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Alaska State Legislature
Alaska State Legislature
23rd Alaska State Legislature
The 23rd Alaska State Legislature
23rd Alaska State Legislative Majority Achievements
1st Session - Major Issues and Successful Legislation


Upholding a Fair and Firm Justice System
Alaska State Legislature
Alaska State Legislature
Alaska State Legislature

"It was an honor to serve on the Judiciary Committee. We strived to ensure that the Office of Victims Rights was empowered to fight for fair treatment of all crime victims. There were several bills which will ensure that frivolous lawsuits are curtailed and that if you file a frivolous lawsuit, you will have to pay the legal fees of the winner of the lawsuit. Closing these loopholes will help all Alaskans. Following a national trend, the Judiciary Committee also dealt with several issues regarding spam emails and ‘adult-only’ emails. These new laws will protect Alaska's children and consumers. The committee garnered a reputation as one of the hardest working groups in the Legislature."

- Rep. Ralph Samuels
Judiciary Committee

The Republican-led Majority is striving to ensure the rights of crime victims are equal to the rights of criminals and to uphold a fair and firm criminal justice system. We passed legislation this session that protects Alaskans’ basic rights, improves Alaska’s justice system, and closes legal loopholes.

Protecting the Rights of Alaskans

  • HB 68 enables the Office of Victims’ Rights to better serve victims by including municipalities as a justice agency.
  • HB 23 enables the court to consider documented volunteer labor as a factor in the process of determining restitution.
  • HB 82 requires spammers of sexually explicit material to use an identifying subject line.
  • HB 47 prohibits insurance companies from basing their rates on a person’s credit rating.
  • HB 14 expands the legal definition of family to grandparents and keeps Alaskans from losing their dividend when they leave the state to care for a terminally ill grandparent.
  • HB 205 allows Peace Corp volunteers to serve abroad without losing their dividend and empowers the Department of Revenue to penalize those who make fraudulent claims.
  • HB 64 ensures village residents understand the implications of selling structured settlements before they agree to the transaction.

Improving the justice system and closing legal loopholes

  • HB 18 allows a person, municipal corporation, association, village, school district, or religious or charitable organization to recover up to $15,000 from parents or guardians of a minor who knowingly destroys property.
  • HB 86 makes the party that causes a work stoppage on a project assume responsibility for their actions if the court determines the action was improper.
  • HB 151 provides consumers and construction professionals with a process to resolve construction defect issues on new homes or homes that undergo substantial remodeling, which may prevent easily resolved disputes from clogging the courts.
  • HB 214 changes the standard under which employers must pay for punitive damages assessed against their employees.
  • HB 212 provides statutory authority to provisions commonly found in trust instruments, provides clarity to Alaska’s spendthrift statutes, and adds requirements that ensure against fraudulent transfers of assets.
  • HB 249 ensures that if judgment in an antitrust suit is for the defendant, the defendant shall be awarded the defendant's costs and reasonable attorney fees.
  • HB 225 updates the Alaska antitrust statutes.
  • HB 250 modifies the procurement code pertaining to construction claims.

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Attachments Attachments
 

2003 Successful Legislation

HB 1 : Stalking & Protective Orders
Signed into Law! Chapter 87 SLA 03
Sponsored by Rep. Harry Crawford, Rep. Cheryll Heinze

An Act relating to stalking and to violating a protective order; and amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration.

06-13-03 : Governor Murkowski signed HB 1 into law. Sponsored by Rep. Cheryll Heinze (R-Anchorage) and Rep. Harry Crawford (D-Anchorage), HB 1 allows the victims of stalking to seek and obtain a protective order in cases of stalking that are not crimes involving domestic violence. The bill streamlines the process for public safety and judicial practitioners by harmonizing the arrest and notification procedures to mirror those already in place for domestic violence situations. The bill adds the crime of violation of a child protective order and of a violation of a stalking protective order; these changes also reflect existing practitioner procedures.

| Sponsor Statement |

House Bill 1 : Allows victims of stalking to seek and obtain a protective order in cases of stalking that are not crimes involving domestic violence. The bill streamlines the process for public safety and judicial practitioners by harmonizing the arrest and notification procedures to mirror those already in place for domestic violence situations. The bill adds the crime of violation of a child protective order and of a violation of a stalking protective order; these changes also reflect existing Practitioner's procedures.

HB 2 : Civil Statute Of Limitations/Sex Offenses
Signed into Law! Chapter 40 SLA 03
Sponsored by Rep. Kevin Meyer

An Act relating to the statute of limitations for certain civil actions; and providing for an effective date.

06-05-03 : Gov. Murkowski signed HB 2 into law. Sponsored by Rep. Kevin Meyer, HB 2 establishes the civil statute of limitations at three years for misdemeanor sexual assault, misdemeanor sexual abuse of a minor, incest, and felony indecent exposure. Under HB 2, Unlawful Exploitation of a Minor, a class B felony, is added to the list of sexual assault crimes in which the civil statute of limitations is removed.

| Sponsor Statement |

House Bill 2 : Establishes the civil statute of limitations at three years for misdemeanor sexual assault, misdemeanor sexual abuse of a minor, incest, and felony indecent exposure. Under HB 2, Unlawful Exploitation of a Minor, a class B felony, is added to the list of sexual assault crimes in which the civil statute of limitations is removed.

