Legislature(2005 - 2006)

2005-05-10 House Journal

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2005-05-10                     House Journal                      Page 1896
HB 53                                                                                             
A message dated May 9, 2005, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     53(FIN)                                                                                        
     "An Act relating to child-in-need-of-aid proceedings; amending                                 
     the construction of statutes pertaining to children in need of aid;                            
     relating to guardianships; relating to the confidentiality of                                  

2005-05-10                     House Journal                      Page 1897
     investigations, court hearings, court records, and public agency                               
     records and information in child-in-need-of-aid matters and                                    
     certain child protection matters, to immunity regarding disclosure                             
     of information in child-in-need-of-aid matters and certain child                               
     protection matters, to proceedings regarding voluntary                                         
     relinquishment and termination of a parent and child relationship,                             
     to eligibility for permanent fund dividends for certain children in                            
     the custody of the state, and to juvenile delinquency proceedings                              
     and placements; reestablishing and relating to a state citizens'                               
     review panel; amending the obligation of a public agency to                                    
     disclose agency information pertaining to a child in need of aid;                              
     relating to disclosure of confidential or privileged information                               
     about children and families involved with children's services                                  
     within the Department of Health and Social Services to officials                               
     for review or use in official capacities; relating to reports of harm                          
     and to adoptions and foster care; relating to consent for the                                  
     medication of children in state custody; prescribing the rights of                             
     family members related to child-in-need-of-aid cases and                                       
     establishing a familial priority for adoption; modifying adoption                              
     and placement procedures in certain child-in-need-of-aid cases;                                
     amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2,                                 
     18, and 22, Alaska Child in Need of Aid Rules of Procedure, and                                
     Rules 14 and 15, Alaska Rules of Probate Procedure; and                                        
     providing for an effective date."                                                              
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 53(FIN)                                             
     am S                                                                                           
     "An Act relating to child-in-need-of-aid proceedings; amending                                 
     the construction of statutes pertaining to children in need of aid;                            
     relating to guardianships; relating to the confidentiality of                                  
     investigations, court hearings, court records, and public agency                               
     records and information in child-in-need-of-aid matters and                                    
     certain child protection matters, to immunity regarding disclosure                             
     of information in child-in-need-of-aid matters and certain child                               
     protection matters, to proceedings regarding voluntary                                         
     relinquishment and termination of a parent and child relationship,                             
     to eligibility for permanent fund dividends for certain children in                            
     the custody of the state, and to juvenile delinquency proceedings                              

2005-05-10                     House Journal                      Page 1898
     and placements; reestablishing and relating to a state citizens'                               
     review panel; amending the obligation of a public agency to                                    
     disclose agency information pertaining to a child in need of aid;                              
     relating to disclosure of confidential or privileged information                               
     about children and families involved with children's services                                  
     within the Department of Health and Social Services to officials                               
     for review or use in official capacities; relating to reports of harm                          
     and to adoptions and foster care; relating to consent for the                                  
     medication of children in state custody; prescribing the rights of                             
     family members related to child-in-need-of-aid cases and                                       
     establishing a familial priority for adoption; modifying adoption                              
     and placement procedures in certain child-in-need-of-aid cases;                                
     amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2,                                 
     18, and 22, Alaska Child in Need of Aid Rules of Procedure, and                                
     Rules 14 and 15, Alaska Rules of Probate Procedure; relating to                                
     the admissibility into evidence of the prior recorded statement of a                           
     crime victim less than 16 years of age; and amending Rule 801,                                 
      Alaska Rules of Evidence; and providing for an effective date."                              
                                                                                                    
 (SCR 17 - title change resolution)                                                                 
                                                                                                    
The message further stated that under Rule 43(b) of the Uniform                                     
Rules, engrossment had been waived and the following certified                                      
amendment was attached:                                                                             
                                                                                                    
Certified Amendment No. 1:                                                                          
                                                                                                    
Page 2, line 7, following "Probate Procedure;":                                                   
 Insert "relating to the admissibility into evidence of the prior                                 
recorded statement of a crime victim less than 16 years of age; and                               
amending Rule 801, Alaska Rules of Evidence."                                                     
                                                                                                    
Page 30, following line 27:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 59.  The uncodified law of the State of Alaska is amended by                           
adding a new section to read:                                                                       
 DIRECT COURT RULE AMENDMENT.  Rule 801(d), Alaska                                                  
Rules of Evidence, is amended by adding a new paragraph to read:                                    
  (3)  Recorded Statement by Child Victims of Crime.  The                                           
statement is a recorded statement by the victim of a crime who is less                              

2005-05-10                     House Journal                      Page 1899
than 16 years of age and                                                                            
      (A)  the recording was made before the proceeding;                                            
      (B)  the victim is available for cross-examination;                                           
      (C)  the prosecutor and any attorney representing the                                         
     defendant were not present when the statement was taken;                                       
      (D)  the recording is on videotape or other format that records                               
     both the visual and aural components of the statement;                                         
      (E)  each person who participated in the taking of the                                        
     statement is identified on the recording;                                                      
      (F)  the taking of the statement as a whole was conducted in a                                
     manner that would avoid undue influence of the victim;                                         
      (G)  the defense has been provided a reasonable opportunity                                   
     to view the recording before the proceeding; and                                               
      (H)  the court has had an opportunity to view the recording                                   
     and determine that it is sufficiently reliable and trustworthy and                             
     that the interests of justice are best served by admitting the                                 
     recording into evidence."                                                                      
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Page 32, line 28:                                                                                   
 Delete "sec. 59(d)"                                                                                
 Insert "sec. 60(d)"                                                                                
                                                                                                    
