Legislature(2009 - 2010)CAPITOL 120

03/19/2009 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 152 2009 REVISOR'S BILL TELECONFERENCED
Moved CSHB 152(JUD) Out of Committee
+= HB 101 EXEMPTIONS: LIFE INSURANCE; ANNUITIES TELECONFERENCED
Moved CSHB 101(JUD) Out of Committee
+= HB 15 BAN CELL PHONE USE BY MINORS WHEN DRIVING TELECONFERENCED
Moved CSHB 15(JUD) Out of Committee
HB 152 - 2009 REVISOR'S BILL                                                                                                  
                                                                                                                                
1:22:48 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL NO.  152, "An Act making corrective  amendments to the                                                               
Alaska  Statutes  as  recommended  by the  revisor  of  statutes;                                                               
providing for an  effective date by repealing  the effective date                                                               
of sec.  33, ch. 122,  SLA 1977;  and providing for  an effective                                                               
date."    [Before  the  committee  was  HB  152  as  amended  via                                                               
Amendment 1 on 3/16/09.]                                                                                                        
                                                                                                                                
1:23:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  made  a  motion to  adopt  Amendment  2,                                                               
labeled 26-LS0158\E.3, Kurtz, 3/18/09, which read:                                                                              
                                                                                                                                
     Page 14, lines 11 - 12:                                                                                                    
          Delete "42 U.S.C. 659(i)(5) (sec. 459(i)(5),                                                                      
      Social Security Act) [42 U.S.C. 662(e) (SEC. 462(e),                                                                  
     SOCIAL SECURITY ACT)]"                                                                                                     
          Insert "42 U.S.C. 662(e) (sec. 462(e), Social                                                                         
     Security Act)"                                                                                                             
                                                                                                                                
REPRESENTATIVE HOLMES objected [for the purpose of discussion].                                                                 
                                                                                                                                
The committee took an at-ease from 1:23 p.m. to 1:24 p.m.                                                                       
                                                                                                                                
1:24:57 PM                                                                                                                    
                                                                                                                                
KATHRYN  KURTZ,  Assistant  Revisor, Legislative  Legal  Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency (LAA), explained that Amendment  2 would remove the second                                                               
proposed change  in Section 39,  thus leaving  AS 23.20.401(b)(3)                                                               
unchanged and continuing to reference  a federal code that's been                                                               
repealed.  Should the committee wish to change that reference                                                                   
later, it could do so via a different bill, she suggested.                                                                      
                                                                                                                                
REPRESENTATIVE HOLMES removed her objection.                                                                                    
                                                                                                                                
CHAIR RAMRAS stated that Amendment 2 was adopted.                                                                               
                                                                                                                                
1:26:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL made a motion to adopt Amendment 3,                                                                      
labeled 26-LS0158\E.4, Kurtz, 3/18/09, which read:                                                                              
                                                                                                                                
     Page 3, lines 10 - 15:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 6, line 31, through page 7, line 5:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 29, line 31, through page 30, line 5:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 46, line 4, through page 48, line 1:                                                                                  
          Delete all material.                                                                                                  
                                                                                                                                
     Page 48, line 22:                                                                                                          
          Delete "Section 89"                                                                                                   
          Insert "Section 84"                                                                                                   
                                                                                                                                
     Page 48, line 27:                                                                                                          
          Delete "sec. 89"                                                                                                      
          Insert "sec. 84"                                                                                                      
                                                                                                                                
     Page 48, line 28:                                                                                                          
          Delete "sec. 90"                                                                                                      
          Insert "sec. 85"                                                                                                      
                                                                                                                                
     Page 48, line 29:                                                                                                          
          Delete "Section 59"                                                                                                   
          Insert "Section 56"                                                                                                   
                                                                                                                                
     Page 48, line 30:                                                                                                          
          Delete "secs. 92 and 93"                                                                                              
          Insert "secs. 87 and 88"                                                                                              
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
MS.  KURTZ explained  that Amendment  3 proposes  to delete  five                                                               
sections -  Sections 7,  20, 46,  84, and 85  - because  they all                                                               
alter  references to  federal statutes,  and their  inclusion may                                                               
inadvertently result in  a substantive change to  Alaska law, and                                                               
this is not the intent of  the revisor's bill.  The statutes that                                                               
these sections are proposing to  alter can be addressed later via                                                               
a different bill, she suggested.                                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL concurred that it  would be better to have                                                               
the  departments  speak  to  those  statutes  and  references  to                                                               
federal code.  He said he supports amendment 3.                                                                                 
                                                                                                                                
REPRESENTATIVE HOLMES removed her objection.                                                                                    
                                                                                                                                
CHAIR RAMRAS stated that Amendment 3 was adopted.                                                                               
                                                                                                                                
1:28:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HB 152, as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
152(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      

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