HB 14 : Permanent Fund Allowable Absences
Signed into Law! Chapter 116 SLA 03
Sponsored by Rep. Hugh Fate

An Act relating to an absence from the state while providing care for a terminally ill grandparent for purposes of determining eligibility for a permanent fund dividend; and providing for an effective date.

06-18-03 : Gov. Murkowski signed HB 14 into law. Sponsored by Rep. Hugh "Bud" Fate (R-Fairbanks), HB 14 expands the legal definition of a family to include grandparents. This addition allows Alaskans to leave state for an extended amount of time to provide care for terminally ill grandparents without fear of losing eligibility for the permanent fund dividend.

| Sponsor Statement |

House Bill 14 : Expands the legal definition of a family to include grandparents. This addition allows Alaskans to leave the state for an extended amount of time to provide care for terminally ill grandparents without fear of losing eligibility for the permanent fund dividend.

HB 18 : Parental Liability For Child's Damage
Signed into Law! Chapter 94 SLA 03
Sponsored by Rep. Kevin Meyer

An Act relating to the liability of parents and legal guardians of minors who destroy property.

06-16-03 : Gov. Murkowski signed HB 18 into law. Sponsored by Rep. Kevin Meyer (R-Anchorage), HB 18 changes the limit on recovery of property damaged by a minor. HB 18 will allow for a person, municipal corporation, association, village, school district, or religious or charitable organization to recover up to $25,000 from parents or guardians of a minor who knowingly destroys property.

| Sponsor Statement |

House Bill 18 : Changes the limit on recovery of property damaged by a minor; it allows for a person, municipal corporation, association, village, school district, or religious or charitable organization to recover up to $25,000 from parents or guardians of a minor who knowingly destroys property.

HB 23 : Restitution For Crime Victims
Signed into Law! Chapter 26 SLA 03
Sponsored by Rep. Bruce Weyhrauch

An Act relating to court-ordered restitution and compensation following a criminal conviction.

05-28-03 : Gov. Murkowski signed HB 23 into law. Sponsored by Rep. Bruce Weyhrauch (R-Juneau), HB 23 enables the court to consider documented volunteer labor as a factor in the process of determining restitution.

| Sponsor Statement |
| Sectional Analysis |

House Bill 23 : Enables the court to consider documented volunteer labor as a factor in the process of determining restitution.

HB 34 : Repeal Sunset Of Negotiated Regulation Making
Signed into Law! Chapter 44 SLA 03
Sponsored by Rep. Jim Holm

An Act relating to negotiated regulation making; and providing for an effective date.

06-06-03 : Gov. Murkowski signed HB 34 into law. Sponsored by Rep. Jim Holm (R-Fairbanks), HB 34 repeals the July 1st, 2003 sunset date on Negotiated Regulation Making.

| Sponsor Statement |.

House Bill 34 : Repeals the July 1st, 2003 sunset date on Negotiated Regulation Making.

HB 46 : Primary Election Ballots
Signed into Law! Chapter 96 SLA 03
Sponsored by Rep. Mike Hawker

An Act relating to ballots.

06-16-03 : Gov. Murkowski signed HB 46 into law. Sponsored by Rep. Mike Hawker (R-Anchorage), HB 46 instructs the Director of the Division of Elections to offer voters in primary elections the choice of a separate ballot presenting only the ballot titles and propositions for voting. HB 46 does not change the closed-primary system. HB 46 offers voters the additional choice of a "no-party," "issues-only" ballot.

| Sponsor Statement |

House Bill 46 : Instructs the Director of the Division of Elections to offer voters in primary elections the choice of a separate ballot presenting only the ballot titles and propositions for voting. HB 46 does not change the closed-primary system. HB 46 offers voters the additional choice of"no-party," "issues-only" ballot.

HB 52 : Sex Crime And Pornography Forfeitures
Signed into Law! Chapter 41 SLA 03
Sponsored by Rep. Lesil McGuire

An Act relating to the forfeiture of property used to possess or distribute child pornography, to commit indecent viewing or photography, to commit a sex offense, or to solicit the commission of, attempt to commit, or conspire to commit possession or distribution of child pornography, indecent viewing or photography, or a sexual offense.

06-05-03 : Gov. Murkowski signed HB 52 into law. Sponsored by Rep. Lesil McGuire (R-Anchorage), HB 52 will give courts additional punitive sentencing options against sexual predators and award forfeited computer technology to law enforcement agencies for ongoing monitoring operations. HB 52 also makes providing billing services for a child pornography website a felony.

| Sponsor Statement |
| Sectional Analysis |

House Bill 52 : Gives courts additional punitive sentencing options against sexual predators and award forfeited computer technology to law enforcement agencies for ongoing monitoring operations. HB 52 also makes providing billing services for a child pornography website a felony.