Page 33, line 7:                                                                                    
 Delete "60"                                                                                        
 Insert "61"                                                                                        
                                                                                                    
Page 33, line 20:                                                                                   
 Delete "sec. 59(a)"                                                                                
 Insert "sec. 60(a)"                                                                                
                                                                                                    
Page 33, line 23:                                                                                   
 Delete: "sec. 64"                                                                                  
 Insert "sec. 65"                                                                                   
                                                                                                    
Page 33, line 26:                                                                                   
 Delete "sec. 65"                                                                                   
 Insert "sec. 66"                                                                                   
                                                                                                    

2005-05-10                     House Journal                      Page 1900
CSSSHB 53(FIN) is under Unfinished Business.                                                        
HB 53                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 1896) on the following:                                     
                                                                                                    

2005-05-10                     House Journal                      Page 1901
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     53(FIN)                                                                                        
     "An Act relating to child-in-need-of-aid proceedings; amending                                 
     the construction of statutes pertaining to children in need of aid;                            
     relating to guardianships; relating to the confidentiality of                                  
     investigations, court hearings, court records, and public agency                               
     records and information in child-in-need-of-aid matters and                                    
     certain child protection matters, to immunity regarding disclosure                             
     of information in child-in-need-of-aid matters and certain child                               
     protection matters, to proceedings regarding voluntary                                         
     relinquishment and termination of a parent and child relationship,                             
     to eligibility for permanent fund dividends for certain children in                            
     the custody of the state, and to juvenile delinquency proceedings                              
     and placements; reestablishing and relating to a state citizens'                               
     review panel; amending the obligation of a public agency to                                    
     disclose agency information pertaining to a child in need of aid;                              
     relating to disclosure of confidential or privileged information                               
     about children and families involved with children's services                                  
     within the Department of Health and Social Services to officials                               
     for review or use in official capacities; relating to reports of harm                          
     and to adoptions and foster care; relating to consent for the                                  
     medication of children in state custody; prescribing the rights of                             
     family members related to child-in-need-of-aid cases and                                       
     establishing a familial priority for adoption; modifying adoption                              
     and placement procedures in certain child-in-need-of-aid cases;                                
     amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2,                                 
     18, and 22, Alaska Child in Need of Aid Rules of Procedure, and                                
     Rules 14 and 15, Alaska Rules of Probate Procedure; and                                        
     providing for an effective date."                                                              
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 53(FIN)                                             
     am S                                                                                           
     "An Act relating to child-in-need-of-aid proceedings; amending                                 
     the construction of statutes pertaining to children in need of aid;                            
     relating to guardianships; relating to the confidentiality of                                  
     investigations, court hearings, court records, and public agency                               
     records and information in child-in-need-of-aid matters and                                    
     certain child protection matters, to immunity regarding disclosure                             

2005-05-10                     House Journal                      Page 1902
     of information in child-in-need-of-aid matters and certain child                               
     protection matters, to proceedings regarding voluntary                                         
     relinquishment and termination of a parent and child relationship,                             
     to eligibility for permanent fund dividends for certain children in                            
     the custody of the state, and to juvenile delinquency proceedings                              
     and placements; reestablishing and relating to a state citizens'                               
     review panel; amending the obligation of a public agency to                                    
     disclose agency information pertaining to a child in need of aid;                              
     relating to disclosure of confidential or privileged information                               
     about children and families involved with children's services                                  
     within the Department of Health and Social Services to officials                               
     for review or use in official capacities; relating to reports of harm                          
     and to adoptions and foster care; relating to consent for the                                  
     medication of children in state custody; prescribing the rights of                             
     family members related to child-in-need-of-aid cases and                                       
     establishing a familial priority for adoption; modifying adoption                              
     and placement procedures in certain child-in-need-of-aid cases;                                
     amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2,                                 
     18, and 22, Alaska Child in Need of Aid Rules of Procedure, and                                
     Rules 14 and 15, Alaska Rules of Probate Procedure; relating to                                
     the admissibility into evidence of the prior recorded statement of a                           
     crime victim less than 16 years of age; and amending Rule 801,                                 
      Alaska Rules of Evidence; and providing for an effective date."                              
                                                                                                    
 (SCR 17 - title change resolution)                                                                 
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSSSHB 53(FIN), thus adopting SCS CSSSHB                                               
53(FIN) am S, and recommended that the members vote yes.                                            
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSSSHB 53(FIN)?"  The roll was taken with the                                          
following result:                                                                                   
                                                                                                    
SCS CSSSHB 53(FIN) am S                                                                             
Concur                                                                                              
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  0   ABSENT:  4                                                   
                                                                                                    

2005-05-10                     House Journal                      Page 1903
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux,                                
Lynn, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Samuels,                                      
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
Absent:  Guttenberg, Kapsner, Ramras, Salmon                                                        
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSSSHB 53(FIN) am S.                                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
court rule changes.  There being no objection, it was so ordered.                                   
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSSSHB 53(FIN) am S was referred to the Chief Clerk for                                         
enrollment.