Legislature(2013 - 2014)CAPITOL 120

04/09/2014 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
--Delayed to 1:20 p.m. Today--
+ SB 108 CONFIDENTIALITY OF CRIMINAL CASE RECORDS TELECONFERENCED
<Bill Hearing Canceled>
+ SB 116 SERVICE OF CITATIONS TELECONFERENCED
Moved Out of Committee
+ SB 170 AFFIRMATIVE DEFENSE TO PROSTITUTION TELECONFERENCED
Scheduled But Not Heard
+ SJR 22 OPPOSE WARRANTLESS DATA COLLECTION TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Moved HCS CSSB 64(JUD) Out of Committee
-- Testimony <Invitation Only> --
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Moved CSHB 282(JUD) Out of Committee
+= HB 108 SURCHARGE ON FINES/ELEC. CITATION FUND TELECONFERENCED
<Bill Hearing Canceled>
+= HB 60 UNIFORM REAL PROPERTY TRANSFERS ON DEATH TELECONFERENCED
Moved CSHB 60(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 9, 2014                                                                                          
                           1:25 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Bob Lynn, Vice Chair                                                                                             
Representative Gabrielle LeDoux                                                                                                 
Representative Lance Pruitt                                                                                                     
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Neal Foster                                                                                                      
Representative Charisse Millett                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 282                                                                                                              
"An Act  relating to  the rights  and obligations  of residential                                                               
landlords and tenants; and relating  to the taking of a permanent                                                               
fund  dividend  for  rent  and  damages  owed  to  a  residential                                                               
landlord."                                                                                                                      
                                                                                                                                
     - MOVED CSHB 282(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 60                                                                                                               
"An  Act  adopting and  relating  to  the Uniform  Real  Property                                                               
Transfer on Death Act."                                                                                                         
                                                                                                                                
     - MOVED CSHB 60(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 64(FIN)                                                                                
"An Act relating to theft  and property offenses; relating to the                                                               
definition  of 'prior  convictions' for  certain theft  offenses;                                                               
establishing   the  Alaska   Criminal   Justice  Commission   and                                                               
providing an expiration date; relating  to the crime of custodial                                                               
interference;  relating  to the  duties  of  the Alaska  Judicial                                                               
Council;  relating to  jail-time credit  for offenders  in court-                                                               
ordered treatment  programs; relating  to conditions  of release,                                                               
probation, and parole; relating to  duties of the commissioner of                                                               
corrections  and  board  of  parole;   establishing  a  fund  for                                                               
reducing  recidivism  in  the Department  of  Health  and  Social                                                               
Services;  requiring  the  commissioner   of  health  and  social                                                               
services  to  establish programs  for  persons  on conditions  of                                                               
release  or   probation  that  require  testing   for  controlled                                                               
substances  and  alcoholic  beverages;  requiring  the  board  of                                                               
parole to establish  programs for persons on  parole that require                                                               
testing  for  controlled   substances  and  alcoholic  beverages;                                                               
relating to  the duties  of the Department  of Health  and Social                                                               
Services; and providing for an effective date."                                                                                 
                                                                                                                                
     - MOVED HCS CSSB 64(JUD) OUT OF COMMITTEE                                                                                  
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 116(STA)                                                                               
"An Act  relating to  service of  citations; amending  Rule 3(f),                                                               
Alaska  Rules of  Minor Offense  Procedure; repealing  Rule 3(g),                                                               
Alaska Rules  of Minor  Offense Procedure;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSSB 116(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 108(JUD)                                                                               
"An Act  relating to  the confidentiality  of certain  records of                                                               
criminal cases; and providing for an effective date."                                                                           
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
SENATE BILL NO. 170                                                                                                             
"An Act  relating to a defense  to the crime of  prostitution for                                                               
victims of sex trafficking."                                                                                                    
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SENATE JOINT RESOLUTION NO. 22 AM                                                                                               
Opposing  the warrantless  collection of  telephone call  data by                                                               
the National Security Agency.                                                                                                   
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 108                                                                                                              
"An   Act  relating   to  electronic   citations;  creating   the                                                               
electronic citation fund; and providing for an effective date."                                                                 
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 282                                                                                                                  
SHORT TITLE: LANDLORD AND TENANT ACT                                                                                            
SPONSOR(s): REPRESENTATIVE(s) ISAACSON                                                                                          
                                                                                                                                
01/29/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/29/14       (H)       L&C, JUD                                                                                               
02/28/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/28/14       (H)       Heard & Held                                                                                           
02/28/14       (H)       MINUTE(L&C)                                                                                            
03/14/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/14/14       (H)       Heard & Held                                                                                           
03/14/14       (H)       MINUTE(L&C)                                                                                            
03/17/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/17/14       (H)       Moved CSHB 282(L&C) Out of Committee                                                                   
03/17/14       (H)       MINUTE(L&C)                                                                                            
03/19/14       (H)       L&C RPT CS(L&C) 1DP 6NR                                                                                
03/19/14       (H)       DP: JOSEPHSON                                                                                          
03/19/14       (H)       NR:    MILLETT,     CHENAULT,    HERRON,                                                               
                         REINBOLD, SADDLER, OLSON                                                                               
03/28/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/14       (H)       Heard & Held                                                                                           
03/28/14       (H)       MINUTE(JUD)                                                                                            
04/04/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/04/14       (H)       Heard & Held                                                                                           
04/04/14       (H)       MINUTE(JUD)                                                                                            
04/07/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/07/14       (H)       Heard & Held                                                                                           
04/07/14       (H)       MINUTE(JUD)                                                                                            
04/09/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB  60                                                                                                                  
SHORT TITLE: UNIFORM REAL PROPERTY TRANSFERS ON DEATH                                                                           
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG                                                                                         
                                                                                                                                
