Legislature(2013 - 2014)CAPITOL 120

04/11/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SCR 2 ACQUIRE TONGASS NATIONAL FOREST LAND TELECONFERENCED
<Bill Hearing Canceled>
+ SB 173 SYNTHETIC DRUGS TELECONFERENCED
Heard & Held
+ HB 370 AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS TELECONFERENCED
<Bill Hearing Canceled>
+ HB 254 POWERS OF ATTORNEY TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 171 MULTIDISCIPLINARY CHILD PROTECTION TEAMS TELECONFERENCED
Moved HCS CSSB 171(2d JUD) Out of Committee
+= SB 187 CONFIDENTIAL INFORMATION: MISCONDUCT, RLS TELECONFERENCED
Moved HCS CSSB 187(JUD) Out of Committee
+= HB 60 UNIFORM REAL PROPERTY TRANSFERS ON DEATH TELECONFERENCED
<Bill Hearing Canceled>
+= HB 108 SURCHARGE ON FINES/ELEC. CITATION FUND TELECONFERENCED
Moved CSHB 108(JUD) Out of Committee
+ SJR 22 OPPOSE WARRANTLESS DATA COLLECTION TELECONFERENCED
Moved HCS SJR 22(JUD) Out of Committee
+= SB 108 CONFIDENTIALITY OF CRIMINAL CASE RECORDS TELECONFERENCED
Moved Out of Committee
-- Testimony <Invitation Only> --
        SB 187-CONFIDENTIAL INFORMATION: MISCONDUCT, RLS                                                                    
                                                                                                                                
1:39:01 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
CS FOR  SENATE BILL NO.  187(JUD)(title am), "An Act  relating to                                                               
the  crime of  misconduct involving  confidential information  in                                                               
the  first degree;  amending Rule  16, Alaska  Rules of  Criminal                                                               
Procedure; amending  Rule 8, Alaska  Child in Need of  Aid Rules;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
The committee took an at-ease from 1:39 p.m. to 1:42 p.m.                                                                       
                                                                                                                                
1:42:26 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Senator  John  Coghill,  Alaska  State                                                               
Legislature,   said  the   conceptual  amendment   just  reverses                                                               
statutes on page 4-5 to make  it clearer.  She said the amendment                                                               
inserts "limitation of disclosure  of certain recorded images and                                                               
records  that  are  also evidence  under  AS11.41.410-11.41.450."                                                               
And  beginning on  page 4,  line  31, the  following is  deleted:                                                               
"there  is also  evidence for  investigation under  AS 11.41.410-                                                               
11.41.450."   This was  a recommendation  from legal  services to                                                               
clarify  that  everything  in  subsection   (j)  applied  to  the                                                               
criminal codes, she explained.                                                                                                  
                                                                                                                                
1:43:35 PM                                                                                                                    
                                                                                                                                
MS.  MOSS said  Representative Gruenberg  had brought  up a  good                                                               
point about using  the word "physician."  The intent  was to give                                                               
access  to medical  records to  physicians, but  after conferring                                                               
with others, "physician" was  replaced with "healthcare provider"                                                               
on page 5, line 28.                                                                                                             
                                                                                                                                
The committee took an at-ease from 1:44 p.m. to 1:45 p.m.                                                                       
                                                                                                                                
1:45:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to  adopt Amendment 1, labeled 28-                                                               
LS1145\P.1, Strasbaugh, 4/9/14,  as follows [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 5, line 28:                                                                                                           
          Delete "physician"                                                                                                    
          Insert "health care provider"                                                                                         
                                                                                                                                
     Page 5, line 28, following "child.":                                                                                       
          Insert   "In   this   subsection,   "health   care                                                                    
     provider"  includes  a  physician,  dentist,  physician                                                                    
     assistant,  nurse,  nurse  practitioner,  psychologist,                                                                    
     counselor,  marital and  family  therapist, village  or                                                                    
     community  health  aide,  community health  worker,  or                                                                    
     another person  that provides health care  treatment in                                                                    
     the course and scope of the person's employment."                                                                          
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
1:46:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said that the  term "includes" on line 6                                                               
is defined in Title 1 to mean "included but not limited."                                                                       
                                                                                                                                