HB 59 : Cleanup Of Illegal Drug Sites
Signed into Law! Chapter 142 SLA 03
Sponsored by Rep. Jim Holm

An Act relating to the evaluation and cleanup of sites where certain controlled substances may have been manufactured or stored; and providing for an effective date.

07-18-03 : Governor Murkowski signed HB 59 into law. Sponsored by Rep. Jim Holm (R-Fairbanks), HB 59 will require the property owner to clean up hazardous materials when law enforcement agencies discover an illegal drug lab. The owner must provide test results that show the levels of contamination to be below Department of Environmental Conservation limits (DEC) before the property can be used again. The DEC or a law enforcement entity will provide cleanup guidelines, testing procedures and a list of laboratories for testing the property to the property owner. Future property buyers must be notified of the previous presence of a lab on the property.

| Sponsor Statement |

House Bill 59 : Requires the property owner to clean up hazardous materials when law enforcement agencies discover an illegal drug lab. The owner must provide test results that show the levels of contamination to be below Department of Environmental Conservation limits (DEC) before the property can be used again. The DEC or a law enforcement entity will provide cleanup guidelines, testing procedures and a list of laboratories for testing the property to the property owner. Future property buyers must be notified of the previous presence of a lab on the property.

HB 64 : Purchase Of Structured Settlements
Signed into Law! Chapter 21 SLA 03
Sponsored by Rep. Richard Foster

An Act relating to court approval of the purchase of structured settlements.

05-14-03 : Gov. Murkowski signed HB 64 into law. Sponsored by Rep. Richard Foster (D-Nome), HB 64 allows the reassignment of structured settlements only after courts approve the measure. HB 64 also outlines what considerations must be made before such transfers are approved. HB 64 ensures village residents understand the implications of selling structured settlements before they agree to the transaction.

| Sponsor Statement |

House Bill 64 : Allows the reassignment of structured settlements only after courts approve the measure, ensureing that village residents understand the implications of selling structured settlements before they agree to the transaction.

HB 68 : Office Of Victims' Rights: Include Munis.
Signed into Law! Chapter 6 SLA 03
Sponsored by Rep. Ralph Samuels

An Act relating to the office of victims' rights.

04-14-03 : Governor Murkowski signed House Bill 68 into law on Monday. Sponsored by Rep. Ralph Samuels (R-Anchorage), HB 68 clarifies that municipalities be specifically included in the definition of a justice agency to help the Office of Victims' Rights act on behalf of the victims it represents.

| Sponsor Statement |

House Bill 68 : Clarifies that municipalities be specifically included in the definition of a justice agency to help the Office of Victims' Rights act on behalf of the victims it represents.

HB 82 : Commercial Electronic Mail
Signed into Law! Chapter 14 SLA 03
Sponsored by Rep. Kevin Meyer

An Act making certain activities related to commercial electronic mail unlawful as unfair methods of competition or unfair or deceptive acts or practices under the Act enumerating unfair trade practices and consumer protections.

05-01-03 : Governor Frank Murkowski signed House Bill 82 into law on Thursday. Sponsored by Rep. Kevin Meyer (R-Anchorage), House Bill 82 requires anyone sending unsolicited commercial email with sexually explicit content to include the letters "ADV: ADLT" in the subject line.

| Sponsor Statement |

House Bill 82 : Prohibits individuals from sending unsolicited commercial electronic mail that contains explicit sexual material without including "ADV:ADLT" as the first eight characters in the subject line.

HB 86 : Injunctions Against Permitted Projects
Signed into Law! Chapter 86 SLA 03
Sponsored by Rep. Hugh Fate

An Act relating to permits issued by the state.

06-13-03 : Gov. Murkowski signed HB 86 into law. Sponsored by Rep. Hugh "Bud" Fate (R-Fairbanks), HB 86 makes the party that causes a work stoppage on a project to assume responsibility for their actions, if the court determines the action was improper.

| Sponsor Statement |

House Bill 86 : Makes the party that causes a work stoppage on a project to assume responsibility for their actions, if the court determines the action was improper. For too long properly permitted projects end up being delayed before ground is ever broken. Those who wish to stop projects will now have to consider the economic effects of their actions. The bill is specifically written to give the courts latitude when determining damages because of improper action by a plaintiff.

HB 114 : Issuance Of Search Warrants
Signed into Law! Chapter 42 SLA 03
Sponsored by the Hou. Rules Committee
Requested by the Alaska Supreme Court

An Act relating to the issuance of a search warrant.

06-05-03 : Gov. Murkowski signed HB 114 into law. Sponsored by the House Rules Committee by request of the Supreme Court of the State of Alaska, HB 114 allows the court to accept a faxed affidavit in support of a search warrant, or, telephonic testimony, under the circumstances that those options avoid a delay that would interfere with an ongoing investigation.

| Sponsor Statement |

House Bill 114 : Allows the court to accept a faxed affidavit in support of a search warrant, or, telephonic testimony, under the circumstances that those options avoid a delay that would interfere with an ongoing investigation.

HB 145 : Attorney Fees: Public Interest Litigants
Signed into Law! Chapter 86 SLA 03
Sponsored by the Hou. Rules Committee
Requested by Gov. Frank Murkowski

An Act relating to public interest litigants and to attorney fees; and amending Rule 82, Alaska Rules of Civil Procedure.

