----------------------- Page 1----------------------- 1967-68 HOUSE JUDICIARY COMMITTEE TABLE OF CONTENTS 1967 INDEX 1967 REPORTS, MEMOS, ETC. 1968 INDEX 1968 REPORTS, MEMOS, ETC. 1967-68 HJ MINLOG ----------------------- Page 2----------------------- 1967 INDEX ----------------------- Page 3----------------------- INDEX to work done for House Judiciary Committee - 1967 (This index does not reflect all bills considered by the committee, nor all reports issued by it, nor all amendments proposed by it.) Committee reports prepared for: House Bills Date Senate Bills Date 47 3/16 13 3/11 58 3/16 45 3/30 64 51 (HCS) 3/18 105 3/10 74 (CS) 3/28 112 3/18 90 3/10 140 (CS) 3/15 99 (CS) 3/10 160 102 3/27 165 3/28 114 3/16 175 142 (CS) 3/19 176 3/28 145 (HCS) 3/23 178 3/30 156 (HCS) 3/27 201 3/11 178 3/22 207 (CS) 3/27 181 3/22 211 3/9 191 3/23 221 (CS) 3/20 192 3/28 230 3/9 236 3/10 247 3/21 252 3/22 253 3/22 255 3/22 256 3/22 266 3/17 286 3/23 287 3/28 290 3/27 300 3/30 322 4/1 Amendments prepared for: also, memoranda about: HB 117 and HB 229 HB 105 HB 175 and HB 105 HB 112 Rules of Juvenile Procedure HB 175 HB 247 HB 201 HB 221 HB 230 ----------------------- Page 4----------------------- -2- Memoranda: Date Subjects 3/6 HB 117 and HB 229 3/7 HB 175 and HB 105 3/13 Bill request re Supreme Court's Rules of Juvenile Procedure 3/16 HB 247 3/20 HB 221 ( ----------------------- Page 5----------------------- 1967 Reports, Memos, Etc. ----------------------- Page 6----------------------- 3/16/67 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 47 This bill protects liquor licensees in their reliance on drivers' licenses as evidence of the age of customers, and removes from them the burden of "knowing" at their peril whether a customer is really at least 21 years old. The bill is contingent upon the passage of House Bill No. 31, which requires that drivers' linceses be encased in plastic and contain a picture of the driver. ___________________ Tom Fink, Chairmain ----------------------- Page 7----------------------- 3/16/67 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 58 Regarding admission to the Alaska Bar, present law limits the application of AS 08.08.130(6) to persons employed by a law firm or the state of federal government. This bill removes that restriction while retaining the requirement of three consecutive years of a legal nature in Alaska. ___________________ Tom Fink, Chairmain ----------------------- Page 8----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 64 This bill facilitates borough financing on a service area basis by putting the credit of the entire borough behind the financing needed for a function performed in a service area only. However, before the credit of the en- tire borough 1s pledged tbe obligation must be approved by the qualified voters throughout the borough. ___________________ Tom Fink, Chairmain ----------------------- Page 9----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 105 amended by the House Judiciary Committee In an attempt to encourage prompt and reasonable settlements and to compensate an injured party for his loss of capital and further injry while awaiting the trial, this bill pro- vides for the addition of interest to an aware of damages for the time prior to the judgment. No interest will be allowed when there is a bona fide offer of settlement made iwthin 30 days of the date the cause of action arose if the amount of money ofered at least equals the damages awarded. And if such an offer is made later than 30 days after the cause of action arose, interst may be allowed for the period prior to the offer. ___________________ Tom Fink, Chairmain ----------------------- Page 10----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 112 This bill generally increases the efficiency of state bonding. It adds redemption premiums to the states pledge of full faith, credit and resources; removes any question of the legality of the type of bond sold after the earthquake in 1964; permits the spreading of payment over a period greater than 30 years; assures nationwide public notice of the sale of state bonds, thereby increasing the market for them; per- mits facsimile signatures on state bonds and on bonds issued by political subdivision sof the state; permits a "designee in the department" of a member of the state bond committee to act in the place of the member; and permits the state bond committee to desginate one of its members to act when nec- essary to effectuate the committee's duties if that is not inconsistent with other law. ___________________ Tom Fink, Chairmain ----------------------- Page 11----------------------- 3/15/67 JUDICIARY COMMITTEE REPORT on COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 140 This committee substitute eliminates one basis for admission to the Alaska Bar. The subsection being repealed state in essence, that an applicant is eligible for admission if he has passed a bar examination in another state, is a member in good standing of the bar of tha tstate, has been a resi- dent of Alaska for at least three years, has been employed in Alaska in work of a legal nature for at least three years and the Supreme Cour determines that it is in the best interest of those served by the legal profession that he be admitted. ___________________ Tom Fink, Chairmain ----------------------- Page 12----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 160 This bill establishes a new time limitation for certain actions, i.e. those brought against the responsible archi- tect, builder or similar person, based on a defect in the design, construction, etc. of an improvement to real property and those based on an injury caused by that defect. Whether the case is based on the defect itself or on the re- sulting injury the time begins running upon "substantial completion of the improvement; consequently this bill limits not only the bringing of the cause of action, but in effect prevents the cause of action from arising when an injury oc- curs after the time limitation has expired. An action based on a defect not discovered until after the time limitation has expired would likewise be precluded. However, this limitation does not affect the bringing of an action against the person in possession or control of the im- provement (e.g., as an owner or tenant). ___________________ Tom Fink, Chairmain ----------------------- Page 13----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 165 This bill establishes an additional method of handling some prisoners. In certain cases the commissioner of the Department of Health and Welfare may direct that a prisoner be permitted to continue in his regular employ- ment, or may authorize him to secure employment, unless thecourt at the time of sentencing has prohibited work furloughs for that prisoner. The earnings of the prisoner shall be collected by the commissioner for payment of support of the prisoner's dependants, if any, and for payment of the prisoner's board and personal expenses inside and outside the prison facility. The balance shall be paid to the prisoner at the time of his dis- charge. ___________________ Tom Fink, Chairmain ----------------------- Page 14----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 175 amended by the House Judiciary Committee This bill requires the Department of Labor to follow the same procedures as all other encumbrancers when placing a lien on motor vehicles as a means of securing payment under the Employment Security Act. Either the instrument creating the lien shall be accompanied by the vehicle's certificate of title or a new certificate shall be issued bearing evidence of the encumbrance. ___________________ Tom Fink, Chairmain ----------------------- Page 15----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 176 This bill simply prohibits the use of the streets and public thoroughfares of a city for the business of furnishing water by tank, wagon or other conveyance unless a franchise has been granted by the city council. The council is given the authority to regulate water distribution. ___________________ Tom Fink, Chairmain ----------------------- Page 16----------------------- JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 178 This bill establishes the concept that a person who operates a motor vehicle upon the public highways has "impliedly consented" to chemical tests of his blood, breath or urine for determining alcohol content of his blood if he is arrested for an offense arising out of acts alleged to have been com- mitted while he was driving while under the influence of intoxicating liquor. A standard for determining whether a person is "under the influence" is also established. ___________________ Tom Fink, Chairmain ----------------------- Page 17----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 201 amended by the House Judiciary Committee This bill requires that agencies providing child placement and counseling services be licensed, and thereby assures the publich that persons primarily engaged in offering these services possess a certain degree of training and competence and adhere to certain standards. ___________________ Tom Fink, Chairmain ----------------------- Page 18----------------------- 3/27/67 JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 207 This bill helps protect freedom of religion and the right to live in accordance with one's religion so long as others are not endan- gered. A schoolchild whose parents, on the grounds of religious principles, object to the physical examination or immunization of him may be examined or immunized only under certain circumstances. ___________________ Tom Fink, Chairmain ----------------------- Page 19----------------------- 3/9/67 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 211 This bill is ver similar to House Bill No. 90 which recently passed the House of Representatives in the State of Washington. It protects news reporters and elected public officials from being compelled to disclose their sources of information, except when there is a judicial determination by the superior or supreme court that with- holding testimony on the source of information would be contrary to the public interest or would result in a miscarriage of justice or the denial of a fair trial to those who challenge thise privilege. This bill contains certain limitations on the privilege, recognizing the need to protect individual rights while relieving reporters and public officials from unnecessary pressures to disclose their sources of information. ___________________ Tom Fink, Chairmain ----------------------- Page 20----------------------- 3/20/67 JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 221 This bill applies to colleges and universities the prohibition against the location of liquor outlets within 200 feet of school grounds and churches. In areas outside of incorporated citities it leaves to the persons residing within a one mile radius of a proposed outlet (i.e., the persons most directly affected) the determination, provided other requirements of law are met, of whether a liquor license should be issued. (See AS 04.10.440) Other changes proposed by the bill make the measurement of the 200 feet more certain. ___________________ Tom Fink, Chairmain ----------------------- Page 21----------------------- 3/9/67 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 230 This is one of several bills enhancing the Alaska judiciary. It requires that a district judge be licensed to practice law in Alaska, rather than just in any one of the United States. Through committee amendment, it increases his Alaska residence requirement from 90 days to one year, but to provide for filling vacancies when no person within these qualifications is available the position of acting disrict judge is created, for which there is no residence or law- practice requirement. The term of an acting district judge is limited to twelve months. In addition, this bill changes the method of selection of district judges and magistrates. By requiring the judicial council to nominate two or more persons for the selection of one by the governor, the presiding judge of the superior court in each judicial district is relieved of the obliga- tion to make the appointments. ___________________ Tom Fink, Chairmain ----------------------- Page 22----------------------- 3/10/67 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 236 This bill requires that all automobile insurance policies sold in this state provide the minimum coverage specified in AS 28.20.440(b)(2), and, unless waived as provided in AS 28.20.440(b)(3), contains an uninsured motorist clause. Legislation enacted in 1966, seeking to accomplish this end, was not a general provision and therefore has only limited application. ___________________ Tom Fink, Chairmain ----------------------- Page 23----------------------- 3/21/67 JUDICIARY COMMITTEE REPORT ON CS FOR HB 247 The basic change in existing law made by this bill is the removal of the concept of "fault" (for a divorce) from consideration in the award of child custody. "Fault" for the divorce is not necessarily relevant to the question of which parent could best take care of the child, particu- larly in Alaska where the far greater percentage of divorces are granted on the grounds of "incompatibility." In this bill the court is given guidelines to assist it in awarding child custody. The bill also makes both parents responsible for the future welfare of the child, rather than just requiring payments from "the party in fault" as under present law. In this connectin payments made by the parent not having custody would go into a trust fund for the child when the parent having custody remarries, unless it is manifest that the child's present welfare requires that the payments to the parent having custody continue. The bill also abolishes the concept of "fault" with regard to alimony, and requires that an award of alimony to either party be based on a consideration of need, ability to earn a living (as affected by age or physical condition) and other appropriate factors. It is not, however, the intent to require divorced mothers who are awarded custody of the child to plac the child in a nursery so the mother can go out and work to support herself. (She will already be receiving support payment for the child.) This is one fo the factors to be considered by the court. Dis- tribution of property is also changed by the bill so that only property acquired during the marriage can be awarded. The parties would still be free, of course, to make some other contractual arrangement. In addition, the bill extends to both parties the courtesy presently extended only to the wife by requiring her to deliver to the ----------------------- Page 24----------------------- -2- husband his personal property which is in her possession or control at the time of giving the judgment. ___________________ Tom Fink, Chairmain ----------------------- Page 25----------------------- 3/22/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 252 amended This bill raises the fees for set or stake gill net licenses and makes special provision for persons whose gross income for the previous calender year was less than $3,600. ___________________ Tom Fink, Chairmain ----------------------- Page 26----------------------- 3/22/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 253 amended This bill rises the fees for drift gill net licenses and makes special pro- vision for persons whose gross income for the previous calender year was less than $3,600. ___________________ Tom Fink, Chairmain ----------------------- Page 27----------------------- 3/22 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 255 This bill provides for the enforcement of municipal liquor-control ordinances by applying the same sanctions that are available for enforcement of state liquor laws. ___________________ Tom Fink, Chairmain ----------------------- Page 28----------------------- 3/22/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 256 Under present law a person can be convicted of reckless driving or of driving under the influence of intoxicating liquor only if he is driving "upon a public street or highway." This bill removes that