we take any money from the federal
government, we should know what strings are attached and ... how
it's going to affect the communities that we all live in."
CHAIR KELLER noted that language on page 2, lines [4-7], of
Version C stipulates that the state may not accept the
associated federal funding until the aforementioned written
description is transmitted to the legislature.
REPRESENTATIVE T. WILSON relayed that under Version C, the state
would request the written description from the federal
government, but if the federal government does not provide it
within 90 days, then the state would provide it and transmit it
to the legislature. She mentioned that under the bill, the
legislature would not be determining whether to accept the
associated federal funding; instead, the legislature would
simply be informed before the administration accepts such
funding.
The committee took an at-ease from 2:37 p.m. to 2:39 p.m.
REPRESENTATIVE T. WILSON, in response to a question, indicated
that a new fiscal note from the OMB reflecting the changes
incorporated in Version C would be forthcoming.
2:40:49 PM
MIKE COONS, mentioning that he'd provided written testimony
regarding the original version of HB 34, said he supports the
intent of the bill though he believes that the bill itself does
not yet go far enough. He suggested that Version C of HB 34 be
changed: such that rather than merely requesting from the
federal government a written description of the economic effect
of the federal law, federal regulation, or presidential
executive order, that the state instead demand that written
description from the federal government; such that that written
description include information about the constitutionality of
the federal law, federal regulation, or presidential executive
order; and such that it require the federal law, federal
regulation, or presidential executive order to be fully funded
by the federal government. In conclusion, Mr. Coons urged
passage of HB 34.
REPRESENTATIVE T. WILSON offered her understanding that such
changes would violate the constitution.
Due to teleconference-equipment malfunctions, the committee took
an at-ease from 2:45 p.m. to 2:55 p.m.
REPRESENTATIVE T. WILSON, in closing, relayed that HB 34 would
ensure that [the legislature] is kept apprised of the potential
economic effects of federal laws, federal regulations, and
presidential executive orders, and reiterated that a new fiscal
note from the OMB would be forthcoming.
CHAIR KELLER relayed that HB 34 [Version C] would be held over.
2:56:24 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:56 p.m.