06-13-03 : Gov. Murkowski signed HB 145 into law. Sponsored by the House Rules Committee by request of the Governor, HB 145 abrogates the special status given to public interest litigants with respect to the award of attorney fees and costs.

| Gov's Transmittal Letter |

House Bill 145 : Attempts to deter individuals or groups from filing frivolous lawsuits against the state that may be intended to support special interests or to block state projects. HB 145 requires that any award of attorney's fees to or against public interest litigants for cases contesting decisions in which the public had an opportunity to comment to the agency and seek administrative review before the agency, be governed by Alaska Rule of Civil Procedure 82 (Rule 82). HB 145 amends Rule 82 to require that attorney's fees be awarded to or against a public interest litigant in those situations in the same manner as attorney's fees are awarded to or against non-public interest litigants under Rule 82(b). HB 145 also provides, for all litigants, that in the absence of exceptional circumstances, courts may award increased fees only for issues upon which a party prevailed.

HB 151 : Dwelling Design/Construction Claims
Signed into Law! Chapter 136 SLA 03
Sponsored by Rep. Kevin Meyer

An Act instructing the State Board of Registration for Architects, Engineers, and Land Surveyors to adopt minimum technical standards relating to the practice of surveying.

07-10-03 : Governor Murkowski signed House Bill 151 into law. Sponsored by Rep. Kevin Meyer (R-Anchorage), HB 151 provides homeowners and construction professionals with a process to solve construction defect issues on new homes or homes that undergo substantial remodeling, before needless litigation ensues.

| Sponsor Statement |

House Bill 151 : May prevent easily resolved disputes from clogging the courts by providing consumers and construction professionals with a process to resolve construction defect issues on new homes or homes that undergo substantial remodeling. HB 151 establishes a formal process for a homeowner to notify a construction professional of construction defects prior to filing a lawsuit and establishes a time frame for the construction professional to address the defect.

HB 177 : Concealed Handguns
Signed into Law! Chapter 63 SLA 03
Sponsored by Rep. Bill Stoltze

An Act relating to concealed handguns; allowing persons whose applications have been rejected as unqualified or whose permits have been revoked or suspended to continue to carry concealed handguns in this state if the person has a permit from another jurisdiction; requiring the Department of Public Safety to enter into reciprocity agreements concerning the carrying of concealed handguns.

06-11-03 : Gov. Murkowski signed HB 177 into law. Sponsored by Rep. Bill Stolze (R-Chugiak/Mat-Su), HB 177 recognizes concealed weapon permit holders from other states as valid permit holders in Alaska. HB 177 also requires the Alaska Department of Public Safety to enter into reciprocity agreements with other states when it benefits Alaska permit holders.

| Sponsor Statement |

House Bill 177 : Recognizes concealed weapon permit holders from other states as valid permit holders in Alaska. HB 177 also requires the Alaska Department of Public Safety to enter into reciprocity agreements with other states when it benefits Alaska permit holders.

HB 184 : Individual Deferred Annuities
Signed into Law! Chapter 101 SLA 03
Sponsored by Rep. John Coghill

An Act relating to individual deferred annuities; and providing for an effective date.

06-16-03 : Gov. Murkowski signed HB 184 into law. Sponsored by Rep. John Coghill (R-North Pole), HB 184 is a proposed insurance code revision. HB 184 adjusts guaranteed minimum interest rates that determine minimum values that holders of a fixed annuity product must receive upon policy surrender.

| Sponsor Statement |

House Bill 184 : Adjusts guaranteed minimum interest rates that determine minimum values that holders of a fixed annuity product must receive upon policy surrender.

HB 205 : PFD: Peace Corps Volunteers & Misc
Passed House!
Sponsored by Rep. Lesil McGuire

An Act relating to service in the peace corps as an allowable absence from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date.

05-09-03 : The Alaska House of Representatives approved House Bill 205 by a vote of 27 to eight and by a reconsideration vote of 33 to three on Friday. Sponsored by Rep. Lesil McGuire (R-Anchorage), HB 205 includes Peace Corps volunteers among the Alaskans who may leave the state for more than 180 days and continue to receive the Permanent Fund Dividend. HB 205 also allows the Department of Revenue investigate, prosecute, and fine up to $3000 against people who make fraudulent claims for the PFD.
HB 205 will move to the Senate.

| Sponsor Statement |
| Sectional Analysis |
| Talking Points |

House Bill 205 : Includes Peace Corps volunteers among the Alaskans who may leave the state for more than 180 days and continue to receive the Permanent Fund Dividend. HB 205 also allows the Department of Revenue to investigate, prosecute, and fine up to $3000 against people who make fraudulent claims for the PFD.

HB 212 : Powers Of Appointments/Trusts/Creditors
Signed into Law! Chapter 138 SLA 03
Sponsored by Rep. Lesil McGuire

An Act relating to trusts, including trust protectors, trustee advisors, transfers of property in trust, and transfers of trust interests, and to creditors' claims against property subject to a power of appointment.