condition, so that driving in a parking lot or other place likely to endanger the public would be covered. ___________________ Tom Fink, Chairmain ----------------------- Page 29----------------------- 3/17/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 266 This bill alleviates the problem faced by some of the smaller cities when conventions are held there. It is a general grant of permission to holders of a "club licsense" to serve alcoholic beverages to nonmenber conventioneers when, due to a convention, the regular dispensing facilities are inadequate, as certified by the Alcoholic Beverage Control Board. ___________________ Tom Fink, Chairmain ----------------------- Page 30----------------------- 3/23/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 286 This bill applies the same sanctions to violations of municipal liquor control ordinances as to violations of state liquor conrol statutes. it also makes clear that for a second or third violation to bring a more severe penalty the violations need not all be of the same ordinance or statute. ___________________ Tom Fink, Chairmain ----------------------- Page 31----------------------- Art 3/28/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 287 The basic change proposed by this bill is the placing of the incorporation and dissolution of cities in the hands of the Local Boundary Commission instead of the courts. It also prohibits the incorporation of third and fourth class cities within an organized borough, and adds a new basis for the dissolution of home rule and general law cities in an organized borough, i.e. the consent of the borough to assume the city's rights, powers, duties, assets and liabilities. ___________________ Tom Fink, Chairmain ----------------------- Page 32----------------------- 3/28/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 290 This bill gives the Alaska Transportation Commission the authority to suspend a rate change by a motor freight carrier for up to 180 days, pending a hearind and decision on the reasonableness of the change. Under present law the commission has the authority to reject a change, but pending its decision the change can remain in effect. ___________________ Tom Fink, Chairmain ----------------------- Page 33----------------------- 3/30/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 300 This bill seeks to protect children against neglect or abus by requiring rather than just permitting medical personnel, school teachers and social workers to report to the Department of Health and Welfare cases when it is believed the child suffered physical injury due to abuse, neglect or starvation. The bill also requires that these reports be in writing and that the department forward copies to the largest hospital in the vicinity where the injury is discovered so that medical personnel, probation officers and agencies offering child protective services can review them. ___________________ Tom Fink, Chairmain ----------------------- Page 34----------------------- 4/1/67 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 322 This Bill modifes the court rules providing fo ra stay of imprisonment. If the defendent is admitted to bail the sentence of imprisonment will be stayed pending an appeal. However, if he is not admitted to bail a facility may be designated where he will be detained pending appeal or admission to bail. ___________________ Tom Fink, Chairmain ----------------------- Page 35----------------------- 3/11/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 13 This bill simply assures blind persons tha tthye may take their guide dogs with them, free of charge, into public facilities notwithstanding the possible prohibi- tion in local ordinances or "company policy". ___________________ Tom Fink, Chairmain ----------------------- Page 36----------------------- 3/30/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 45 This bill authorizes the director of the Division of Lands, with the approval of the commissioner of the Department of Natural Resources, to grant state land to a corporation for construction of a railroad and establishes the procedure for doing so. It also provides that the land revests in the state under certain circumstances. ___________________ Tom Fink, Chairmain ----------------------- Page 37----------------------- Art 3/30/67 JUDICIARY COMMITTEE REPORT ON HCS FOR SENATE BILL NO. 51 amended This bill helps preserve the state's wildlife resources by requiring non-residents, hunting for certain species of animals, to be accompanied by a guide licensed in this state. ----------------------- Page 38----------------------- 3/28/67 JUDICIARY COMMITTEE REPORT ON CS FOR SENATE BILL NO. 74 am This bill adds to the regular penalties of fine and impisonment the suspension of the driver's license of a person convicted more than once of driving a vehicle without the owner's consent. ___________________ Tom Fink, Chairmain ----------------------- Page 39----------------------- 3/10/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 90 am This bill provides for greater efficiency in the Department of Highways by allowing a designee of the commissioner, within the department, to sign an order for a declaration of taking in eminent domain proceedings. It also requires rather than just permits the department to pay into court the reasonable value of the property taken. ___________________ Tom Fink, Chairmain ----------------------- Page 40----------------------- 3/10/67 JUDICIARY COMMITTEE REPORT ON CS FOR SENATE BILL NO. 99 Prompted by growing concern over the hazards of ski areas and a recent court case in Washington seeking to hold a ski tow operator or owner to the standard of care of a common carrier, this bill simply clarifies the status and liability of such persons. It also protects them from reglation as a common carrier. ___________________ Tom Fink, Chairmain ----------------------- Page 41----------------------- 3/27/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 102 Under present law a bank may disclose its records pertaining to customers and depositors in only four situations. This bill adds one more, so that a bank, lending institution, credit bureau or retail outlet extending credit to an individual may obtain information from the individual's own bank regarding his credit rating. This bill does not permit his bank to disclose his exact deposit balances. ___________________ Tom Fink, Chairmain ----------------------- Page 42----------------------- 3/16/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 114 This bill simply applies to veterans of the Viet Nam war the same employment-preference benefits presently applied to veterans of the two world wars and the Korean War. ___________________ Tom Fink, Chairmain ----------------------- Page 43----------------------- 3/19/67 JUDICIARY COMMITTEE REPORT ON CS FOR SB 142 This bill attemps to codify the law with respect to the burden of proof in medical and dental malpractice actions and counter the 1964 case of Patrick v. Sedwick, Alaska, 391, P. 2d 453, the effect of which is said to be an intolerable rule of law resulting in astronomically high malpractice insurance rates. Basically the bill requires that, in these actions, negligence be proved and not presumed. ___________________ Tom Fink, Chairmain ----------------------- Page 44----------------------- 3/23/67 JUDICIARY COMMITTEE REPORT on HOUSE COMMITTEE SUBSTITUTE for SENATE BILL NO. 145 This bill brings into conformity with the Alaska Uniform Commercial Code the language of the provision prohibiting removal fromthe state of an encumbered motor vehicle. Under AS 45.05.690 to AS 45.05.794 a secured transaction is on which, regardless of form, is intended to create a security interest in personal property or fixtures. See AS 45.05.692(a). The common terms "chattal mortgage" and "conditional sales contract" are included in the term "security interest". ___________________ Tom Fink, Chairmain ----------------------- Page 45----------------------- 3/27/67 JUDICIARY COMMITTEE REPORT ON HCS FOR SB 156 This bill attemps to eassure state employees using air charter services of greater safety by removing the competitive bid requirement for these services. Contractual arrangements for these services will still be possible, but in the absence of a formal contract reasonable fees estabished by the Department of Administration will apply, and the employee actually flying in the aircraft may select the charter service to be used. Also,the department may promulgate regulations establishing minimum standards for air charter services to be used by state employees. The emphasis will be on the qualification of the pilot and his aircraft. ___________________ Tom Fink, Chairmain ----------------------- Page 46----------------------- 3/22/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 178 This bill provides for the greater effeciency of the state ferry system by permitting the hirin gof persons who are not United States citizens for handling ferry business in Canada. ___________________ Tom Fink, Chairmain ----------------------- Page 47----------------------- 3/22/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 181 This bill simply adds the Board of Fish and Game to the list of state agencies covered by the Administrative Procedure Act. ___________________ Tom Fink, Chairmain ----------------------- Page 48----------------------- 3/22/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 191 This bill simply extends to July 1, 1967, the time for making application for earthquake disaster relief. The persent deadline is July 1, 1966. ___________________ Tom Fink, Chairmain ----------------------- Page 49----------------------- 3/28/67 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 192 This bill establishes the Alaska Toll Bridge Authority to handle the financing and construction of toll facilities in the state. ___________________ Tom Fink, Chairmain ----------------------- Page 50----------------------- AMENDMENT Offered in the HOUSE BY THE JUDICIARY COMMITTEE To: HOUSE BILL NO. 105 Page 1, line 10: Insert "(a)" before the word "unless" Page 1, lines 12-17: Deleate all material up to the period in line 17 and substitute: damages awarded by the jury or the court interest on the entire amount of the award or a portion o fit. The in- terest shall be calculated at the legal rate from the date the cause of action arose to the date of entering judgment, and it shall be included in the judgment. (b) If a bona fide offer of settlement was mde with- in 30 days of the date the cause of action arose and the amount offered at least equals the amoutn of the judgment no interest may be allowed for any of the time before judg- ment. If this offer was made later than 30 days after the cause of action arose interest may be allowed only for the period before the date of the offer. Page 1, line 17: Begin a new paragraph and insert "(c)" before "The rate" ----------------------- Page 51----------------------- 3/17/67 AMENDMENT Offered in the HOUSE BY THE JUDICIARY COMMITTEE To: HOUSE BILL NO. 112 Page 2, line 12: Between t he comma and "at" insert: "in one published in San Franciso, California, and in one published in Chicago, Illinois," Page 2, lines 24 - 29 and Page 3, lines 1 - 6: Delete all matter and insert: Sec. 37.15.080 SIGNATURES AND SEAL. (a) Each bond shall be signed on behalf of the state by the governor and attested by the secretary of state, [ONE OF] which signatures may be [A] facsimile signatures [SIGNATURE]. The seal of the state shall be impressed, imprinted or otherwise reproduced on each bond. Each interest coupon attached to the bond shall be signed by the facsimile signatures of the governor and the secretary of state. If an officer whose signature appears on the bonds or coupons ceases to be an officer before delivery of the bonds, the sig- nature is, nevertheless, valid and sufficient for all purposes, as if the officer had remained in office until delivery. (b) A signature required on a bond issued by a political subdivision of the state may be a facsimile signature. Page 3, lines 13 and 14: Delete "principal deputy or assistant" and insert: "designee in the department" ----------------------- Page 52----------------------- AMENDMENT Offered in the HOUSE BY THE JUDICIARY COMMITTEE To: HOUSE BILL NO. 175 Page 1, line 15; Delete all material after the period. Page 1, line 16: Delete all material and add the following: *Sec. 2. AS 28.10.530(a) is amended to read: (a) Filing as provided in sec. 480 of this chapter is the exclusive mthod of giving consructive notice of a lien or encumbrance upon a registered vehicle [THE METHOD PROVIDED IN SEC. 510 OF THIS CHAPTER OF GIVING CONSTRUCTIVE NOTICE OF A LIEN OR ENCUMBRANCE UPON A REGISTERED VEHICLE IS EXCLUSIVE], except as to liens de- pendent upon possession, and a lien or encumbrance or title retention instrument which is filed and documents evidencing the instrument are exempt from secs. 22-6-5, 29-2-5, and 29-2-6, ACLA 1949, but only to the extent that those sections are inconsistent with the method pro- vided in this section for the giving of constructive notice of a lien or encumbrance upon a registered vehicle. ----------------------- Page 53----------------------- 3/15/67 AMENDMENT Offered in the HOUSE BY THE JUDICIARY COMMITTEE To: HOUSE BILL NO. 175 Page 2, line 18: Add: (c) In this section "agency" does not include an individual who occasionally provides the services set out in (a) of this section. ----------------------- Page 54----------------------- AMENDMENT Offered in the HOUSE BY THE JUDICIARY COMMITTEE To: HOUSE BILL NO. 201 Page 2, line 18: Add: (c) In this section "agency" means (1) an establishment, the primary purpose of which is to provide the servcices set out in (a) of this section; or (2) an establishment required to be licensed under secs. 20 or 90 of this chapter [Original includes an "X" drawn across this page, see pdf] ----------------------- Page 55----------------------- AMENDMENT Offered in the HOUSE By THE JUDICIARY COMITTEE To: _______HOUSE Bill No. 230 ______SENATE Bill NO. AMENDMENT Page________Line______ Page 1, line 14: Delete "90 days" and substitute "one year" Page 2, lines 4-8: Delete the sentence "An acting district ... United States." and substitute: "An acting district judge shall be a citizen of the United States and of the state, at least 21 years of age, but need not be licensed to practice law in any one of the United States and need not have established Alaska residence before his appointment." ----------------------- Page 56----------------------- MEMORANDUM March 6, 1967 SUBJECT: HB 117 and HB 229 TO: House Judiciary Committee Tom Fink, Chairman Re HB 117: The question was whether, as the resutl of enacting the bill, an out-of-state encumbrance on a motor vehicle would be with- out validity (as against a good faith purchaser) in Alaska unless it is filed here or is reflected on the title or registration certificate. When read in conjunction with As 45.05.736(a)(4) and AS 28.10.470 - 28.10.480 and 28.10.510, that would appear to be the result. 