MS. MOSS said she agreed with that definition.                                                                                  
                                                                                                                                
CHAIR   KELLER  removed   his  objection.   Hearing  no   further                                                               
objections, Amendment 1 was adopted.                                                                                            
                                                                                                                                
1:47:13 PM                                                                                                                    
                                                                                                                                
JAN  RUTHERDALE,  Chair,  Children's   Justice  Act  Task  Force,                                                               
Department of  Health and Social  Services, said the  function of                                                               
the Children's Justice Act Task  Force is to make recommendations                                                               
that improve  the response to  child maltreatment, and  last fall                                                               
the task force drafted legislation that  led to SB 187.  She said                                                               
the  group  is  grateful  to  Senator  Coghill  for  carrying  it                                                               
through, and she told committee  members that they have documents                                                               
from a  "Lunch and Learn"  presentation done by the  taskforce in                                                               
February.   She expressed a concern  regarding pages 4 and  5 [of                                                               
SB  187] over  whether the  language only  offers protections  in                                                               
cases where there  is also evidence for an  investigation under a                                                               
criminal prosecution.   She  pointed out  that sometimes  a child                                                               
has been  abused and  there is an  examination and  photos taken,                                                               
but it  ends up being  a child-in-need-of-aid (CINA)  case rather                                                               
than a criminal  prosecution.  The same danger  could happen with                                                               
videos posted online, she said, and  "I don't want that to be the                                                               
effect,  where there's  a whole  class of  victims that  have the                                                               
potential of being re-victimized."   She said she cannot think of                                                               
a  sexual abuse  investigation that  would not  initially involve                                                               
the police, so if the law is  read in that way, "we are perfectly                                                               
happy with this,  but I just don't  want to leave out  a class of                                                               
victims."  Otherwise, she said,  the task force supports the bill                                                               
and the changes.                                                                                                                
                                                                                                                                
1:50:38 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  suggested  that  the sponsor  write  a  letter  of                                                               
explanation [to address the above concern].                                                                                     
                                                                                                                                
MS. MOSS  said, "They were trying  to word it so  that everything                                                               
in that paragraph  applied to CINA cases and  to criminal cases."                                                               
There was  concern that  only the first  sentence would  apply to                                                               
CINA  and  not  the  other  two sentences.  "They  wanted  to  be                                                               
inclusive,"  she added,  and she  offered to  get an  explanation                                                               
from Legislative Legal Services.                                                                                                
                                                                                                                                
1:51:47 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked if that was  the intent of the sponsor to make                                                               
sure that  CINA cases are  covered, and "you believe  that that's                                                               
what legal services has done?"                                                                                                  
                                                                                                                                
MS. MOSS said yes.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he wants  to be  sure that  it is                                                               
crystal  clear so  that no  one has  to come  back to  an obscure                                                               
House Judiciary hearing to sort it out.                                                                                         
                                                                                                                                
1:52:43 PM                                                                                                                    
                                                                                                                                
EMILY WRIGHT,  Assistant Attorney  General, Alaska  Department of                                                               
Law (DOL),  Child Protection Section, said  current CINA statutes                                                               
have a  huge amount of  confidentiality language built  in; there                                                               
are a lot of  protections already.  She said line  31 [of SB 187]                                                               
references  AS 47.10.011,  which  lists all  the  reasons that  a                                                               
child could be a child in need of aid.  She continued:                                                                          
                                                                                                                                