07-10-03 : Governor Murkowski signed House Bill 212 into law. Sponsored by Rep. Lesil McGuire (R-Anchorage), HB 212 provides statutory authority to provisions commonly found in trust instruments.

| Sponsor Statement |

House Bill 212 : Provides statutory authority to provisions commonly found in trust instruments. Alaska has not amended its trust statutes since 1998. HB 212 provides a trust settler with the option to appoint a trust protector and trust advisor, which offers the settler additional control over the creation and administration of the trust. HB 212 also allows a trustee to provide trust assets to a beneficiary without making an official distribution. The provision prevents creditors from making claims on property intended for the beneficiary, such as a homestead that a settler desired to keep in the family. HB 212 also certifies some provisions that Alaska trust practitioners have accepted for years, such as requiring that trust assets can not be claimed by a beneficiary's creditor until such time that trust assets are actually distributed to a beneficiary, nor can there be a continuing order against the trustee with respect to future distributions that a trustee would choose to make. In addition, HB 212 provides clarity to Alaska’s spendthrift statutes and adds requirements that ensure against fraudulent transfers of assets.

HB 214 : Punitive Damages Against Employers
Signed into Law! Chapter 85 SLA 03
Sponsored by Rep. Ralph Samuels

An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee; and providing for an effective date.

06-13-03 : Gov. Murkowski signed HB 214 into law. Sponsored by Rep. Ralph Samuels (R-Anchorage), HB 214 changes the standard under which employers must pay for punitive damages assessed against their employees. HB 214 stipulates that unless an employer authorized the act that caused the damages, or acted recklessly or knowingly in approving of the act after it occurred, or the employee is of such a high rank that he or she is essentially the employer, then the employee's punitive damages should not be awarded against the employer.

| Sponsor Statement |

House Bill 214 : Changes the standard under which employers must pay for punitive damages assessed against their employees. HB 214 stipulates that unless an employer authorized the act that caused the damages, or acted recklessly or knowingly in approving of the act after it occurred, or the employee is of such a high rank that he or she is essentially the employer, then the employee's punitive damages should not be awarded against the employer.

HB 225 : Monopoly And Restraint Of Trade Actions
Signed into Law! Chapter 104 SLA 03
Sponsored by the Hou. Rules Committee
Requested by Gov. Frank Murkowski

An Act relating to certain civil actions brought by the attorney general under monopoly and restraint of trade statutes; relating to the award of damages in actions brought under those statutes; and providing for an effective date.

06-16-03 : Gov. Murkowski signed HB 225 into law. Sponsored by the House Rules Committee on request of the Governor, HB 225 updates the Alaska antitrust statutes consistent with recent United States Supreme Court precedent to provide a statutory basis for the attorney general to bring a parens patrie action on behalf of state businesses, residents, and governmental entities as indirect purchasers for violations of our antitrust statutes and to recover damages.

| Gov's Transmittal Letter |

House Bill 225 : Updates the Alaska antitrust statutes consistent with recent United States Supreme Court precedent to provide a statutory basis for the attorney general to bring a parens patrie action on behalf of state businesses, residents, and governmental entities as indirect purchasers for violations of our antitrust statutes and to recover damages.

HB 245 : Suits & Claims: Military/Fire/Defense
Signed into Law! Chapter 43 SLA 03
Sponsored by the Hou. Rules Committee
Requested by Gov. Frank Murkowski

An Act relating to certain suits and claims by members of the military services or regarding acts or omissions of the organized militia; relating to liability arising out of certain search and rescue, civil defense, homeland security, and fire management and firefighting activities; and providing for an effective date.

06-06-03 : Gov. Murkowski signed HB 245 into law. Sponsored by the House Rules Committee on request of the governor, HB 245 provides that a person may not bring a lawsuit for damages that arise out of search and rescue activities, or the failure to initiate search and rescue activities. It also provides that a lawsuit for damages may not be brought by or on behalf of a member of the military services against the State of Alaska, the Alaska National Guard or other part of the Alaska organized militia, or any other member of the military services, for death, personal injury, or other injury of a member of the military services, including the United States military, the Alaska National Guard or other parts of the Alaska organized militia, or the national guard of another state, incurred during or arising out of activities that were part of the member's military service. HB 245 also broadens immunity to cover injury or property damage sustained by any civilian defense worker, including authorized volunteers and employees, and to specify that the immunity extends to employees of the state or district as well as the agents and representatives of the state or district. Finally, HB 245 requires that decisions regarding forest management related to fire control and suppression should be prompted by sound forestry and firefighting principles, rather than concerns regarding possible tort liability.

| Gov's Transmittal Letter |

House Bill 245 : Provides that a person may not bring a lawsuit for damages that arise out of search and rescue activities, or the failure to initiate search and rescue activities. It also provides that a lawsuit for damages may not be brought by or on behalf of a member of the military services against the State of Alaska, the Alaska National Guard or other part of the Alaska organized militia, or any other member of the military services, for death, personal injury, or other injury of a member of the military services, including the United States military, the Alaska National Guard or other parts of the Alaska organized militia, or the national guard of another state, incurred during or arising out of activities that were part of the member’s military service. HB 245 also broadens immunity to cover injury or property damage sustained by any civilian defense worker, including authorized volunteers and employees, and to specify that the immunity extend to employees of the state or district as well as the agents and representatives of the state or district. Finally, HB 245 requires that decisions regarding forest management related to fire control and suppression should be prompted by sound forestry and firefighting principles, rather than concerns regarding possible tort liability.