9Those sections require filing here and provide that it is constructive notice to subsequent purchasers and encumbrancers.) However, this result raises the question of "full faith and credit" under the U. S. Constitution, in that it wuold deny a right to an individual when that right has been perfected under the laws of another state. Broderick v. Rosner, 294 U.S. 629 (1935), presented a sitution in which New York law established certain liability of bank stockholders and New Jersey law specifically prohibited enforcement of that liability. The decision of the New Jersey court upheld its own statute, but the U. S. Supreme Court reversed the decision, stressing the contractual nature of the right, and saying, ". . . the full faith and credit clause does not require the enforcement of every right which has ripened into a judgment of another state or has been conferred by its statutes . . . But the room left for the play of conflicting policies is a narrow one . . . [A state] may not, under the guise of merely affecting the remedy, deny the enforcement of claims otherwise within the protection of the full faith and credit clause, when its courts have general jurisdiction of the subject-matter and the parties." The practical effect of HB 117 (if every state had similar legis- lation), seeking to protect local good faith purchasers, would be to require out-of-state creditors (encumbrancers) in states where the encumbrance is not reflected on the title to file their encumbrance in all 49 other states, since they could not be sure where a defaulting debtor would run. AS 45.04.694(d) provides for the situation when the certificate of title does reflect the encumbrance, which poses no problem here. ----------------------- Page 57----------------------- House Judiciary Committee -2- March 6, 1967 There appears to be a substantial question of the constitutionality of HB 117, but further research and time wuold be required to give a more definite answer. Re HB 229: The first question was whether lines 27 - 28, page 1 of this bill, conflict with HB 158. If it weren't for the repleaer in sec 7. of HB 158 there would be a substantive conflict between the two bills. The second question was whether the grant of jurisdiction over actions of an equitable nature to the district court would give that court jurisdiction over divorce cases. Since there would be a general grant of equity jurisdiction, no reason appears why this wouldn't be true. Nothing provides for exclusive jurisdiction over divorce cases in the superior court, and, under AS 22.15.030(b), "insofar as the civil jurisdiction of the district magistrate courts and the superior court is the same, such jurisdiction is concurrent." Sincerely, John M. Elliot Acting Executive Director By Arthur H. Peterson Legislative Counsel ----------------------- Page 58----------------------- MEMORANDUM March 7, 1967 SUBJECT: HB 175 and HB 105 TO: House Judiciary Committee Tom Fink, Chairman Re HB 175: The question was whether the citations in lines 14 to 16 are correct. It appears that they are. There is some confusion, however, in that AS 28.10.530, which is specifically included, refers to AS 28.10.510, which is specifically excluded. Tow suggestions: (1) change the wording in AS 28.10.530 to simply refer t "filing as provided in secs. 480 and 490 of this chapter;" and (2) delete the last sentence of AS 23.20.200(c) (lines 15 to 16 of the bill), as being unnecessary. Re HB 105: The question was in what cases can the court add to the judgment interest for the time prior to the date the judgment is rendered. The only general provision dealing with interest on judgments is AS 09.30.070 (the one being amended by this bill), and the only court rule is Civ. R. 78(e) -- neither of which speak to the question of cases appropriate for the award of interest, other than limited interest to money judgments. Superior Court Judge Thomas B. Stewart says he knows of no general law or rule or practice on this piont, but warns that it is possible that the statutes contain some buried provision applying to a certain cause of action and requiring or prohibiting interest. Although the amount of the potential award may be more certain in many contract cases than in most tort cases, present law appears to contain no criteria for determinign which cases would be appropri- ate for application of the amendment of AS 09.30.070 as proposed in HB 105. Arthur H. Peterson Legislative Counsel AHP:ee ----------------------- Page 59----------------------- MEMORANDUM March 13, 1967 SUBJECT: Committee bill request re the Supreme Court's recently promulgated Rules of Juvenile Procedure TO: House Judiciary Committee Tom Fink, Chairman RULE 26 of the RULES OF JUVENILE PROCEDURE: The name or picture of a juvenile under the juridictin of the juvenile court shall not be made available to the pub- lic unless authorized by court order accompanied by a written statement reciting the circumstances which support such authorization. AS 47.10.090(b): The name or picture of a minor under the jurisdiction of the court may not be made public by a newspaper, radio, or television station in connection with the minor's status as a delinquent or dependent child, except as authorized by order of the court. A person who violates this provision is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500 or by imprisonment for not more than one year, or by both. According to the March 9 Juneau Alaska Empire, Rep. Ted Stevens, in criticizing the rule, said "under the law, the minor first must be established as a delinquent child or a ward of the court." That appears to be incorrect. Although the statue con- tains the clause "in connection with the minor's status as a delinquent or dependent child," there is no requirement that there be a finding that the child is delinquent or dependent be- for the "name-or-picture" prohibition applies. perhaps Mr. Stevens was misquoted. (AS 47.10.080 provides for the determina- tion of delinquency or dependency, and in (f) states that a minor found to be delinquent or dependent is a "ward" of the court.") ----------------------- Page 60----------------------- MEMORANDUM -2- The same source quotes Mr. Stevens as sayin g"It [the Supreme Court] also overlooked the statute whereby a minor can be prosecuted for a traffic offense in the same manner as an adult." (AS 47.10.010(b) contains a general provision on this point; AS 28.30.010(d) applies only to driving a vehicle without the owner's consent.) In that under present law the District Court has jurisdiction over juveniles (but cv. HB 158) and traffic offenses there may be a conflict as Mr. Stevens implies. How- ever, the new rule does apply only to juveniles "under the jurisdiction of the juvenile court"; it is not a general pro- vision; and when the District Court considers a juvenile case (not a traffic case) it announces that it is now sitting as a juvenile court. So there is really no conflict. [Pencil: "And there is not really a dif. between the stat. and the rule in this respect."] The Emprie also cites Mr. Stevens as saying that is was the legislature's intention to protect the delinquent child, but not necessarily the wayward child, where some publicity can serve as a deterrent to others. neither the House nor Senate Journals for 1957 (when AS 47.10.090(b) [1957 SB 86] was enacted) contain any indication of the legislative intent on this point; existing statutes do not indicate that the new court rule is contrary to the legislative intent but only indicate that the intent was to protect juveniles - whether delinquent or dependent or "wayward" - from the stigma resulting from unnecessary publicity; and the statutes do not contain the "wayward" versus "delinquent" dis- tinction. (A hasty scan discloses that "wayward" only appears in AS 47. 10.010(a)(2).) There are two basic differences between the new court rule and As 47.10.090(b): (1) The rule requires that a written statement supporting the authorization accompany the court order while the statute only provides for the court order; and (2) The statute contains the qualifying phrase "in connection with the minor's status as a delinquent or dependent child," while the court rule refers to the "jurisdiction of the juvenile court". In regard to this second point, the result of both would seem to be pretty much the same. Only this first point establishes a bit more pro- tection for the juveniles by requiring the statement of justi- fication. Is this what the bill requested by your committee (via Mr. Tillion) would seek to amend? An additional difference between the statute and the rule is that the former specifies "made public by a newspaper, radio, or tele- vision station" while the latter simply says "made available to the public." Again, the result seems to be the same, and certainly this difference in language is no evidence of strongly conflicting "intents". Arthur H. Peterson Legislative Counsel ----------------------- Page 61----------------------- MEMORANDUM March 16, 1967 SUBJECT: HB 247 and proposed CS for HB 247 as they relate to AS 09.55.210 -- a sectinal analysis TO: House Judiciary Committee Tom Fink, Chairman 1. The basic change proposed by Section 1 is the removal of the con- sideration of "fault" (for the divorce) in determining custody of a child -- a factor not necessarily related to a party's ability to care for and raise the child, and certainly quite irrelevant when considering the bases for divorce under Alaska law. In addition, the original bill sets up an arbitrary age limit, after which no automatic preference (in awarding child custody) may be given to the mother. The CS removes the arbitrary age limit and introduces the concepts of "tender years" and "age to require education . . . ," both of which appear unworkable although the end sought is eminently sound. The CS also introduces the wishes of the child as a factor to be considered -- a situation which may already exist under case law, but which a statute would make definite. it was my observation while studying law in Michigan that the courts there tended to give automatic preference to the mother even when good reasons for not doing so were present, and I was under the impression this problem existed in other states, too. One of the staff attorneys who studied in Oregon says the malady is rampant there. It appears that some observers of the critics of this tendency fear that change would be a challenge to the sanctity of "Motherhood". Section 1 of the original bill needs a technical change and Sec- tion 1 of the CS needs substantial rewording. 2. Section 2 continues the elimination of the concept of "fault" in the determination of custody and support money by requiring both parents to contribute to the welfare of the child. (Present law says the court may provide for payment "from the party in fault.") The CS changes the original bill by substituting "by either or both parties" for "by both parties equally," and adds a provision for the establishement of a trust fund for the future education of the child; when the spouse having custody remarries, the payments from the other spouse would go into this fund. (This should probably be in a separate subsection.) ----------------------- Page 62----------------------- House Judiciary Committee -2- March 16, 1967 3. Section 3 again removes the "fault" concept and allows for alimony only when one party (not necessarily the wife) is phyiscally incap- able of earning a livelihood. The CS broadens this a bit by allowing alimony when the need is manifest and one of the parties is incapable of earning a living by reason of age or phyiscal condition. The CS also provides for the termination of alimony. This is not mentioned in the existing statute and I'm not sure how much it changes case law on the point. Daily care of a child, preventing employment, presents another problem that should be provided for in this section. I believe the courts in general -- I'm not yet sufficiently familiar with Alaskan courts -- are tending toward a more rational approach to alimony; but again they must fight the emotional cries of "Motherhood." The section should be reworded. 4. Section 4 limits the division of property to thta acquired during coverture. The CS removes the phrase "without regard as to which of the parties is the owner of the property" which appears in existing law and the original bill. Property held jointly or separately is included. A pencilled note at the bottom of page 2 of the CS says "specifically excluding separate property acquired by inheritence or gift." If that's what was intended, I don't think that's what was accomplished. 5. Section 5 of the CS is self-explanatory. It extends to both parties the courtesy formerly extended only to the wife. Arthur H. Peterson Legislative Counsel ----------------------- Page 63----------------------- Memorandum Subject: House Bill No. 221 To: House Judiciary Committee Tom Fink, Chairman The question was whether the proposed amendment to AS 04.15.020(e) would conflict with existing law because of the "shall" in line 18 of the bill. As you noticed, the second condition of the exception (lines 22 to 24) appears to avoid the conflict by requiring compliance with other provisions on the point. AS 04.10.440 requires the consent of a majority of the persons over 21 residing within a one mile radius of the proposed location of a liquor outlet before a license may be issued. So if HB 221 becomes law the board may issue a license only if the borough assembly and the residents within one mile agree. Your suggestion to delete the rest of the sentence after "municipality" in line 15 and define "school" to inclucle "college and university", of course, would avoid the question altogether. Arthur H. Peterson Legislative Counsel ----------------------- Page 64----------------------- 1968 Index ----------------------- Page 65----------------------- INDEX to work done for House Judiciary Committee - 1967 (This index does not reflect all bills considered by the committee, nor all reports issued by it, nor all amendments proposed by it.) Committee reports prepared for: House Bills Date Senate Bills Date 27 (CS) 3/15 50 (HCSCS am) 2/7 41 3/26 144 4/1 57 3/6 161 (CS) 3/7 92 (CS) 3/25 170 ? 103 3/4 194 (HCS am) 3/14 205 (CS) 3/23 215 (HCS) 3/19 212 4/4 216 (HCS) 3/19 213 2/22 220 (CS,Judic.) 3/15 213 2/19 241 (w/amendment) 3/11 234 3/14 246 (HCS) 3/4 254 ? 249 (am) 3/25 332 (CS) 3/13 253 3/21 333 3/4 255 (HCS) 3/22 337 3/4 261 (am) 3/4 343 3/4 265 (CS) 3/20 345 (CS) 3/4 332 (HCS) 3/15 350 2/19 344 3/23 354 2/5 339 (CS am) 3/19 354 2/6 395 3/26 358 (CS) 3/6 361 2/5 361 2/6 365 2/6 _________________ 388 2/6 _________________ 397 (w/amendment) ? 398 2/5 400 (CS) 3/21 403 (CS) 3/19 406 (CS) 4/1 412 2/5 416 2/23 417 2/6 419 3/6 447 2/27 450 2/21 462 2/6 (continued next page) ----------------------- Page 66----------------------- House Bills (cont) Date House Bills(cont) Date 461 2/1 562 3/19 463 2/6 575 3/26 464 2/6 583 (CS) 3/4 465 (CS) 3/4 594 (CS) 3/14 475 ? 