ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 16, 2009
1:39 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Lesil McGuire
Senator Gene Therriault
MEMBERS ABSENT
Senator Kim Elton
COMMITTEE CALENDAR
SENATE BILL NO. 52
"An Act relating to scheduling Salvia divinorum and Salvinorin A
as controlled substances."
MOVED SB 52 OUT OF COMMITTEE
SENATE BILL NO. 51
"An Act relating to the installation of window tinting in
automobiles."
MOVED CSSB 51(TRA) OUT OF COMMITTEE
SENATE BILL NO. 96
"An Act relating to nonpayment of child support; relating to
certain judicial and administrative orders for medical support
of a child; relating to periodic review and adjustment of child
support orders; relating to relief from administrative child
support orders; relating to child support arrearages; relating
to medical support of a child and the Alaska Native family
assistance program; amending Rule 90.3, Alaska Rules of Civil
Procedure; and providing for an effective date."
MOVED CSSB 96 (HSS) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 10
Urging the United States Congress to adopt S. 371, the
Respecting States Rights and Concealed Carry Reciprocity Act of
2009.
MOVED SJR 10 OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 17(JUD)
Urging the United States Congress to reject H.R. 45, the Blair
Holt's Firearm Licensing and Record of Sale Act of 2009.
MOVED SCS CSHJR(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 52
SHORT TITLE: SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
SPONSOR(s): SENATOR(s) THERRIAULT
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
02/11/09 (S) HSS AT 1:30 PM BUTROVICH 205
02/11/09 (S) Heard & Held
02/11/09 (S) MINUTE(HSS)
02/23/09 (S) HSS AT 1:30 PM BUTROVICH 205
02/23/09 (S) Moved SB 52 Out of Committee
02/23/09 (S) MINUTE(HSS)
02/25/09 (S) HSS RPT 1DP 3NR 1AM
02/25/09 (S) DP: DYSON
02/25/09 (S) NR: DAVIS, ELLIS, PASKVAN
02/25/09 (S) AM: THOMAS
03/02/09 (S) JUD AT 2:00 PM BELTZ 211
03/02/09 (S) Heard & Held
03/02/09 (S) MINUTE(JUD)
03/13/09 (S) JUD AT 1:30 PM BELTZ 211
03/13/09 (S) Bills Previously Heard/Scheduled
03/16/09 (S) JUD AT 1:30 PM BELTZ 211
BILL: SB 51
SHORT TITLE: MOTOR VEHICLE WINDOW TINTING
SPONSOR(s): SENATOR(s) FRENCH
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) TRA, JUD
02/24/09 (S) TRA AT 1:00 PM BUTROVICH 205
02/24/09 (S) Heard & Held
02/24/09 (S) MINUTE(TRA)
03/03/09 (S) TRA AT 1:00 PM BUTROVICH 205
03/03/09 (S) Moved CSSB 51(TRA) Out of Committee
03/03/09 (S) MINUTE(TRA)
03/05/09 (S) TRA RPT CS 1DP 1NR 2AM SAME TITLE
03/05/09 (S) DP: KOOKESH
03/05/09 (S) NR: MEYER
03/05/09 (S) AM: DAVIS, PASKVAN
03/09/09 (S) JUD AT 1:30 PM BELTZ 211
03/09/09 (S) Heard & Held
03/09/09 (S) MINUTE(JUD)
03/16/09 (S) JUD AT 1:30 PM BELTZ 211
BILL: SB 96
SHORT TITLE: CHILD SUPPORT/ CASH MEDICAL SUPPORT
SPONSOR(s): HEALTH & SOCIAL SERVICES
02/04/09 (S) READ THE FIRST TIME - REFERRALS
02/04/09 (S) HSS, JUD, FIN
02/25/09 (S) HSS AT 1:30 PM BUTROVICH 205
02/25/09 (S) Heard & Held
02/25/09 (S) MINUTE(HSS)
03/02/09 (S) HSS AT 1:30 PM BUTROVICH 205
03/02/09 (S) Moved CSSB 96(HSS) Out of Committee
03/02/09 (S) MINUTE(HSS)
03/03/09 (S) HSS RPT CS 2DP 2NR NEW TITLE
03/03/09 (S) DP: DAVIS, PASKVAN
03/03/09 (S) NR: THOMAS, ELLIS
03/11/09 (S) JUD AT 1:30 PM BELTZ 211
03/11/09 (S) Heard & Held
03/11/09 (S) MINUTE(JUD)
03/16/09 (S) JUD AT 1:30 PM BELTZ 211