HB 249 : Restraint Of Trade: Fees And Costs
Signed into Law! Chapter 19 SLA 03
Sponsored by Rep. Lesil McGuire

An Act relating to actions involving monopolies and restraint of trade; and providing for an effective date.

05-14-03 : Gov. Murkowski signed HB 249 into law. Sponsored by Rep. Lesil McGuire (R-Anchorage), HB 249 ensures that if judgment in an antitrust suit is for the defendant, the defendant shall be awarded the defendant's costs and reasonable attorney fees.

| Sponsor Statement |

House Bill 249 : Ensures that if judgment in an antitrust suit is for the defendant, the defendant shall be awarded the defendant's costs and reasonable attorney fees. HB 249 ensures that the provision that authorizes recovery of attorney fees to successful antitrust plaintiffs will not be misinterpreted to prohibit successful antitrust defendants from partially recovering attorney fees in accordance with standard court rules.

HB 250 : State Contracts
Signed into Law! Chapter 144 SLA 03
Sponsored by Rep. Jom Holm

An Act relating to protests of state contract awards, to claims on state contracts, to the arbitration of certain state construction contract claims, and to hearings and appeals under the State Procurement Code; making conforming amendments in the State Procurement Code; and providing for an effective date.

07-18-03 : Governor Murkowski signed HB 250 into law. Sponsored by Rep. Jim Holm (R-Fairbanks), HB 250 HB 250 modifies the procurement code pertaining to construction claims.

| Sponsor Statement |

House Bill 250 : Modifies the procurement code pertaining to construction claims.

HJR 12 : Supporting Federal Energy Initiatives
Sponsored by Rep. Harry Crawford

Expressing support for federal energy initiatives affecting Alaska that would reduce the nation's continuing dependence on imported foreign oil as its principal energy source.

House Bill 12 : Expands the list of methods of harassment under law to include sending of obscene electronic communications or sending electronic communications that threaten physical injury or sexual contact.

SB 2 : Parent Liability For Damage By Child
Sponsored by Sen. Fred Dyson

An Act relating to recovery of civil damages from the parents or legal guardian of a minor; and providing for an effective date.

05-09-03 : Senate Bill 2 passed out of the Senate Judiciary Committee Friday. Sponsored by Sen. Fred Dyson (R-Eagle River), SB 2 would allow recovery of civil damages from the parents or legal guardian of a minor.
SB 2 moves next to the Senate Rules Committee.

| Sponsor Statement |

Senate Bill 2 : Allows recovery of actual cost of intentional vandalism. The rational: "Vandalism damages a school district's physical plant, has a negative impact on student learning, and demoralizes hard-working staff and students. Every dollar spent on repairing vandalism is a dollar we cannot invest in textbooks, teachers or technology.

SB 8 : Tampering With Public Records
Signed into Law! Chapter 141 SLA 2003
Sponsored by Sen. Bettye Davis

An Act relating to tampering with public records.

| Sponsor Statement | [PDF - 1 page - 21 KB]

Senate Bill 8 : Amends the crime of tampering with public records in the first degree by elevating to a Class C Felony.

SB 13 : Insurance Discrimination By Credit Rating
Signed into Law! Chapter 150 SLA 2003
Sponsored by Sen. John Cowdery, Sen. Kim Elton

An Act prohibiting discrimination in insurance rates based on credit rating or credit scoring; and providing for an effective date.

08-06-03 : Governor Murkowski signed SB 13 into law. Sponsored by Sen. John Cowdery (R-Anchorage) and Sen. Kim Elton (D-Juneau), SB 13 would prohibit insurance companies in Alaska from using credit scores in underwriting or rate setting for car or home insurance.

| Sponsor Statement | [PDF - 1 page - 23 KB]

Senate Bill 13 : Limits insurance companies in Alaska from using credit scores in underwriting or rate setting for car or home insurance.

SB 30 : Abortion: Informed Consent; Information
Passed Legislature! Await Transmit to Gov.
Sponsored by Sen. Fred Dyson

An Act relating to information and services available to pregnant women and other persons; and ensuring informed consent before an abortion may be performed, except in cases of medical emergency.

Version: CCS SB 30
Contact: Jason Hooley, 465-3762
Action: 05-11-04: Waiting transmittal to Governor

Requires that information be prepared and made available via the Internet to women seeking abortions on the medical risks of abortion and its alternatives, and where services can be sought, by geographic region. Requires a physician or other health care provider performing an abortion to obtain voluntary and informed consent as defined in the bill. Requires the Bureau of Vital Statistics to collect and record data on whether each reported patient requested and received a written copy of information on reproductive options required to be maintained on the Internet.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 29 KB]

Senate Bill 30 : Enables women to make healthy, educated choices regarding their own individual and private circumstances, by establishing a website, maintained by the Department of Health and Social Services, where women and doctors can obtain information concerning reproductive choice.