595 (CS) 3/28 487 (CS) 3/4 627 3/27 505 (CS) 3/7 654 (CS) 3/23 506 (CS) 3/7 661 (CS) 3/19 521 3/19 662 (CS) 3/23 526 3/7 674 (drug package) 3/7 539 (CS) 3/7 679 3/26 548 3/7 695 3/27 557 3/21 706 4/1 558 3/13 707 4/2 559 3/14 ____________________ ____________________ Amendments Prepared for: CSHB 92 HB 212 CSHB 486 am (and see Committee Reports on HB 397 & SB 241 listed above) Memoranda: Date Subject 1/24 HB 167 1/29(& reply) SB 161 2/5 HB 406 2/10 Motor vehicles (conflict in AS 28) 2/21 Drug legislation 2/28 Drug legislation (info request letter) Committee Report on Resolution (unknown number) re rotation of chief justice ----------------------- Page 67----------------------- 1968 REPORTS, MEMOS, ETC. ----------------------- Page 68----------------------- T.F. 3/15/68 JUDICIARY COMMITTEE REPORT on CS For House Bill No. 27 This bil provides for a method for the owner of a vehicle, who sells his vehicle to give notice to the Department of Revenue that he is no longer the owner of the vehicle. Under current law, until title document is submitted by the buyer showing the transfer, the seller of the vehicle is still considered to be the owner of the vehicle. The committee substitute does not make it mandatory for the seller to give such notice, but permissive. Were the provision to remain mandatory on the part of the owner the paper work of the Department of Revenue for transferring titles would be considerably increased and the issuance of new titles would be considerably slowed down. ----------------------- Page 69----------------------- 3/26/68 JUDICIARY COMMITTEE REPORT on House Bill No. 41 This bill provides that the justices of the supreme court shall elect one of their number to be the chief justice and tha tthe justice so elected shall serve as chief justice for a term of three years. It also provides that the first election shall be held no later than one month after the membership of the supreme court has been increased to five justices. ___________________ Tom Fink, Chairmain ----------------------- Page 70----------------------- T,F. 3/6/68 JUDICIARY COMMITTEE REPORT on House Bill No. 57 This bill is designed to facilitate the passage of ordinances and emergency ordinances by the boroughs. It takes away some of the difficult mechanical procedures required in the passing of such ordinances. it makes the procedure considerably more like that of a city government. The Local Government Committee's committee substitute for House Bill No. 57 does not create any legal problems. The question is whether we should continue to make it difficult for a borough governmetn to operate because of some mechanical obstacles placed in its way. ----------------------- Page 71----------------------- 3/25/68 JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 92 This bill establishes a pilot public defender program to assure needy defendents of adequate legal representa- tion and to more equitably distribute the public obli- gation to provide this representation. The constitutional right to counsel is held by the needy as well as the financially secure, and presently the obligation with regard to the former is met almost entirely by the members of the legal profession alone. The committee substitute provides that a needy defendant who is served by the public defneder and who, within three years, acquires an ability to pay for the services shall do so. ___________________ Tom Fink, Chairmain ----------------------- Page 72----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 103 This bill broadens the definition of doing business in the State of Alaska insofar as insurance companies are concerned. Its effect will give the state jurisdiction over any insurance company having transations in the state. It is designed to protect the citizens of the state from insurance companies who cover risk in Alaska but are not subject to our laws or services of process within the state under current law. It will result in considerably increasing our premium- tax in- come. It will not require that insruance be bought through agents in Alaska but it will require that all companies covering risk in Alaska be licensed in Alaska and therefore subject to our jurisdiction. ___________________ Tom Fink, Chairmain ----------------------- Page 73----------------------- 3/4/68 JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 205 This bill provides that the owner or operator of a motor vehicle, vessel or aircraft is not liable for injury to a non-paying passenger, such as a hitchhiker or a friend, in case of an accident unless the accident was intentional or was the result of the owner's or operator's intoxication or his wilful and wanton disregard of the safety of others. This means that he, and therefore his insurance company, will not be legally bound to pay fo rinjry resulting from his ordinary negligence. ___________________ Tom Fink, Chairmain ----------------------- Page 74----------------------- 4/21/68 JUDICIARY COMMITTEE REPORT on House Bill No. 212 This bill provides that written agreements to arbitrate dispures are valid, enforceable and irrevocable, except as otherwise provided by law, and sets up a procedure for handling these agreements. The bill is based on a proposed uniform act approved by the House of Delegates of the American Bar Association and the national Conference of the Commissioners on Uniform State Laws. ___________________ Tom Fink, Chairmain ----------------------- Page 75----------------------- Art 2/22/68 JUDICIARY COMMITTEE REPORT on House Bill No. 213 This bill repeals a 1964 amendment which permitted a corporation to provide in its bylaws that a shareholder may not cumulate his votes when electing directors. By repealing that language, the law will allow share- holders to vote cumulatively if they desire, any bylaws notwithstanding. ___________________ Tom Fink, Chairmain ----------------------- Page 76----------------------- 2/19/68 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 213 This bill repeals a 1964 amendment which permitted a corporation to provide in its bylaws that a shareholder may not cumulate his votes when electing directors. By repealing that language, the law will prevent a majority on a board of directors from adopting a bylaw that would deny representation to the minority. Consequently, the welfate of shareholders who do not hold a majority of stock will also have to be considered when action is taken on behalf of the corporation. Section 2 of the bill states the public policy of protecting minority shareholders against oppression by the majority and of insuring fair- ness and equitable business practices. ___________________ Tom Fink, Chairmain ----------------------- Page 77----------------------- T.F. 3/14/68 JUDICIARY COMMITTEE REPORT on House Bill No. 234 This bill as amended is a simple conflict-of-interest statute. It requires that a public official must file a statement with the Department of Commerce within 30 days of any transaction in which he or any close relative has a financial interest in excess of $1,000. The public official is identified as anyone holding an office in the legislative, executive or judicial branch of state govern- ment, whether or not he receives compensation. ___________________ Tom Fink, Chairmain ----------------------- Page 78----------------------- JUDICIARY COMMITTEE REPORT on CS For HOUSE BILL No. 254 This committee substitute establishes the Division of Lands as the agency with the authoirty to vacate land plats in areas outside cities in the unorganized borough. Presently there is no state agency or polical sub- division with authority to officially vacate plats in these areas. Thus plats which may have been filed can- not be formally changed or vacated. The original bill would have also required the filing of plats in these areas with the Division of Lands, a procedure viewed as not necessary at this stage of the state's development and as placing too great a burden on areas of low population. ___________________ Tom Fink, Chairmain ----------------------- Page 79----------------------- T.F. 3/13/68 JUDICIARY COMMITTEE REPORT on CS For House Bill No. 332 This bill requires that anyone whose name is made available to the public as a practitioner of one of the healing arts or one who tests human functions must show after his name the particular field of licensure. It also provides that a dentist who performs surgery may designate his field of licensure as "dental surgeon" or "doctor of dental surgery." It is the opinion of the committee that this law refers only to those instances wherein the name is placed before the public as a practitioner of the healing arts or one who tests human functions. For example the committee believes that in the white pages of a telephone directory, the suffix is not necessary. In the yellow pages of the telephone directory the suffix is necessary. on the individual's letterhead the suffix is necessary and in a church bulletin the suffix is not necessary. The obvious purpose of the bill is to assure that the public is aware of the particular field of licensure of any individual who is a practitioner of the healing arts. The bill provides that the Department of Law may obtain an injunction to enforce this bill. ----------------------- Page 80----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 333 This bill imposes mandatory sentences on the first and subsequent convictions for the commission of certain serious crimes if the individual is carrying a firearm. There is a 10 year minimum sentence for the first offense and 25 years for a subsequent offense. ___________________ Tom Fink, Chairmain ----------------------- Page 81----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on House Bill No. 337 The present law recites that cities may construct, operate andmaintain moorage facilities. The proposed bill broadened the use of moorage facilities to small boat harbors, marine repair and supply facilities, docks, and dry docks. The occurance which caused introduction of the bill was that a federal bureau that had matching or engineering-studies money available for local governments took the position that moorage facilities did not include small boat harbors, marine repair and supply facilities, docks and dry docks. ___________________ Tom Fink, Chairmain ----------------------- Page 82----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 343 This bill as amended provides a method to properly validate a ballot of a challenged voter. Under the current law a votor may sign an affidavit that the is an eligible voter and proceed to vote. If at a subsequent time it can be proved that he was not an eligible voter his vote would already have been counted. This bill provides that a challenged voter shall vote much the same as an absentee voter and his ballot shall be approved by the absentee counters. ___________________ Tom Fink, Chairmain ----------------------- Page 83----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on CS For House Bill 345 In 1966 the legislature passed a law reciting that municipal governments could nt impose criminal penalties for violation of a general ordinance unless the ordinance was codified. This bill defines codification for the home rule city, the first class city and boroughs. It provides for two methods of codi- fication. These two methods permit these municipalities to impose criminal penalties for the violation of ordinances im- mediately after their passage if one of the methods is followed. ___________________ Tom Fink, Chairmain ----------------------- Page 84----------------------- 2/19/68 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 350 This bill simply raises from $100 to $200 the maximum membership fee which the Alaska Bar Association may charge. ___________________ Tom Fink, Chairmain ----------------------- Page 85----------------------- Art 2/5/68 JUDICIARY COMMITTEE REPORT on House Bill No. 354 This bill recognizes that in Alaska age 19 is the age of majority as well as the voting age, and, by lowering from 21 to 19 the age at which a person may drink alcoholic beverages, seeks to adjust an ineuity that is simply a carryover from the days when 21 was the age of majority. In Alaska a 20-year-old may be a city councilman or borough assemblyman, he may incorporate a co-operative, devise by will, convey land, donate his eyes to a hospital, sign bind- ing contracts and of course fight the nation's battles, but he can't buy a glass of beer. Opponents fo the bill generally state that a 19- or 20-year-old is not sufficienlty "adult" to drink alcoholic beverages. ___________________ Tom Fink, Chairmain ----------------------- Page 86----------------------- 2/6/68 JUDICIARY COMMITTEE REPORT on House Bill No. 354 This bill recognizes that in Alaska age 19 is the age of majority as well as the voting age, and, by lowering from 21 to 19 the age at which a person may drink alcoholic beverages, seeks to adjust an ineuity that is simply a carryover from the days when 21 was the age of majority. In Alaska a 20-year-old may be a city councilman or borough assemblyman, he may incorporate a co-operative, devise by will, convey land, donate his eyes to a hospital, sign bind- ing contracts and of course fight the nation's battles, but he can't buy a glass of beer. In proposing this change, the bill further recognizes that no sound medical, sociological or economic reason has been advanced for arbitrarily main- taining the "drinking age" at 21. ___________________ Tom Fink, Chairmain ----------------------- Page 87----------------------- T.F. 3/6/68 JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO.358 This committee substitute was proposed by the Health, Welfare and Education committee. The bill sets up a registry of persons with disabilities. Before anyone can be listed in this registry, he or his parent or guardian must furnish written consent. It is believed that this registry will facilitate the workings of our various agencies within the state. In theory, all of the treatment of the people listed in this registry will be contained in one file for the use of the various state agencies. ----------------------- Page 88----------------------- 2/5/68 Judiciary Committee Report on House Bill No. 361 This bill seeks to protect the beneficiary of an insurance policy against unnecessary delay by the insurance company when a claim is filed on a sum determinable at the time of filing. Payment of eight per cent interest on a determin- able sum is required. This is to compensate the claimant for the loss of the use of money owed him, and is not a penalty upon the insurance company. ___________________ Tom Fink, Chairmain ----------------------- Page 89----------------------- 2/6/68 Judiciary Committee Report on House Bill No. 361 This bill seeks to protect the beneficiary of an insurance policy against unnecessary delay by the insurance company when a claim is filed on a sum determinable at the time of filing. A date is established before which an insurance company has to make payment to avoid incurring an intrest obligation; after that date payment of eight per cent in- terest on a determinable sum is required. This is to com- pensate the claimant for the loss of the use of money owed him, and is not a penalty upon the insurance company. ___________________ Tom Fink, Chairmain ----------------------- Page 90----------------------- 2/6/68 Judiciary Committee Report on HOUSE BILL NO. 365 This bill seeks to prevent the delay, inconvenience, financial loss and frustration experienced by insurance claimants when payment by the insurance company is made in the form of an instrument not readily exchangeable for cash. The intent is to prohibit the use of what is commonly called a "sight draft", still used by some insurance com- panies, which requires an additional "acceptance" by the company before actual payment is made. ___________________ Tom Fink, Chairmain based on language in old Ariz. Rev. Stat. 23-353 ----------------------- Page 91----------------------- 2/6/68 Judiciary Committee Report ON HOUSE BILL NO. 388 Attempting to assure a high quality of law enforce- ment, this bill sets minimum qualifications for state and local police officers. Additional qualifications may be required by the Department of Public Safety and the local governing bodies, respectively. Recognizing that in some areas of the state high school graduation is not as comon as in other places, the committee substitute allows the department or the governing body to waive the education requirement when an individual possesses equivalent quali- fications. Officers serving on the effective date of the Act need not meet the requirements specified. ___________________ Tom Fink, Chairmain ----------------------- Page 92----------------------- Judiciary Committee Report on House Bill No. 397 This bill establishes in state law a specific prohibition of turning in false fire alarms. It provides for a significant penalty in addition to payment to the fire fighting authority for expenses directly involved in responding to a false fire alarm. The bill does not deal with incidental damages ex- perienced by third persons as a result of a false alarm, leaving that matter to be resolved by existing law. ___________________ Tom Fink, Chairmain ----------------------- Page 93----------------------- AMENDMENT Offered in the House By Judiciary Committee To: HB 397 Page 1, Line 12: Change "$300" to read "$1,000" Line 13 Change "to exceed 30 days" to read "more than one year" ----------------------- Page 94----------------------- 2/5/68 Judiciary Committee Report on House Bill No. 398 This bill increases by $50 the amount of a judgment debtor's income which is exempt from execution and makes the pro- vision applicable to women as well as men. ___________________ Tom Fink, Chairmain ----------------------- Page 95----------------------- T.F. 3/21/68 Art JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 400 This bill makes three or four changes in the current law regarding issuance of real estate licenses and expands the area of exceptions to the law. It changes the present comity provision to a reciprocity one, so that regardless of his qualifications a person licensed in another state may be licensed here on the basis of his out-of-state license only if that other state provides this privilege for Alaskans. The bill also provides that when acting under a power of attorney as an auctioneer a person may sell real estate if he is bonded in the amount of $5,000. A person employed by a real estate broker for the purpose of auctioning specific real estate is also