     If the  committee would like to  reference sexual abuse                                                                    
     and  sexual  abuse  statutes  for  child-in-need-of-aid                                                                    
     cases,  you could  add a  reference  to the  subsection                                                                    
     which specifically  deals with sexual abuse  and sexual                                                                    
     assault, which  is [paragraph] (7), and  then you would                                                                    
     also have the reference to  the criminal case, if there                                                                    
     is a criminal  case, and that way you  could cover both                                                                    
     sexual assault-sexual abuse of a  minor cases in a CINA                                                                    
     proceeding,   as  well   as  if   there's  a   criminal                                                                    
     proceeding.                                                                                                                
                                                                                                                                
1:54:04 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked if there would  be a danger of narrowing it to                                                               
the point that it increases the risk.                                                                                           
                                                                                                                                
MS. WRIGHT  said it would  narrow it  to sexual abuse  and sexual                                                               
abuse of  minor cases,  but her understanding  was that  that was                                                               
the point of the bill, to deal  with sexual abuse of minors.  The                                                               
DOL  position would  be that  there are  ample protections  under                                                               
CINA statutes in the rest of the realm, she stated.                                                                             
                                                                                                                                
CHAIR  KELLER clarified  that a  conceptual amendment  would just                                                               
add (7) on page 4, line 31, to read: AS 47.10.011(7).                                                                           
                                                                                                                                
1:55:11 PM                                                                                                                    
                                                                                                                                
MS. WRIGHT  pointed out that  the next reference to  the statute,                                                               
AS  47.14.300, is  the multidisciplinary  team, so  "that clearly                                                               
references all of the CINA sexual abuse statutes."                                                                              
                                                                                                                                
MS. MOSS said, "We introduced  this bill at the recommendation of                                                               
the Child  Justice Task  Force, and we've  been working  with the                                                               
Department of Law, with Jan  Rutherdale, with the task force, and                                                               
with  our legal  department  to  try to  get  this  right, and  I                                                               
thought we had it right."                                                                                                       
                                                                                                                                
1:56:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said he  sees "two potential differences                                                               
in here,"  and he  wants to  be sure  that the  bill accomplishes                                                               
what everyone wants  it to accomplish.  He asked  if the bill can                                                               
be put at the bottom of the  calendar to "let these guys talk and                                                               
see if  they want to  make a suggestion,  and then they  can come                                                               
back in a few minutes, because I  don't want you to be stuck with                                                               
the wrong thing."                                                                                                               
                                                                                                                                
CHAIR KELLER said that is a  very good suggestion, and he will do                                                               
so.  [SB 187 was set aside and taken up later in this hearing.]                                                                 
                                                                                                                                
1:57:42 PM                                                                                                                    
                                                                                                                                
        SB 187-CONFIDENTIAL INFORMATION: MISCONDUCT, RLS                                                                    
                                                                                                                                
2:25:12 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
the CS FOR  SENATE BILL NO. 187(JUD)(title am),  "An Act relating                                                               
to the crime of  misconduct involving confidential information in                                                               
the  first degree;  amending Rule  16, Alaska  Rules of  Criminal                                                               
Procedure; amending  Rule 8, Alaska  Child in Need of  Aid Rules;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
[The bill was heard earlier in this hearing.]                                                                                   
                                                                                                                                
The committee took an at-ease from 2:26 p.m. to 2:31 p.m.                                                                       
                                                                                                                                
2:31:24 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Senator  John  Coghill,  Alaska  State                                                               
Legislature, said she met with others  and is happy with the bill                                                               
as it  is.  Quinlan [Steiner  of Public Defender Agency]  was the                                                               
person who  recommended the amendment  that the  committee passed                                                               
last time, which, she said:                                                                                                     
                                                                                                                                
         added to line 30, on page 4, the language that                                                                         
        limitations on disclosure of certain recordings,                                                                        
       images, and records that are also evidence for an                                                                        
     investigation under AS 11.41.410 through 11.41.450.                                                                        
                                                                                                                                