SB 41 : Medicaid Costs And Crimes
Signed into Law! Chapter 66 SLA 03
Sponsored by Sen. Lyda Green

An Act relating to medical care and crimes relating to medical care, including medical care and crimes relating to the medical assistance program.

06-11-03 : Gov. Murkowski signed SB 41 into law. Sponsored by Sen. Lyda Green (R-Mat-Su), SB 41 provides the legal tools for the fiduciaries of the Medicaid program to establish program integrity and maintain maximum fiscal control.

| Sponsor Statement |

Senate Bill 41 : Provides the legal tools for the fiduciaries of the Medicaid program to establish program integrity and maintain maximum fiscal control.

SB 49 : 2003 Revisor's Bill
Signed into Law! Chapter 35 SLA 03
Sponsored by the Sen. Rules Committee
Requested by the Leg. Council Joint Committee

An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date.

06-02-03 : Gov. Murkowski signed SB 49 into law. Sponsored by the Senate Rules committee, by request of the Legislative Council, SB 49 would make corrective amendments to the Alaska Statutes as recommended by the revisor of statutes.

Senate Bill 49 : Makes corrective amendments to the Alaska Statutes as recommended by the revisor of statutes.

SB 58 : PFD Ineligibility/Motor Vehicle Insurance
Sponsored by Sen. John Cowdery

An Act relating to permanent fund dividend program notice requirements and to the ineligibility for permanent fund dividends of certain persons sentenced for crimes involving mandatory motor vehicle liability insurance.

04-02-03 : Senate Bill 58 moved out of the Senate Judiciary committee Wednesday. Sponsored by Sen. John Cowdery (R-Anchorage), SB 58 would add a conviction for driving without proper insurance to the list of conditions that make a person ineligible for a permanent fund dividend SB 58 moves next to the Senate Finance committee.
SB 58 moves next to the Senate Finance Committee.

| Sponsor Statement |

Senate Bill 58 : Add a conviction for driving without proper insurance to the list of conditions that make a person ineligible for a permanent fund dividend.

SB 59 : Permanent Fund Ineligibility For DUI
Sponsored by Sen. John Cowdery

An Act relating to permanent fund dividend program notice requirements and to the ineligibility for permanent fund dividends of certain persons sentenced for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance, or for refusal to submit to a chemical test.

| Sponsor Statement |

Senate Bill 59 : Adds a conviction for driving while under the influence (DUI), or refusing to take a chemical test, to the list of existing conditions that make a person ineligible for a permanent fund dividend. A first offense brings a one-year suspension of the PFD. A second offense brings a five-year suspension of the PFD.

SB 64 : Credit Information
Passed Senate!
Sen. Hollis French

An Act requiring certain consumer reporting agencies to provide individuals with certain information without charge.

| Sponsor Statement | [PDF - 1 page - 6 KB]
| Sectional Analysis | [PDF - 1 page - 6 KB]

Senate Bill 64 : Requires certain consumer reporting agencies to provide individuals with certain information without charge.

SB 93 : Adverse Possession
Signed into Law! Chapter 147 SLA 2003
Sponsored by Sen. Thomas Wagoner

An Act relating to limitations on actions to quiet title to, eject a person from, or recover real property or the possession of it; and providing for an effective date.

05-19-03 : Senate Bill 93 passed the House of Representatives Monday. Sponsored by Sen. Tom Wagoner (R-Kenai/Soldotna), SB 93 would repeal the Doctrine of Adverse Possession, giving private property owner's security in knowing their property can not be taken by squatters. SB 93 moves next to the governor for his signature.

| Sponsor Statement |
| Sectional Analysis |
| Legal Memo 1 |
| Legal Memo 2 |

Senate Bill 93 : Repeals parts of the Doctrine of Adverse Possession, which will give private property owner's more security in knowing that their property cannot be taken by squatters.

SB 163 : Powers Of Appointments/Trusts/Creditors
House Companion HB 212 Signed into Law!
Sponsored by Sen. Ralph Seekins

An Act relating to trusts, including trust protectors, trustee advisors, transfers of property in trust, and transfers of trust interests, and to creditors' claims against property subject to a power of appointment.

Version:
Contact:
Action: 04-14-03:

Senate Bill 163 moved out of the Senate Judiciary Committee Monday. Sponsored by Sen. Ralph Seekins (R-Fairbanks), SB 163 would codifies a number of matters that have been accepted by Alaska trust practitioners as being the common law of this state but for which there has been no statutory counterpart. The Bill essentially updates and clarifies provisions of prior legislation.
SB 163 moves next to the Senate Rules Committee.

| Sponsor Statement |

Senate Bill 163 : Codifies a number of matters that have been accepted by Alaska trust practitioners as being the common law of this state but for which there has been no statutory counterpart. The Bill essentially updates and clarifies provisions of prior legislation.