exempted. ----------------------- Page 96----------------------- T.F. 2/5/68 JUDICIARY COMMITEE REPORT on CS FOR HOUSE BILL NO. 403 This bill substantially changes the current law in small estates. Currently, under some circumstances a $2,000 estate may be set aside to the distributees and under other circumstances a $6,000 estate may be set aside to the distributees. However, in both cases today, there is considerable expense required before the estate can be set aside. This bill provides that an estate up to $10,000 above all valid, recorded liens and encumbrances may be set aside to the surviving spouse or to the minor children. It requires that the administrator, surviving spouse, or guardian of the children must file an affidavit which contains a list of the debtors and must send a letter to the debtors reciting that the court will be requested to set aside the estate. Any debt not listed is not discharged and the court may, within six months of issuing an order to set aside an estate, vacate the order if the court determines that the affiant failed to list a debt. ----------------------- Page 97----------------------- 4/1/68 JUDICIARY COMMITTEE REPORT ON CS FOR HOUSE BILL NO. 406 This bill removes the inconsistency regarding citizen- ship requirements for the various professions required to take the basic sciences examination. By repealing the citizenship requirements where they bear no reason- able relationship to the public benefit sought, the bill also avoids two areas of constitutional challenge to existing provisions -- arbitrary discriminations among aliens lawfully in the United States and arbitrary dis- crimination between aliens and citizens. Individuals in these professions will still be required to possess the specified educational and personal qualifications. ___________________ Tom Fink, Chairmain ----------------------- Page 98----------------------- 2/5/68 Judiciary Committee Report on House Bill no. 412 This bill simply corrects an oversight in legislation enacted last year by bringing the 1967 provision under the penalty provision in the chapter on fisheries taxes. ___________________ Tom Fink, Chairmain ----------------------- Page 99----------------------- 2/23/68 JUDICIARY COMMITTEE REPORT on House Bill No. 416 This bill extends the application of the highly successfull work furlough program for prisoners. The committee substitute replaces the phrase "felony of a nonviolent nature or of a misdemeanor" with the word "crime" and adds a list of re- strictins. ___________________ Tom Fink, Chairmain ----------------------- Page 100----------------------- 2/6/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 417 This bill is primarily of benefit to the more remote areas of the state. it provides that under certain cir- cumstances when there is no judicial officer empowered to issue a warrant within 25 miles of the person to be arrested a peace officer, without a warrant, may arrest a person for a misdemeanor. Under present law an arrest for an misdemeanor without a warrant is permissible only when the misdemeanor was committed in the presence of the arresting person; the availability of a judicial officer is not considered. ___________________ Tom Fink, Chairmain ----------------------- Page 101----------------------- T.F 3/6/68 JUDICIARY COMMITEE REPORT ON House Bill No. 419 This bill is commonly called the truth-in-lending bill. It is the same bill which passed the United States Senate the end of last year with the exception that department store revolving accounts are not excluded as they were in the U.S. Senate bill. U. S. House, in the early part of this year passed the truth-in- lending bill which did not grant this exclusion but which added numerous other items. At this time the senate and house bills are in a Free Conference Committee in the U.S. Congress. This bill applies to all types of credit extension except credit extensions for business or commercial purposes or to governments or to credit transaction sother than real property transactions which total over $25,000. The bill requires that in all credit transactions all pertinent information must be printed, and particularly requires that in all transactions the simple annual interest rate be shown on the contract. it likewise requires such disclosures in advertising. ----------------------- Page 102----------------------- 2/27/68 JUDICIARY COMMITTEE REPORT on House Bill No. 447 Attempting to protect sea otter, this bill raises from the misdemeanor to felony category the violation of a statute or regulation dealing with that animal. ___________________ Tom Fink, Chairmain ----------------------- Page 103----------------------- Art 2/21/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 450 Under presnt law a corporation may be involuntarily dissolved by the superior court if the corporation is delinquent for a specified time in filing its annual report, payings its franchise tax, appointing a registered agent in the state or filing a statement of a change in its registered office or agent, or if it procured its articles of incorporation through fraud or it has continued to exceed or abuse its authority conferred by law. This bill changes the law by permitting the commissioner of commerce to dissolve the corpora- tion for the delinquencies, while the superior court retains juris- diction to dissolve for the fraud and athe abuse of authority. The bill also substitutes new provisions dealing with the procedures involved in and the consequences of this dissolution; it shortens from 10 to two years the time during which a corporation may obtain reinstatement and provides that certain actions are not affected by the dissolution. The committee substitute changes the original bill by postponing for six months the time when the name of the dissolved corporation may be adopted by another corporation, and by deleting the provision preserving pending actions since the preservation of them would seem to follow a for tiori from the preservation of remedies in AS 10.05.594. ___________________ Tom Fink, Chairmain ----------------------- Page 104----------------------- 2/6/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 462 This bill extends the jurisdiction of the district court to incude actions for the recovery of real property when the amount involved is not more than $3,000, which is comparable to the court's present jurisdiction over actions for the recovery of personal property. ___________________ Tom Fink, Chairmain ----------------------- Page 105----------------------- 2/7/68 JUDICIARY COMMITTEE REPORT on House Bill No. 461 Art This bill provides that an acting district judge serves at the pleasure of the presiiding judge of the superior court who appointed him. This does not change the provision that the governor appoints regular district judges after nomina- tion by the judicial council. ___________________ Tom Fink, Chairmain ----------------------- Page 106----------------------- 2/6/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 463 This bill simply corrects a clerical error in legislation enacted last year; the error - omission of this section - occurred too early in the legislative process for correction by the revisor of statutes after passage by the legislature. The section provides that the presiding judge of the superior court in each judicial district appoints the magistrates for the district, who then serve at his pleasure. ___________________ Tom Fink, Chairmain ----------------------- Page 107----------------------- 2/6/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 464 This bill simply includes, in the section requiring an approval or rejection of district judges at a general election, a reference to the provision for appointing district judges. ___________________ Tom Fink, Chairmain ----------------------- Page 108----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on CS For House Bill 465 This bill makes a very slight change n the composition of the state parole board. It provides that the member of the board who is also chairman of the board is to be one knowledge- able in the field of probation and parole but that he specifically may not be an employee or director of the youth and adult authority. The bill is recommended by the Department of Health and Welfare. ___________________ Tom Fink, Chairmain ----------------------- Page 109----------------------- JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 475 To restirc ta person's right to repudiate contracts entered into when he was a minor, this bill provides that a loan for higher education contracted for by a minor at least 16 years old is binding if the person making the loan has a certification of the minor's enrollment or accept- ance for enrollment from the institution of higher learning where the loan is to be used. ___________________ Tom Fink, Chairmain ----------------------- Page 110----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on CS House Bill 487 We presently have a law in regard to one who temporarily deprives the owner of possession of his vehicle, commonly known as joy riding. We do not have, however, in our current law, a section dealing directly with one who premanently deprives the owner of his vehicle or one which covers the permanent deprivation of personal property contained in the vehicle. This bill makes it a felony to deprive the owner of a car of its possession permanently and further makes it a misdemeanor if there is a permanent deprivation of property in or on the car under the value of $50 and a felony for a larger amount. ___________________ Tom Fink, Chairmain ----------------------- Page 111----------------------- T.F. 3/7/68 JUDICIARY COMMITTEE REPORT on CS For House Bill No. 505 This bill provides that in a trust deed forclosure, if the State of Alaska is named as the defendent, notice must set out the nature of the state's lien, including name and address of the person whose liability created the lien, the amount of the lien and the department of state government involved. The purpose of this bill is to save the state a considerable length of time in trying to determine on what basis they are a defendent in a trust deed foreclosure action. Generaly this information is available to the plaintiff and this bill is to require that it be set out. If the information is not available to the plaintiff, it need not be set out. ----------------------- Page 112----------------------- T.F. 3/7/68 JUDICIARY COMMITTEE REPORT on CS For House Bill No. 506 This bill recites that in any case where the state is made a defendent in the action, the plaintiff must set out the grounds on which the state is the defendent. Insofar as the plaintiff has in- formation, the complaint shall show the name of the person whose liability created the lien, where it is recorded, the amount of the lien and the state agency involved. ----------------------- Page 113----------------------- T.F. 3/19/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 521 This is an amendment to Workmen's Compensation law. The amendment provides that attorney fees may be awarded in any case where the employer does not file a timely notice of controversy or has failed to pay compensation or medical benefits within 15 days after they become due. The present law recites only compensation and leaves out the term "medical benefits". In many cases the failure is to pay the medical benefits and not to pay disability compensation. In these cases under existing law attorney fees may not be awarded. ___________________ Tom Fink, Chairmain ----------------------- Page 114----------------------- T.F. 3/7/68 JUDICIARY COMMITTEE REPORT ON House Bill No. 526 This bill provides that in the future all fish must be paid for by cash at the time of purchase, except that a copy of a $50,000 bond which is conditioned on the payment of the fishermen, or a copy of a certificate issued by the Department of Revenue reciting that the buyer has more than $150,000 of unencumbered real estate, may be shown in lieu of paying cash. The term "cash" includes accrediting the purchase price of fish against existing indebtedness to the buyer. The statute carries a penalty section. ----------------------- Page 115----------------------- T.F. 3/7/68 JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 521 This bill makes a modification in the qualifications for the permanent district judges that will be appointed near the end of this year. The law which we passed in the last session stated that any permanent district judge must be a member of Alaska Bar. This bill recites that those district judges serving on January 1, 1968 are eligible for consideration by the judicial council for appoint- ment to the bench this year. ----------------------- Page 116----------------------- T.F. 3/7/68 JUDICIARY COMMITTEE REPORT on House Bill No. 548 This bill limits the time that an individual is required to serve on a jury. it recites that within a two-year period of time, one need not be on a jury more than three months. ----------------------- Page 117----------------------- Art 3/21/68 JUDICIARY COMMITTEE REPORT on House Bill No. 557 This bill simply requires the reporting of gunshot wounds to law enforcement authorities by a person who is consultied for the treatment of, or who treats, such a wound. Failure to report is a misdemeanor, subject to a fine of up to $500 or imprisonment up to one year, or by both. ___________________ Tom Fink, Chairmain ----------------------- Page 118----------------------- T.F. 3/13/68 JUDICIARY COMMITTEE REPORT on House Bill No. 558 This bill changes the language in our statutes referrign to juveniles. It changes the word "juvenile" in every case to children. The change has been requested by the judge of the family court for the State of Alaska. The connotation of the word "juvenile" apparently is not good -- in other words -- the word "children" is good. ----------------------- Page 119----------------------- T.F. 3/14/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 559 This bill is required as a result of the formation of rural cooperatives which have systems over a vast expanse of Alaska. Because of the great distances involved in the inconvenience of getting all members of the cooperatives together for a meeting it is necessary to provide for meetings of district delegates. Therefore, the present cooperative law is amended by this bill by adding the phrase "or district delegate" every place the word "member" appears. It is necessary legislation for the proper functioning of rural cooperatives. ___________________ Tom Fink, Chairmain ----------------------- Page 120----------------------- T.F. 3/19/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 562 This bill prohibits the pollution of state waters and amends the fish and game law and in so doing it provides stiff penalties and censure of any vessels involved. The enforce- ment of this law, would be by the Fish and Game Department as opposed to the existing pollution laws enforced by the Department of Health and Welfare ___________________ Tom Fink, Chairmain ----------------------- Page 121----------------------- 3/26/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 575 There is some question on the part of public health officials and private practitioners as to the liability for examining or treating, or the obligation to examine or treat, a minor without his parents' or guardian's consent. This uncertainty is particularly unfortunate when a minor wishes to be examined or treated for venereal disease but does not want his parents to know of the likelihood of his hav- ing such a disease. The resutl is that the disease goes undiagnosed and untreated, and therefore it spreads. This bill makes clear that a person authorized to examine or treat others for venereal disease may examine or treat a minor without his parents' or guardian's consent, subject only to the same standard of care and liability as for an adult. This bill also makes this applicable to a female minor with regard to pregnancy. Tom Fink, Chairmain ----------------------- Page 122----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT ON CS FOR HOUSE BILL NO. 583 This bill has to do with the money and the liens of the welfare