MS. MOSS  said that Rule 8  is a rule  of CINA [Child in  Need of                                                               
Aid], which already is very  confidential, as the committee knows                                                               
through   the  years   of  passing   legislation  tightening   up                                                               
confidentiality, "but this  adds some subsections to  Rule 8 that                                                               
relate   to  criminal   investigations."   So,   she  said,   Jan                                                               
Rutherdale, Children's Justice Act  Task Force, and Emily Wright,                                                               
Assistant Attorney  General, have  looked at  the bill  and agree                                                               
with the  language.  Ms.  Wright had previously  mentioned adding                                                               
[paragraph] (7)  but was not saying  that it needed to  be added,                                                               
because that  would narrow the statute.   "So we like  it the way                                                               
it is," she concluded.                                                                                                          
                                                                                                                                
2:32:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said that  Ms.  Moss  has referred  to                                                               
language that is not in his version of the bill.                                                                                
                                                                                                                                
MS. MOSS  said, "That is  the amendment.   I'm reading it  as you                                                               
amended it at the last meeting."                                                                                                
                                                                                                                                
CHAIR KELLER  said Amendment  1, labeled  P.1, has  been adopted,                                                               
and that is what is being referenced.                                                                                           
                                                                                                                                
2:33:25 PM                                                                                                                    
                                                                                                                                
MS. MOSS said she is reading  that section as it was amended with                                                               
the conceptual amendment at the last meeting.                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  said, "This  is Conceptual  Amendment 1                                                               
by  Lynn,   adopted  without  objection.     That's  what  you're                                                               
referring to,  because they didn't  reprint Version P."   He said                                                               
he understands.                                                                                                                 
                                                                                                                                
2:34:13 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
REPRESENTATIVE LYNN  moved to report  CSSB 187(JUD),  labeled 28-                                                               
LS1145\P,   as  amended,   out  of   committee  with   individual                                                               
recommendations  and  the  updated  fiscal  notes.    Hearing  no                                                               
objections, HCS CSSB 187(JUD) passed out of committee.                                                                          
                                                                                                                                
2:35:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:35 p.m. to 2:36 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HCSCSSB 171 (JUD) Proposed Amendment Y.1.pdf HJUD 4/11/2014 1:00:00 PM
SB 171
HCSCSSB 187 (JUD) Proposed Amendment P.1.pdf HJUD 4/11/2014 1:00:00 PM
SB 187
CSSB 108 (JUD) Sponsor Statement.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
CSSB 108 (JUD) Sectional Analysis.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
CSSB 108 (JUD) Summary of Changes.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
CSSB 108 (JUD) Fiscal Note~LAW Updated.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 64~OVR Letter in Opposiiton to SB 108 Language in SB 64.pdf HJUD 4/11/2014 1:00:00 PM
SB 64
SB 108
SB 108 Opposition Letter~Office of Victims Rights.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Document~Civil Rule 37.5.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letter~Carmen Gutierrez.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letters.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letter~Mary Geddes.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letter~James Noble.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 173 Sponsor Statement.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
CSSB 173 (JUD) ver. O Summary of Changes.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
CSSB 173 (JUD) ver. O Sectional Analysis.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
CSSB 173 (JUD) Fiscal Note~OPA Updated.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Legal Memo Feb. 2014.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~NCSL Synthetic Drug Threat.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~Office of National Drug Control Policy.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~ 2014 Mat-Su Health Foundation Resolution.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~Anchorage Synthetic Drug Ordinance.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~Wasilla Proposed Synthetic Drug Ordinance.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~City of Bangor Synthetic Drug Ordinance.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Letter~AACP.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Letter~APOA.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Letter~Mayor Dan Sullivan.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
CSHB254 Support Documents - AMAC.pdf HJUD 4/11/2014 1:00:00 PM
HB 254
SB 108 Opposition Letter~Ellen Segal.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letter~Carmen Gutierrez April 2014.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 173 Leg. Legal Memo~March 28, 2014.pdf HJUD 4/11/2014 1:00:00 PM
SB 173