SB 175 : Recreational Activity Liability
Signed into Law! Chapter 121 SLA 2003
Sponsored by Sen. Ralph Seekins

An Act relating to civil liability for commercial recreational activities and for guest passengers on an aircraft or watercraft; and providing for an effective date.

06-18-03 : Gov. Murkowski signed SB 175 into law. Sponsored by Sen. Ralph Seekins (R-Fairbanks), SB 175 would help avoid unfair and unreasonable claims that make it difficult to provide recreational and outdoor activities that are closely identified with the Alaska lifestyle and have come to be expected by visitors looking for exceptional experiences.

| Sponsor Statement |

Senate Bill 175 : Would delineate the burden of responsibility for the commercial recreation business as well as the person who elects to participate in that recreational activity. It addresses specific guidelines operators and participants must follow to minimize the possibility of accidents. Nevertheless, commercial businesses are still responsible for meeting safety standards and providing trained and competent personnel as required by the Bill.

SB 176 : Civil Liability For Livestock Activities
Signed into Law! Chapter 122 SLA 2003
Sponsored by Sen. Ralph Seekins

An Act relating to civil liability for injuries or death resulting from livestock activities.

06-18-03 : Gov. Murkowski signed SB 176 into law. Sponsored by Sen. Ralph Seekins (R-Fairbanks), SB 176 would recognize that a person assumes some degree of risk when placing themselves in the vicinity of livestock.

| Sponsor Statement |

Senate Bill 176 : Would recognize that a person assumes some degree of risk when placing themselves in the vicinity of livestock.

SB 198 : Damages Recovered By Police/Firefighter
Signed into Law! Chapter 146 SLA 2003
Sponsored by Sen. Ralph Seekins

An Act relating to recovery of civil damages by a peace officer or firefighter; and providing for an effective date.

07-18-03 : Governor Murkowski signed SB 198 into law. Sponsored by Sen. Ralph Seekins (R-Fairbanks), SB 198 would make a distinction between negligence that is related to the reason the firefighter or peace officer is responding and negligence that is unrelated to the reason the firefighter or peace officer is responding. In the first instance, it does not allow a civil action. Instead the firefighter or peace officer must rely on the state's workers compensation system. However, in the case where injury was caused by a negligent act not related to the reason for the firefighter or peace officer's response, then-under this legislation-a civil action can be brought against the at-fault party.

| Sponsor Statement |

Senate Bill 198 : Makes a distinction between negligence that is related to the reason the firefighter or peace officer is responding and negligence that is unrelated to the reason the firefighter or peace officer is responding. In the first instance, it does not allow a civil action. Instead the firefighter or peace officer must rely on the state's workers compensation system. However, in the case where injury was caused by a negligent act not related to the reason for the firefighter or peace officer's response, then-under this legislation-a civil action can be brought against the at-fault party.

SJR 3 : Constitution Amendment: Appropriation/Spending Limit
Sponsored by Sen. Fred Dyson

Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit and a spending limit.

Version: CS SJR 3 (FIN) Am
Contact: Lucky Shultz, 465-6580
Action: 04-13-04: (S)Floor » (S)FIN

SJR 3 was returned to the Senate Finance Committee April 13. It amends the current appropriation limit in the Alaska State Constitution. It allows growth based on population and inflation. It includes a four-year sunset provision and mechanisms for funding emergencies and extraordinary circumstances.

| Sponsor Statement |

Senate Joint Resolution 3 : Changes Article IX, sec 16 of Alaska's Constitution by lowering the existing appropriation limit to better reflect Alaska's current revenue picture.

SJR 5 : Destroy Brady Bill Records
Passed Legislature! Leg. Resolve 21
Sponsored by Sen. Thomas Wagoner

Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system.

05-16-03 : Senate Joint Resolution 5 moved out of the House of Representatives Friday. Sponsored by Sen. Tom Wagoner (R-Kenai), SJR 5 would urge the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system.

| Sponsor Statement |

Senate Joint Resolution 5 : Urges the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system.

SJR 8 : Division Of 9th Circuit Court Of Appeals
Passed Legislature! Leg. Resolve 35
Sponsored by Sen. Ralph Seekins

Relating to the division of the Ninth Circuit Court of Appeals.

05-17-03 : Senate Joint Resolution 8 moved out of the House of Representatives Saturday. Sponsored by Sen. Ralph Seekins (R-Fairbanks), SJR 8 would endorse legislation introduced in the 106th and 107th Congress by Senators Ted Stevens and Frank Murkowski that would split the Ninth Circuit Court in two. The reconfigured Ninth would encompass Arizona, California and Nevada. The new Twelfth Circuit Court would take in Alaska, Hawaii, Idaho, Montana, Nevada, Oregon and Washington (as well as the Northern Marianas and Guam).

| Sponsor Statement |

Senate Joint Resolution 5 : Endorses legislation introduced in the 106th and 107th Congress by Senators Ted Stevens and Frank Murkowski that would split the Ninth Circuit Court in two. The reconfigured Ninth would encompass Arizona, California and Nevada. The new Twelfth Circuit Court would take in Alaska, Hawaii, Idaho, Montana, Nevada, Oregon and Washington (as well as the Northern Marianas and Guam).


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