deparment on proerty which is taken under eminent domain powers. The bill provides that the Department of Health and Welfare with the approval of the attorney general may waive its lien or put conditions on its lien under specified circumstances. These new powers granted apply only to property which is used as a domicile of the owner. The money may be placed in escrow and used to purchase a new home for the owner, or the Department of Health and Welfare with the approval of the attorney general may release its lien and the cash may be given directly to the owern for use as he sees fit. The Committee Substitute includes all other welfare liens and not just those arising out of old age assistance. ___________________ Tom Fink, Chairmain ----------------------- Page 123----------------------- T.F. 3/14/68 JUDICIARY COMMITTEE REPORT ON CS FOR HOUSE BILL NO. 594 This bill attemps to aid in providing legal services for people who are unable to afford an attorney. We have in Alaska a corporation funded by OEO to provide legal service for those who cannot afford it. This particular bill recites that court filing fees and service of process fees need not be paid by such an individual. It further provides that the court may, in its discretion, exempt the needy persons from putting up the bond or under- taking in a civil action when a plaintiff desires to attach some assets of the defendant. ___________________ Tom Fink, Chairmain ----------------------- Page 124----------------------- Art 3/28/68 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 595 Presently there is some uncertainty about the application of the notice requirements in the Administrative Procedure Act (AS 44.62) to the proceedings of the Department of Natural Resources, and the department believes the present notice requirement in AS 31.05.050 is not appropriate. This committee substitute requires the depparment to follow the notice requirements in the Administrative Procedure Act. ___________________ Tom Fink, Chairmain ----------------------- Page 125----------------------- Art 3/27/68 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 627 This bill requires out-of-state subdivision developers to disclose to the Department of Commerce information on the subdivision development. It is intended to protect Alaskan purchasers of out-of-state subdivision land against possible fraud. it also provides for Alaska court jurisdiction over out-of-state developers doing business in Alaska. ___________________ Tom Fink, Chairmain ----------------------- Page 126----------------------- 3/23/68 JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 654 This bill provides that service of administrative summons by the Department of Revenue to examine papers and inter- rogate persons regarding tax matters should be in the manner set out in the Rules of Civil Procedure for courts. ___________________ Tom Fink, Chairmain ----------------------- Page 127----------------------- T.F. 3/19/68 JUDICIARY COMMITTEE REPORT on CS For House Bill No. 661 This bill provides for statutory method to remove or censure any of the judges in our court system. Upon passage it will be immediately effective insofar as district judges are concerned and will be effective insofar as superior and supreme court judges are concerned upon the adoption of the constitutional ammndment as set out in JHR 74. AS ser out in the committee substitute a commission will consist of nine members with staggered four year terms. no member of the judicial council may be on this commission. After thorough and confidential investigation the commission may recommed to the supreme court that the judge be removed or suspended. The supreme court will make the final decision as to removal. Today the supreme court and superior court judges can only be removed through impeachment proceedings by the legislature or in the case of incapacity can be removed by the governor after a board of three investigate and make such a recommendation to the Governor. District judges today can be removed by the presiding judge of the superior court since he appoints them. However, as a result of a statute passed in the last session, beginning January 1969, district judges will be permanent and have tenure, which means that the superior court judge can no longer remove them. Without the passed of this particular bill a district court judge could only then be removed due to incapacity or by impeacement by both houses. ----------------------- Page 128----------------------- 5/23/68 JUDICIARY COMMITTEE REPORT on CS FOR HOUSE BILL NO. 662 This bill is one of the products fo the first stage of the revision of the Alaska Administrative Code and the Admin- istrative Procedure Act. In working on this project the staff of the Legislative Affairs Agency has encountered a great amount of uncertainty on the part of some administration of- ficials as to the various requirements of the APA and as to the distinction between laws and administrative regulations and between the Alaska Statutes and the Alaska Administrative Code. This uncertainty has resulted in unintentional violations of the APA and in an administrative code that is difficult to use. This result is understandabel since nonlawyers, who may be experts in their own fields, are being required to write, analyze, interpret and apply complex legal matter. With the establishment of the position of regulations at- torney in this bill the respective functions relating to administrative regulations will be more rationally assigned and more efficiently handled. This should result in a great savings to the state and in a superior administrative code. ___________________ Tom Fink, Chairmain ----------------------- Page 129----------------------- T.F. 3/7/68 JUDICIARY COMMITTEE REPORT ON Drug Package Legislation The drug package consists of five bills and two resolutions. Some of the bills and one resolution are applicable equally to areas other than drugs. SCR 20 requests incorporation of mind- altering drugs education in our schools. We believe that considerably more education in this area is probably the msot important item to be accomplished. HCR 47 expresses to the chief justice our disapproval of short sentences and suspended sentences. It requests that an analysis and seminar be conducted by the judicial system leading to more uniform sentences and a better understanding of the judiciary by the populace. It specifically requests a report to the legislature next year. This resolutin is also applicable to areas other than drugs. House Bill 674 broadens the use of search warrants to include warrants for searching for evidence in any crime. Presently, a search warrant can only be issued in the case of a felony and can only be issued to obtain solen property used as a means of com- mitting a felony and property in the possession of persons who intend to use it as a means of committing a crime. This bill broadenes the use of search warrants as a result of a recent U.S. Supreme Court case. This bill is also applicable to areas other than drugs. ___________________ Tom Fink, Chairmain ----------------------- Page 130----------------------- House Bill 675 defines a life sentence as a sentence for the actuarial period of life of the person sentenced from the date of his sentence provided that no one on a life sentence may be paroled until after he has served 15 years. This too is applicable to other areas. House Bill 673 recites that one cannot deny the criminal intent because of bein gunder the influence of a drug in violation of the drug act, the same as a defense is denied when under the influence of alcohol. Without this act it is conceivable that a person who commits a crime involved intent when under the influence of a drug could take the position that he was unable to have any intent because of his mental condition. House Bill 567 is probably the most difficult in that it offers a reward to anyone giving evidence leading to the arrest and con- viction of one selling prohibited drugs to a minor. This bill as amended, offers a $2,000 reward. Although it is a drastic measure it is believed to be proper in this area. House Bill 486 is the primary bill. It essentially is the latest food and drug administration version of the so called uniform drug abuse control act with these changes: 1. The seizure of drugs without warrant is excluded. 2. Our Commissioner of Health and Welfare provides the list of substances similar to those listed drugs instead of the federal government. ----------------------- Page 131----------------------- This bill defines stimulant depressant, hallucinogenic drugs. It places a misdemeanor penalty against one who is a possessor - user. It places a felony penalty against a possessor - pusher and all other violators. The first felony violation carries a penalty up to 25 years and a fine of $20,000 or both. The second felony violation or the first, ff the violation is the sale to a minor, carries a penalty up to any term of years or life and $25,000 fine or both. The bill amends the narcotics act by applying the same penalties for violations of the narcotics act as we have for the dangerous drugs. It also XXX places marijuana under the drug abuse act and takes it out of the narcotic act. Marijuana is classified as a depressant, stimulant or hallucinogenic drug. The penalties are severe but do not carry minimums. ----------------------- Page 132----------------------- 3/26/68 JUDICIARY COMMITTEE REPORT ON HOUSE BILL NO. 679 This bill attempts to more adequately compensate an attorney when he is required to interrupt his law practice in order to represent an indigent defendant on a virtually unpaid basis. It provides that he may be reimbursed by the state for his services, with the rate based upon the standard minimum bar fees for the area in which he regularly practices. He is also en- title to expenses necessarily incurred by him in repre- senting the indigent person. ___________________ Tom Fink, Chairmain ----------------------- Page 133----------------------- Art 3/27/68 JUDICIARY COMMITTEE REPORT ON House Bill No. 695 This bill gives the commissioner of commerce or his desginee authority to issue an order directing a person to cease and desist an act or practice in violation of the Alaska Securities Act of 1959 (AS 45.55). Presently the commissioner or his designee only has authority to bring an action in the superior court to enjoin such acts or practices. ___________________ Tom Fink, Chairmain ----------------------- Page 134----------------------- Art 4/1/68 JUDICIARY COMMITTEE REPORT on House Bill No. 706 Last year when the House considered House Bill No 4, establishing a new chapter on nonprofit corporations and repealing the old one, an attempt was made to exclude religious corporations from the application o fthe new chapter and to have the existing law appy to them. As a technical matter the method chosen to accomplish this was unsuccessful, and it is something the Revisor of Statutes cannot lawfully correct. Therefore HB 706 was introduced to re-enact the old law dealing with religious corporations. The effective date of this bil coincides with the effective date of HB 4. ----------------------- Page 135----------------------- 4/3/68 JUDICIARY COMMITTEE REPORT on HOUSE BILL NO. 707 This is a revisor's bill prepared under the authoirty of As 01.05- -36. Under AS 24.30.020 it is not limited by the "on subject rule". A synopsis of the bill follows: Sections 1, 6, 8, 10, 11, 12, 13, 14, 15, 17, 19 and 21 correct typographical, printing, citation and other clerical or mechanical errors. Regarding sections 13 and 14, see sec. 6(9) and 6(10), ch. 135, SLA 1961. Sections 3, 4, 5 and 18 make the provision sin those sections con- sistent with current law. Regarding section 2, see As 08.98.010. Regarding section 4, see AS 08.01.010 and 050. Regarding section 5, see ch. 24, SLA 1966. The section being amended here seems to have caused more diffculty than other section sin Title 22 having the same defect. A more thorough review of this title, to make similar correction sin other sections, will be conducted before the next session. Regarding section 18, see As 08.88.011. Section 3 clears up some possibly ambiguous language. Section 7 corrects an error that occurred in preparation of the final version of HB 438 (see sec. 1, ch. 26, SLA 1968). The state bond counsel strongly urges this correction in order to avoid mis- interpretatins of the statute. Section 9 adds a provision that was inadvertently omitted when the Alaska Statutes were adopted in 1962. This allows the Department of Revenue to accept advance paymetn of nonresident business taxes in lieu of the bond required. (See sec. 1(c)(2), ch. 71, SLA 1955.) Section 15 deletes confusing language. A "political subdivision" of a state is usually thought of as a city, a county, a borough, etc., and not as a state agency. The deletion will not interfere with the structure or functioning of the organization involved. Section 2 clears up confusion about the maximum interest rate that may be specified in a contract. Before March 9, 1939 the legal maximum was 10 per cent, and contracts entered into before that date and specifying up to that rate are constitutionally protected and may be enforced. The amendment makes clear that the present maximum is 8 per cent. ___________________ Tom Fink, Chairmain ----------------------- Page 136----------------------- Art 2/7/68 Ann JUDICIARY COMMITTEE REPORT ON HOUSE CS FOR SENATE BILL NO. 50 am This bill requires the licensing of outfitters, master guides, registered guides and assistant guides, and specifies qualifications for each. The House Committee Substitute changes the Senate Committee Substitute, as amended, by making the Fish and Game Board responsible for this licensing rather than create a new board. it also allows the commis- sioner of fish and game to give master guides and assistant guides a limited enforcement authority, and it requires all guides to report violations of fish and game statutes and regulations. Assistant guides may refuse to accept the enforcement authority. ___________________ Tom Fink, Chairmain ----------------------- Page 137----------------------- Art 3/19/68 JUDICIARY COMMITTEE REPORT on Senate Bill No. 144 This bill, dealing with highway beautification, is necessary in order for the state to qualify for certain Federal financial assistance. It provides for the development and improvement of highways and the regulation of junk yards and outdoor advertising. ___________________ Tom Fink, Chairmain ----------------------- Page 138----------------------- T.F. 3/7/68 Art JUDICIARY COMMITTEE REPORT on CS FOR SENATE BILL NO. 161 This bill repeals the present contractors licensing law and re- places it with a new law. The proposed bill covers the contractors in the entire state as opposed to existing law which covers only in the earth quake areas. the proposed law does not have a board but licenses rather are issued by the Department of Commerce. The essential feature of the proposed law is that the contractor must have a bond in the amount of $5,000 if a general contractor and $2,000 if a specialty contractor guaranteeing the payment of his employees' wages, taxes, suppliers, for any breach of contract and any damage done to public facilities. The bill specifically provides that a contractor cannot be required to post a license bond for purposes of obtaining a contractors license from any municipality. ----------------------- Page 139----------------------- House JUDICIARY COMMITTEE REPORT on Senate Bill No. 170 The primary function of this bill is to make certain reproductions of original public records serve as the original records for all purposes, including court use. It thus permits and encourages microfilming which will eventually result in a great saving of storage space. the committee substitute seeks to insure that when the specified type of reproduction is made the original record is not automatically destroyed. This recognizes that it is desirable to preserve some types of original records and that in such instances microfilming will aid in this preservation, both by assuring a spare copy and by providing a use copy so that wear and mutilation of the original is