Legislature(2005 - 2006)

2005-05-09 Senate Journal

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2005-05-09                     Senate Journal                      Page 1515
HB 53                                                                                             
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;                                

2005-05-09                     Senate Journal                      Page 1516
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" was read the second time.                                      
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1506. Without objection, SENATE CS FOR CS FOR SPONSOR                                               
SUBSTITUTE FOR HOUSE BILL NO. 53(FIN) was adopted.                                                  
                                                                                                    
Senator French offered 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 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;                                                                               
                                                                                                    

2005-05-09                     Senate Journal                      Page 1517
                 (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"                                                                               
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1518
SCS CSSSHB 53(FIN)                                                                                  
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  10   NAYS:  9   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Kookesh,                                 
Olson, Wagoner                                                                                      
                                                                                                    
Nays:  Cowdery, Green, Huggins, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wilken                                                                       
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, Amendment No. 1was adopted.                                                                 
                                                                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HB                                                      
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 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                               

2005-05-09                     Senate Journal                      Page 1519
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" (Title change authorized by SCR 17)                                
was read the third time.                                                                            
                                                                                                    
Senators Ellis, Elton, Kookesh, French, Davis, Dyson, Guess, Olson,                                 
Wilken, Therriault, Wagoner, Seekins moved and asked unanimous                                      
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR SPONSOR                                             
SUBSTITUTE FOR HB 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 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                               

2005-05-09                     Senate Journal                      Page 1520
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" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSSSHB 53(FIN) am S                                                                             
Third Reading - Final Passage                                                                       
Effective Dates           Court Rules                                                               
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR                                                 
HOUSE BILL NO. 53(FIN) am S passed the Senate.                                                      
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the Court                                 
Rule changes. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered.                                                 
                                                                                                    
In accordance with Uniform Rule 43, engrossment was waived on                                       
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                   
BILL NO. 53(FIN) am S and the bill was returned to the house for                                    
consideration with certified amendments.