BILL: SJR 10
SHORT TITLE: ADOPT S. 371 IN CONGRESS
SPONSOR(s): SENATOR(s) THOMAS
02/27/09 (S) READ THE FIRST TIME - REFERRALS
02/27/09 (S) JUD
03/13/09 (S) JUD AT 1:30 PM BELTZ 211
03/13/09 (S) SALVIA DIVINORUM AS CONTROLLED
SUBSTANCE
03/16/09 (S) JUD AT 1:30 PM BELTZ 211
BILL: HJR 17
SHORT TITLE: OPPOSE H.R. 45 IN CONGRESS
SPONSOR(s): REPRESENTATIVE(s) HARRIS
02/11/09 (H) READ THE FIRST TIME - REFERRALS
02/11/09 (H) JUD
02/16/09 (H) JUD AT 1:00 PM CAPITOL 120
02/16/09 (H) Moved CSHJR 17(JUD) Out of Committee
02/16/09 (H) MINUTE(JUD)
02/18/09 (H) JUD RPT CS(JUD) 6DP
02/18/09 (H) DP: GRUENBERG, LYNN, COGHILL, HOLMES,
GATTO, RAMRAS
02/25/09 (H) TRANSMITTED TO (S)
02/25/09 (H) VERSION: CSHJR 17(JUD)
02/27/09 (S) READ THE FIRST TIME - REFERRALS
02/27/09 (S) JUD
03/16/09 (S) JUD AT 1:30 PM BELTZ 211
WITNESS REGISTER
SENATOR JOE THOMAS
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Sponsor of SJR 10.
PETE FELLMAN, Staff
to Representative John Harris
Alaska Capitol Building
Juneau AK
POSITION STATEMENT: Introduced HJR 17 on behalf of the sponsor.
ACTION NARRATIVE
1:39:46 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:39 p.m. Present at the call to
order were Senators Therriault, McGuire and French. Senator
Wielechowski arrived soon thereafter.
SB 52-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
1:40:17 PM
CHAIR FRENCH announced the consideration of SB 52. The committee
heard the bill last week and public testimony was taken.
1:40:28 PM
SENATOR THERRIAULT, speaking as sponsor, said someone from the
Interior contacted him and suggested it would be appropriate to
assess a fine and place an age limit on use of the drug. But
when he looked at the drugs on the current schedule he decided
that adopting that stance would likely result in subsequent.
legislation to remove drugs from the schedule. He doesn't sense
that the public wants to do that so he is comfortable with the
bill as proposed.
SENATOR THERRIAULT moved to report SB 52 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, SB 52 moved from the Senate Judiciary
Standing Committee.
At ease at 1:41:44 pm.
SB 51-MOTOR VEHICLE WINDOW TINTING
1:42:38 PM
CHAIR FRENCH announced the consideration of SB 51 and noted that
the transportation committee substitute is before the committee.
Public testimony and committee discussion was taken previously.
1:43:04 PM
SENATOR WIELECHOWSKI moved to report CS for SB 51 from committee
with individual recommendations and attached fiscal note(s).
There being no objection, CSSB 51(TRA) moved from the Senate
Judiciary Standing Committee.
At ease at 1:43:39 pm.
SB 96-CHILD SUPPORT/ CASH MEDICAL SUPPORT
1:44:18 PM
CHAIR FRENCH announced the consideration of SB 96. [Before the
committee was CSSB 96(HSS).] The bill was presented last week
including the definitions and an explanation of the new
statutory sections. He said it seems to be a good idea to add
cash medical support order, when necessary, to give the state
flexibility when disbursing child support to the obligee.
Finding no committee discussion, he asked for a motion.
1:45:08 PM
SENATOR WIELECHOWSKI moved to report CS for SB 96 from committee
with individual recommendations and attached fiscal note(s).
There being no objection, CSSB 96(HSS) moved from the Senate
Judiciary Standing Committee.
At ease at 1:45:21 pm.