avoided. The Department of Ad- ministration and political subdivisions are required to establish and publish criteria for the retention and disposal of original records. ___________________ Tom Fink, Chairmain ----------------------- Page 140----------------------- T.F. 3/14/68 JUDICIARY COMMITTEE REPORT ON HCS FOR SENATE BILL NO. 194 am This is a rather lengthy bill which has been requested by the people in the collection agency business in Alaska, for purposes of licensure of collection agencies. Under the bill the Department of Commerce shall issue the licenses. There shall be a three-man board which may set up rules and regula- tions; one of their members shall be designated by the Commission- er of Commerce from his staff. The bill sets up the necessary qualifications for an operator's license and for an agency license. It provides a grandfather clause for existing credit agencies; it also provides for a nonresident collection agency. a $5,000 bond is also required. This bill requires that within 30 days after the end of each month the collection agency must remit any collections made in excess of $20 for any one account. It further requires that semi-annually the operator must give a current list of his employees to the Department of Commerce. This bill has become particularly important s the result of some individuals involved in the collection agency business in the last two years in the State of Alaska. ___________________ Tom Fink, Chairmain ----------------------- Page 141----------------------- Art 3/19/68 JUDICIARY COMMITTEE REPORT on HOUSE CS FOR SENATE BILL NO. 215 Present law relating to eminent domain proceedings requires the appointment of a master to determine the amount to be paid to the owner of property, or other person having an interest in it, when it is taken for a public use. The result is that both the agency taking the property and the person having the interest have to bring all of their evidence and expert witnesses before the master as well as before the jury, a very costly duplication. The purpose for establishing the master procedure was to avoid un- necessary jury trials, but in the far greater percentage of cases the master's decision is appealed and a jury trial held anyway. Often all parties to the proceeding intend to appeal from the master's decision even before it is rendered, yet under present law the requirement of going before the master may not be waived. This committee substitute provides that there shall be a master's hearing unless one of the parties to the action objects to the appointment of a master, in which case the action may go directly to a jury trial. The original bill would have established a pro- cedure for going before a three-man commission instead of the master. It was felt that this procedure was too cumbersome and some provisions of the bill put the right to a jury trial in question. ___________________ Tom Fink, Chairmain ----------------------- Page 142----------------------- 3/19/68 Art JUDICIARY COMMITTEE REPORT on HOUSE CS FOR SENATE BILL NO. 216 This bill proposes changes in the Supreme Court's Rules of Civil Procedure paralleling the statutory changes proposed in SB 215, in order to have consistency between the rules and the statutes. The committee substitute parallels the com- mittee substitute for SB 215. ___________________ Tom Fink, Chairmain ----------------------- Page 143----------------------- T.F. 3/19/68 JUDICIARY COMMITTEE REPORT on Judiciary CS for CS Senate Bill 220 This bill establishes a lien for towing and storage of vehicles properly towed and stored. The committee substitute limtis the lien to a maximum of $100. The lien may consist of the towing charges according to a filed tariff and of storage at the rate of $1 per day. it provides that the lienor may sell the vehicle for the amount of the lien after it has held its position for 90 days. Under current law the charges for towing and storage are not prior to a recorded lien holder. Under the propsed bill said charges shall e prior to the maximum extent of $100. ----------------------- Page 144----------------------- To Fink 3/11/68 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 241 This bill prohibits improper use of the state seal. The amendment simply deletes language made unnecessary by the general definition of the word "person" in AS 01.10.060(7). ___________________ Tom Fink, Chairmain ----------------------- Page 145----------------------- AMENTMENT In the HOUSE By Judiciary Committee To: SENATE BILL NO. 241 Page 1, line 11: Delete", firm, association or corporation" ----------------------- Page 146----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT ON HCS FOR SENATE BILL 246 This proposed law draws our statutes on proclamation of martial law into compliance with out constitution. It throws out the use of complete or limited martial law and recites that the governor may proclaim martial law as set out by the constitution and may at the time of proclaiming martial law re- cite the functions which are necessary to be taken over by the militia. ___________________ Tom Fink, Chairmain ----------------------- Page 147----------------------- 3/25/68 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 249 am This bill gives the Department of Public Safety authority to adopt regulations relating to the cooperation between members of the department and local police officers with regard to information on criminals. These regulations are to be submitted to the legislature on the day it convenes, and if not disapproved within 60 days they become effective at a date designated by the department. ___________________ Tom Fink, Chairmain ----------------------- Page 148----------------------- Art 3/4/68 JUDICIARY COMMITTEE REPORT on Senate Bill No. 253 This bill establishes the Governor's Planning Council on the Administration of Justice. The council is to study and make recommendations regarding crime, criminal justice and criminal law. The council may employ a staff and may accept federal and private money. ___________________ Tom Fink, Chairmain ----------------------- Page 149----------------------- Art 3/22/68 JUDICIARY COMMITTEE REPORT on HOUSE CS FOR SENATE BILL NO. 255 This bill provides for the awarding of attorney fees and expert witness fees under certain circumstances in eminent domain proceedings. The committee substitute makes this provision applicable to the condemnor as well as the con- demnee. The bill also provides for reimbursement to a property owner for certain expenses incident to condemnation. The committee substitute changes the maximum permissible payment for moving expenses when the state may be reimbursed under a Federal program. ___________________ Tom Fink, Chairmain ----------------------- Page 150----------------------- T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on Senate Bill No. 261 am Our existing law prohibits minors under the age of 17 from entering pool rooms or card rooms. This bill strikes the reference to pool rooms so that the prohibition will only apply to minors under the age of 17 in a card room. It does not change the law insofar as any establishment where liquor is served. The bill was introduced, because today we have a decided trend of development of pool halls which are pleasant and fit surroundings, much like bowling alleys. ___________________ Tom Fink, Chairmain ----------------------- Page 151----------------------- Art T.F. 3/4/68 JUDICIARY COMMITTEE REPORT on CS For Senate Bill no. 265 This bill provides for a maximum liability for valuables stored in a hotel and for liability of the hotel operator for negligence if any other baggage is lost or destroyed. It also provides for a hotel or boardinghouse operator's lien on all baggage for any bills owing to the operator. After a specified time he may sell the baggage to satisfy the lien. The bill further establishes a felony with a maximum sentence of five years for defrauding or cheating a hotel operator if the amount of money involved is more than $100. If the amount in- volved is less than $100 the crime is a misdemeanor with a maximum sentence of six months. Certain factors are specified which are to be considered prima facie evidence of the fradulent intent. And the bill repeals the section in existing law which requires a hotel operator to post a copy of the law in each room. ----------------------- Page 152----------------------- T.F 3/4/68 JUDICIARY COMMITTEE REPORT ON HCS For SENATE BILL 332 This bill, in the form of the committee substitute, does not change the penalty for leaving the scene of an accident unless physical harm is done to an individual. Section 2 of the committee substitute specifically provides that if one leaves the scene and there is an injured person at the scene that the penalty is substantially in- creased. It provides that upon conviction one may be imprisoned for not more than 10 years or fined not more than $10,000 or both. The bill as amended is aimed at substantially increasing the penalty for a hit an drun driver who injures an individual. ----------------------- Page 153----------------------- 3/23/68 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 344 This bill simply establishes a penalty for persons selling intoxicating liquor in an area where a local option election has made this illegal. ___________________ Tom Fink, Chairmain ----------------------- Page 154----------------------- T.F. 3/19/68 JUDICIARY COMMITTEE REPORT ON CS For Senate Bill No.339 am This bill as amended will allow municipalities to issue revenue bonds providing for the payment of principal and interest from any unpledged revenues of a combined system of public works. The present law provides that revenue bonds may provide for the repayment only from unpledged revenues of a specific public works. There is a current problem in the Nome area wherein revenue bonds can be issued if the municipality can pledge the revenues of an entire public works system. ___________________ Tom Fink, Chairmain ----------------------- Page 155----------------------- 3/26/68 JUDICIARY COMMITTEE REPORT ON SENATE BILL NO. 395 This bill amends the Administrative Procedure Act by providing that meetings of a hospital medial staff, or governing body or committee of a hospital, when acting upon matters of professional qualifi- cations, privileges or discipline need not be open to the public. Juries, parole boards, etc., are similarly exempted from the open-meeting requirement. Tom Fink Chairman ----------------------- Page 156----------------------- AMENDMENT Offered in the HOUSE By the Judiciary Committee TO: CS FOR HOUSE BILL NO. 92 Page 7, Between lines 3 and 4 insert: " * Sec. 2. AS 39.25.120 is amended by adding a new paragraph to read: (7) attorney members of the staff of the public defender agency." Page 7, line 4: Change "2" to read "3" ----------------------- Page 157----------------------- AMENDMENT IN THE HOUSE BY THE JUDICIARY COMMITTEE TO: House bill No. 212 Page 1, line 15 after the period, add "However, this chapter does not apply to a labor-management contract unless it is incorporated into the contract by reference." ----------------------- Page 158----------------------- As a result of the amendments made in the House to CSHB 486, the following amendment to the rehabilitation section should be made: AMENDMENT IN THE SENATE TO: CSHB 486 am Page 8, Line 24: Change the period to a comma and add: "if it is his first or second conviction. If it is his third or subsequent conviction he may be committed to the custody of the department for rehabilitative treatment for nto more than five years." Page 12, Line 16: After "department" insert "of health and welfare". Chnag ethe period to a comma and add: "if it is his first or second conviction. If it is his third or subsequent conviction he may be committed to the custody of the department for rehabilitative treatment for not more than five years." These changes were undoubtedly just overlooked when the other amendements were made. ----------------------- Page 159----------------------- AMENDMENT IN THE HOUSE BY THE JUDICIARY COM. TO: SENATE BILL NO. 347 am Page 1, Line 10: After "person" insert "who". After "organization" insert "which". Page 1, line 11: Change "operating" to "operates" and "furnishing" to "furnishes". Page 1, Line 12: After "contract" insert "and which does not have a chartered local in this state". Page 1, Line 18: Delete sec. 2. Page 2, Line 1: Delete the "(a)". Page 2, Line 2: Delete", agent or employee". After "national" delete the comma and insert "or". Page 2, Line 3: Delete "or local". Page 2, Lines 4 - 5: Delete "to wilfully refuse to aid in, or". Page 2, Line 6: Delete "or other unlawful act". Page 2, Line 9: Delete subsection (b). Page 2, Between lines 14 and 15: Insert: XXXXXXXXXXX "Sec. 23.40.055. CIVIL ENFORCEMENT. In addition to the criminal penalties provided in sec. 60 of this chapter, the attorney general may enforce the provision sof this chapter by appropriate civil proceedings, including xxxxxxxxxxxxxxxxxxxxx injunctive relief, against threatened, repeated, or continuous viola- tions of this chapter or regulations promulgated under it. These proceedings may be brought against an officer, agent or employee of an internationl, national or local labor organization. "Sec. 23.30.057. EXEMPTIONS. (a) The commissioner may grant an exemption from the provisions of this chapter to a labor organiza- tion which ----------------------- Page 160----------------------- - 2 - who reside in Alaska "(1) has so few xxxxxxxxx members/that chartering and operating a local would work a financial hardship on these members; [struckthrough]however, this exemption may not be granted to a labor organization which has 500 or more Alaska residents as members, [/struckthrough] "(2) maintains local-hite preference provision sin all of its labor-management agreements in the state; and "(3) maintains provision sin its constitution and bylaws for the election, by and from among the members of the organization who reside in Alaska, of a business agent or other person in charge of hiring-hall, dispatch or grievance procedures. "(b) Exemptions granted under this section shall be applied for and granted on an annual basis in accordance with regulations promulgated by the department. No exemption may be granted under this section to a labor organization which has 500 or more Alaska residents as members." page 2, lines 16-17: Delete "or local". Page 2, Line 19: Delete "for each offense". Page 2, Line 20: Delete "agent or employee". Page 2, Line 21: Delete "or local". XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ----------------------- Page 161----------------------- 1/24/68 MEMORANDUM SUBJECT: HB 167 - a sectional analysis, etc. TO: House Judiciary Committee Tom Fink, Chairman Subsection (a) of the proposed re-enactment of AS 11.20.275 appears to simply duplicate As 11.20.150, and in doing so creates a conflict between the penalty provisions. The proposed law makes larceny (although that word isn't used) a misdemeanor while existing law makes it a felony. See AS 11.05.010 and 11.75.030 for the distinction between misdemeanors and felonies. Subsection (b) changes existing law slightly by expanding the the term "retail business establishment" to "premises" and by removing the "intent" element of the crime, i.e., "intent to deprive the owner. . . . " Thus, wholesale businesses, warehouses, display rooms, etc., would come under the pro- tection of the shoplifting law. Subsection (c) is virtually identical to existing law. Subsection (d) defines the concept of "consent" as used in (a) and (b). The bill should be amended to clear upthe problem created by (a). Arthur H. Peterson Legislative Counsel ----------------------- Page 162----------------------- Intoruced: 2/14/67 Referred: Commerce and Judiciary IN THE HOUSE BY STEVENS HOUSE BILL NO. 167 IN THE LEGISLATURE OF THE STATE OF ALASKA FIFTH LEGISLATURE - FIRST SESSION A BILL For an Act entitled: "An Act relating to removal and concealment of mer- chandise. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 11.20.275 is repealed and re-enacted to read: Sec. 11.20.275. REMOVAL AND CONCEALMENT OF MERCHANDISE. (a) A person who takes or removes any merchandise or thing of value from the premises where the merchandise or thing of value is kept for the purposes of sale, barter or storage without the consent of the owner or person lawfully entitled to the possession of the merchandise or thing of value is guilty of a misdemeanor. -conflicts w/ 5150 (b) A person who, without authoirty, wilfully conceals upon or about his person any merchandise or thing of value whil estill upon the premises where the merchandise or thing of value is kept for purposes of sale, barter or storage without the consent of the owner or person lawfully entitled to its possession is guilty of a misdemeanor. (c) Any merchandise or thing of value foun dconcealed upon or about the person and which has not been purchased by the person is prima facie evidence of wilful concealment under (b) of this section. (d) In this section "consent" means express consent, or consent implied by possession of a sales ticket, slip or receipt issued for and accompanied by the article or articles of merchandise or other thing of value HB 167 -1- ----------------------- Page 163----------------------- January 29, 1968 Mr. Normal L Schwalb, Manager Alaska Chapter Associated General Contractors Box 3-4088 Anchorage, Alaska 99501 Dear Mr. Schwalb: In connection with Senate Bill no. 161 (with which you are no doubt familiar), I have been requested to write to your organization for a reference to some other state's law which you feel properly deals with the licensing and or bonding of contractors. If your organization cannot provide information on the relevant law in all other states please suggest one that can. The bill is presently under consideration and your prompt reply would be greatly appreciated. Thank you. Yours truly, John M. Elliott Executive Director By Arthur H. Peterson Legislative Counsel AHP/eh ----------------------- Page 164----------------------- ALASKA ASSOCIATED GENERAL CONTRACTORS OF AMERICA CHAPTER BOX 3.4088 • ANCHORAGE, ALASKA 99501 TELEPHONE 272·3417 NORMAN L. SCHWALB MANAGER January 30, 1968 Mr. John M. Elliott Executive Director Legislative Affairs Agency Pouch Y - State Capitol Juneau, Alaska 99801 Attention: Mr. Arthur H. Peterson Legislative Counsel Dear Sir: In your 1etter of January 29, 1968, you inquire as to other states contractors licensing law. It seems to be nationally recognized that probably the best and most complete law covering this subject is that of the state of Nevada. I am not too familiar with other state laws, but it is my understanding that many have been copied from the Nevada statute. Yours truly, Norman L. Schwalb Manager NLS:clc ----------------------- Page 165----------------------- February 5, 1968 Mr. Edgar Paul Boyko Attorney General Department or Law Pouch K Juneau, Alaska 99801 Dear Mr. Boyko: The House Judiciary Committee bas asked me to get an opinion from the attorney general on the valla1ty, under the U. S. Const1tution and recent federal civil rlghts legislation, of a provision such as that proposed by House Bill No. 406 -re (copy enclosed). Five specific questions were raises: basic sciences exam qualif. 1. Is the practice of a profession or pursuit of an occupation a right or privilege? 2. May a state discriminate between a citizen of the United States and a noncitizen? 3. It so, are there any limitations on this d1s~ crimination 4. With regard to citizen versus noncitizen dis- crimination in professional and occupational licensing, does the the fact that members of the legal profession become "officers of the court" and swear to uphold the consitution, etc., justify the citizenship requirement for that profession when it would not be valid for others? 5. May a state discriminate between noncitizens, as this bill and AS 08.64.200(1) do? The committee presently has the bill under consideration and, needless to say, would appreciate an early reply. Thank you. Yours truly, Arthur H. Peterson Legislative Counsel Enclosure ----------------------- Page 166----------------------- March 30, 1968 The Honorable Tom Fink Chairman House Judiciary Committee State Capitol Building Juneau, Alaska 99801 Dear Representative Fink: Reference is made to your request of Feb- ruary 5, 1958 for an opinion as to the validity of HB 406. As stated in Governor Hickel's letter of transmittal to the legislature the purpose of HB 406 is to reconcile an inconsidency presently found in AS 08.16.140 (2) and 08.64.200 (1). it is the opinion of our office that rather than amending both of these sections to make them consistent it would be better to delete both sections and thus remove the possibility of constitutional challenge. In order to prohibit aliens from the practice of medicine there must be a rational basis for such discrimination., If there is no rational basis, such prohibition would violate the equal protection clauses of the United States and Alaska Constitutions. While it might be reasonable to restrict the issuance of license to practice medicine to only those aliens with a command of the English language, with a medical education satisfying United States standards, and with the ability to pass a regorous state examination it would be unreasonable to exclude all aliens from the practice of medicin in this state. There are ----------------------- Page 167----------------------- The Honorable Tom Fink March 30, 1968 Juneau, Alaska Page 2 undoubtedly many aliens from countries other than the United States, Canada, or the United Kingdom who are fully qualified. Therefor the present prohibition found in the statutes is too broad and should be eliminated. Sincerely EDGAR PAUL BOYKO ATTORNEY GENERAL By G. Kent Edwards Deputy Attorney General EPG/CKE/isw ----------------------- Page 168----------------------- March 30, 1968 The Honorable Tom Fink Chairman House Judiciary Committee State Capitol Building Juneau, Alaska 99801 Dear Representative Fink: Reference is made to your request of Feb- ruary 5, 1958 for an opinion as to the validity of HB 406. As stated in Governor Hickel's letter of transmittal to the legislature the purpose of HB 406 is to reconcile an inconsidency presently found in AS 08.16.140 (2) and 08.64.200 (1). it is the opinion of our office that rather than amending both of these sections to make them consistent it would be better to delete both sections and thus remove the possibility of constitutional challenge. In order to prohibit aliens from the practice of medicine there must be a rational basis for such discrimination., If there is no rational basis, such prohibition would violate the equal protection clauses of the United States and Alaska Constitutions. While it might be reasonable to restrict the issuance of license to practice medicine to only those aliens with a command of the English language, with a medical education satisfying United States standards, and with the ability to pass a regorous state examination it would be unreasonable to exclude all aliens from the practice of medicin in this state. There are ----------------------- Page 169----------------------- The Honorable Tom Fink March 30, 1968 Juneau, Alaska Page 2 undoubtedly many aliens from countries other than the United States, Canada, or the United Kingdom who are fully qualified. Therefor the present prohibition found in the statutes is too broad and should be eliminated. Sincerely EDGAR PAUL BOYKO ATTORNEY GENERAL By G. Kent Edwards Deputy Attorney General EPG/CKE/isw ----------------------- Page 170----------------------- MEMORANDUM February 10, 1968 Subject: A conflict in AS 28, "Motor Vehicles". To: House Judiciary Committee Tom Fink, Chairman This refers to the January 21, 1968,letter to Ted Stevens from some Anchorage judge (copy attached) pointing out a conflict between AS 28.35.- 030 and AS 28.15.220 and between AS 28.35.030 and AS 28.15.260, all dealing with the suspension of drivers' licenses upon conviction of certain offenses. In 1967, AS 28.35.030 was amended by removing the restriction "upon a public street or highway." This simply broadens the scope of application of the section and has nothing to do with the mandatoriness or length of the suspension. So I don't think the judge's comment on the "intent of the last session of the Legislature" is well taken unless he just means that by amending the section without changing these aspects of it the legislature re-affirmed the "intent" of the provision which was enacted in 1955. There is, however, a conflict between AS 28.35.030 and AS 28.15.220, which is caused by the internal inconsistency of As 28.15.220(b)(1) which reads, essentially, "A court may . . . suspend . . . a license, upon a showing by the department that the licensee (1) has committed to an offense for which mandatory revocation of license is required upon conviction." This internal inconsistency has existed since the provision was enacted in 1959. This could be cleared up by repealing As 28.15.220(b)(1) and perhaps adding a subsection (c) requiring courts to automatically apply mandatory suspen- sion provisions. however, in light of As 28.15.210(b), a more rational and just approach would be to add to As 28.15.220(b)(1) and AS 28.35.030 a reference such as "subject to the considerations specified in AS 28.15.- 210(b)." There is also a conflict between AS 28.15.260, which is a general provi- sion setting out maximum suspension periods, etc., and AS 28.35.030, which requires a three-year suspension for a second or subsequent offense -- something allowed in AS 28.15.260 only for third offenses. if the period specified in AS 28.35.030 is though desirable, As 28.15.260 could be amended by inserting "except as provided in AS 28.35.030" to resolve the conflict. Perhaps a better way would be to delete the conflicting time provision in AS 28.35.030 and let AS 28.15.260 govern. This way AS 28.15- 260 will not be cluttered with references and complicated by exceptions ----------------------- Page 171----------------------- Mr. Tom Fink, Chairman House Judiciary Committee -2- February 10, 1968 as new sections like AS 28.35.030 are added. I believe the latter approach would be favored by the judge who wrote the letter to Mr. Stevens Arthur H. Peterson Legislative Counsel See Palmer v. State, 6 AK..L.J.319 (10/4/68, 1st Jud. Dist.) ----------------------- Page 172----------------------- District Court State of Alaska 941 Fourth Avenue Anchorage, Alaska 99501 January 31, 1968 Representative Ted Stevens Majority Leader House of Representatives State Capital Building Juneau Alaska 99801 Re: Statues Relating to Driver's License Suspension Dear Ted: As you know, Alaska Statute 28.35.030 as amended in 1967, provides that upon a second or subsequent conviction for driving while under the influence of intoxicating liquor or drugs a person's driving privileges shall be suspended for three years. Alaska Statue 28.15.220, as amended in 1964, makes suspension, revocation, or limitation discretionary with the Court, and Alaska Statute 28.15.260, as amended in 1964, places a one year limit on any suspension or limitation. It is obvious to me that the intent of the last session of the Legislature was to make it mandatory to supsend driving privileges for three years under the conditions stated and I will act accordingly though I disagree with the provision. However, I know that there is some disagreement with my interpretation of the Statute and we are all in agreement that some clarifying legislation would be helpful. Ted, I'll probably be running into this sort of thing all during the session as I'm hoping to take th etime to review the Statutes most effecting this Court. If you wish, I'll direct future correspondence to whomever you suggest. ----------------------- Page 173----------------------- ALASKA STATE LEGISLATURE LEGISLATIVE COUNCIL BOX 2199 JUNEAU MEMORANDUM February 21, 1968 TO: House Judiciary Committee Tom F1nk, Chairman SUBJECT: Drug Legislation The Following bills have been introduced or offered for your consideration: SB 146 -- new chapter dealing with depressant, hallucinogenic & stimulant drugs. HB 369 -- inlcudes provision for depressant & stimulant drugs in present drug chapter (not the chapter dealing with narcotic drugs). HB 379 -- includes "hallucinogenic susbstance" in narcotic drug chapter; increases certain penalties; deletes mandatory sentence requirement for use. HB 486 -- adds new chapter on "drug abuse"; repleas old chapter on narcotic drugs and certain section in the drug chapter and the food, drug, and cosmetic chapter. HB 497 -- makes inhaling toxic vapors a crime. HB 512 -- death penalty for second violation of selling, etc., provision. L.A.A. draft -- makes possession of cannabis a misdemeanor; deletes mandatory sentence requirement. Dept. of Law draft -- adds new chapter on depressant, hallucinogenic & stimulant drugs; deletes cannabis from definition of narcotic. These bills, comments of committee memebers and testimony of witnesses have reaised a number of basic questions which are set out below. while considering these questions, two fundamental questions should be borne in mind: Is this a proper area of governmental intervention or regulation? If so, what will be the effect of a proposed action -- whether harmful or beneficial -- on the society and on its individual members? The questions are: 1) With regard to all drugs under consideration -- narcotics, depressants, stimulants and hallcinogens -- what decisions should be made on the followign distinctions: A) user v. pusher; B) mandatory v. non-mandatory sentences; C) minimum v. discretionary sentences; D) felony v. misdemeanor v. legal? use of it 2) With regard to marijuana in particular, should/xx be left as a felony or made a misdemeanor or legalized? What about selling it? 3) Should the use of LSD, for example, be made illegal? What about selling it? The factors here are different from the marijuana factors. 4) Should there be a distinction between penalties for selling to minors, i.e. persons under 19, and selling to adults? 5) if the term "abuse" is used, how should it be defined? Dr. Fort gave a good definition. 6) Should the L.A.A. conduct a study of drug laws, etc.? ----------------------- Page 174----------------------- ALASKA STATE LEGISLATURE LEGISLATIVE COUNCIL BOX 2199 JUNEAU MEMORANDUM - 2 - 7) Should a resolution suggesting revision of its laws be directed to Congress? The President's task force on this subject has made such a recommendation. 8) What bill best expresses the committee's desires? Will it bring any criminogenic effects? Numerous studies of this subject XXXXXXXXX -- both governmental and private -- point out the fact that much legilsation and past assumptions are not holding up under the development of medical, psychological, sociological and legal knowledge and thought. Because there are some dangers involved, consideration of the subject often is in an atmosphere of fear bordering on panic. The dangers should be pinpointed as precisely as possible and then dealt with appropriately. Arthur H. Peterson Legislative Counsel ----------------------- Page 175----------------------- 2/28/1968 Honorable Howard W. Pollock House of Representatives 1507 Longworth House Office Building Washington, D. C. 20515 Dear Congressman Pollock: As you know, the Alaska Legislature is presently considering a number of bills dealing with the regulation of crugs. It has been recommended that we obtain a copy of the testimony of Fred Finsen, Jr., before the Staggers committee, discussing the administration-backed drug bill (HR 13555, I believe). Please send a copy of this testimony. Thank you. Yours truly, Arthur H. Peterson Legislative Counsel AHP:am ----------------------- Page 176----------------------- Art 3/28/68 JUDICIARY COMMITTEE REPORT on House Joint Resolution No. This resolution proposed an amendment to the state consitution to provide for the rotation of the chief justice of the supreme court (by having the justices elect one of their number every three years) and requires that his office and residence be in Anchorage. This avoids the question whether the rotation could be constitutionally accomplished by statute. The resolution also requires the first election of a chief justice to be held within one month after the constitutional amendment becomes effective. ___________________ Tom Fink, Chairmain