SJR 10-ADOPT S. 371 IN CONGRESS
1:46:52 PM
CHAIR FRENCH announced the consideration of SJR 10.
SENATOR JOE THOMAS, Alaska State Legislature, sponsor, said the
right to keep and bear arms is cherished by Alaskans. SJR 10
calls for passage of federal legislation that protects Alaskan
traditions.
Passage of the federal Respecting States Rights and Concealed
Carry Reciprocity Act will establish a nationwide reciprocity
agreement for carrying concealed firearms. This will allow a
citizen who is permitted to carry a concealed firearm in their
home state to do so in states with similar laws. Laws of the
host state must be followed including laws concerning specific
locations where firearms may not be carried. Any individual
prohibited by federal law from carrying a firearm will continue
to be prohibited under the bill.
Many states currently offer reciprocity to states with similar
laws, but these agreements can change or lapse. For example,
North Dakota recently phased out training requirements from the
concealed carry licensing process and that resulted in the lapse
of several reciprocity agreements with other states. Shifting
agreements can make it difficult for a bearer of a concealed
firearm to keep track of which states offer reciprocity.
Provisions of the law ensure that residents of Alaska and
Vermont, which have unique concealed carry laws, are not
prohibited from enjoying the same rights as the residents from
states having more common conceal and carry laws.
1:48:44 PM
CHAIR FRENCH asked for clarification that there is not a uniform
rule with respect to carrying a concealed firearm from state to
state.
SENATOR THOMAS said that's the case now, but this federal
legislation would make a uniform rule.
CHAIR FRENCH asked if the federal legislation intends to set up
an interstate concealed carry compact to which each state would
belong.
SENATOR THOMAS said yes. It's the same concept of mutual
reciprocity that makes your driver's license valid in other
states.
CHAIR FRENCH noted that this probably would have no bearing on
the relationship between Alaska and Canada; carrying firearms
from Alaska through Canada to Washington will remain a fairly
major impediment.
SENATOR THOMAS said that's correct.
1:50:34 PM
CHAIR FRENCH noted the letters of support from the two U.S.
Senators. Finding no questions or anyone who wanted to testify,
he closed public testimony and asked for a motion.
SENATOR WIELECHOWSKI moved to report SJR 10 from committee with
individual recommendations and attached zero fiscal note(s).
There being no objection, SJR 10 move from the Senate Judiciary
Standing Committee.
At ease at 1:51:55 PM.
HJR 17-OPPOSE H.R. 45 IN CONGRESS
1:52:55 PM
CHAIR FRENCH announced the consideration of HJR 17. [Before the
committee was CSHJR 17(JUD).] He noted the companion Senate
resolution in the bill packet.
PETE FELLMAN, Staff to Representative John Harris said HJR 17
urges Congress to reject H.R. 45, which is known as the Blair
Holt's Firearm Licensing and Record of Sale Act of 2009. The
sponsor feels the federal legislation is out of step with
Alaskan values.
The resolution is self defining, he said, and offered to provide
a brief summary or answer questions.
CHAIR FRENCH found no questions from the committee. He noted
that his office reviewed the resolution and he believes there
was an agreement with the sponsor to change one word of the
resolution. On page 2, line 4, the second "Whereas" clause
currently states that "under H.R. 45, a firearm owner could be
charged with a federal felony based on the actions of a juvenile
who might gain access to the firearm;" and his office believes
it will be a misdemeanor.
CHAIR FRENCH moved Amendment 1 as follows:
AMENDMENT 1
Page 2, line 4 following "charged with a":
Delete "felony"
Insert "misdemeanor"
Finding no objection, he announced that Amendment 1 carries.
1:55:47 PM
SENATOR THERRIAULT asked Mr. Fellman what modifications were
made in the House Judiciary Committee.
MR. FELLMAN explained that the second "WHEREAS" was inserted on
page 1, lines 6-8.
CHAIR FRENCH closed public testimony.
SENATOR THERRIAULT moved to report the committee's substitute
for HJR 17 from committee with individual recommendations and
attached fiscal note. There being no objection, SCS CSHJR
17(JUD) moved from the Senate Judiciary Standing Committee.
1:57:21 PM
There being no further business to come before the committee,
Chair French adjourned the meeting at 1:57 pm.