01/16/13       (H)       PREFILE RELEASED 1/11/13                                                                               
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       L&C, JUD                                                                                               
03/21/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/21/14       (H)       -- MEETING CANCELED --                                                                                 
03/24/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/24/14       (H)       Heard & Held                                                                                           
03/24/14       (H)       MINUTE(L&C)                                                                                            
03/28/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/28/14       (H)       Moved CSHB  60(L&C) Out of Committee                                                                   
03/28/14       (H)       MINUTE(L&C)                                                                                            
03/31/14       (H)       L&C RPT CS(L&C) NT 2DP 3NR                                                                             
03/31/14       (H)       DP: JOSEPHSON, OLSON                                                                                   
03/31/14       (H)       NR: CHENAULT, HERRON, JOHNSON                                                                          
04/07/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/07/14       (H)       Heard & Held                                                                                           
04/07/14       (H)       MINUTE(JUD)                                                                                            
04/09/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB  64                                                                                                                  
SHORT TITLE: OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                          
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
02/27/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/13       (S)       STA, JUD                                                                                               
04/04/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/04/13       (S)       <Bill Hearing Postponed>                                                                               
04/09/13       (S)       STA RPT CS  1DP 1NR 1AM  NEW TITLE                                                                     
04/09/13       (S)       DP: DYSON                                                                                              
04/09/13       (S)       NR: GIESSEL                                                                                            
04/09/13       (S)       AM: COGHILL                                                                                            
04/09/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/09/13       (S)       Moved CSSB  64(STA) Out of Committee                                                                   
04/09/13       (S)       MINUTE(STA)                                                                                            
07/25/13       (S)       JUD AT 10:00 AM WASILLA                                                                                
07/25/13       (S)       Heard & Held                                                                                           
07/25/13       (S)       MINUTE(JUD)                                                                                            
01/29/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/29/14       (S)       Heard & Held                                                                                           
01/29/14       (S)       MINUTE(JUD)                                                                                            
01/31/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/31/14       (S)       Heard & Held                                                                                           
01/31/14       (S)       MINUTE(JUD)                                                                                            
02/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/03/14       (S)       Heard & Held                                                                                           
02/03/14       (S)       MINUTE(JUD)                                                                                            
02/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/05/14       (S)       Heard & Held                                                                                           
02/05/14       (S)       MINUTE(JUD)                                                                                            
02/07/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/07/14       (S)       -- MEETING CANCELED --                                                                                 
02/10/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/10/14       (S)       Heard & Held                                                                                           
02/10/14       (S)       MINUTE(JUD)                                                                                            
02/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/12/14       (S)       Moved CSSB  64(JUD) Out of Committee                                                                   
02/12/14       (S)       MINUTE(JUD)                                                                                            
02/14/14       (S)       JUD RPT CS  4DP 1NR  NEW TITLE                                                                         
02/14/14       (S)       DP: COGHILL, MCGUIRE, WIELECHOWSKI,                                                                    
                         DYSON                                                                                                  
02/14/14       (S)       NR: OLSON                                                                                              
02/14/14       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
02/25/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/25/14       (S)       Heard & Held                                                                                           
02/25/14       (S)       MINUTE(FIN)                                                                                            
03/06/14       (S)       FIN AT 5:00 PM SENATE FINANCE 532                                                                      
03/06/14       (S)       Heard & Held                                                                                           
03/06/14       (S)       MINUTE(FIN)                                                                                            
03/11/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/11/14       (S)       Heard & Held                                                                                           
03/11/14       (S)       MINUTE(FIN)                                                                                            
03/11/14       (S)       FIN AT 5:00 PM SENATE FINANCE 532                                                                      
03/11/14       (S)       Heard & Held                                                                                           
03/11/14       (S)       MINUTE(FIN)                                                                                            
03/13/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/13/14       (S)       Moved CSSB  64(FIN) Out of Committee                                                                   
03/13/14       (S)       MINUTE(FIN)                                                                                            
03/14/14       (S)       FIN RPT CS  3DP 1NR 3AM   NEW TITLE                                                                    
03/14/14       (S)       DP: KELLY, MEYER, HOFFMAN                                                                              
03/14/14       (S)       NR: OLSON                                                                                              
03/14/14       (S)       AM: FAIRCLOUGH, DUNLEAVY, BISHOP                                                                       
03/14/14       (S)       TRANSMITTED TO (H)                                                                                     
03/14/14       (S)       VERSION: CSSB 64(FIN)                                                                                  
03/17/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/14       (H)       JUD, FIN                                                                                               
03/24/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/24/14       (H)       Heard & Held                                                                                           
03/24/14       (H)       MINUTE(JUD)                                                                                            
03/26/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/26/14       (H)       Heard & Held                                                                                           
03/26/14       (H)       MINUTE(JUD)                                                                                            
03/28/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/14       (H)       Heard & Held                                                                                           
03/28/14       (H)       MINUTE(JUD)                                                                                            
03/31/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/31/14       (H)       Scheduled But Not Heard                                                                                
04/02/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/02/14       (H)       Heard & Held                                                                                           
04/02/14       (H)       MINUTE(JUD)                                                                                            
04/04/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/04/14       (H)       Heard & Held                                                                                           
04/04/14       (H)       MINUTE(JUD)                                                                                            
04/07/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/07/14       (H)       <Bill Hearing Canceled>                                                                                
04/09/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 116                                                                                                                  
SHORT TITLE: SERVICE OF CITATIONS                                                                                               
SPONSOR(s): EGAN                                                                                                                
                                                                                                                                
01/22/14       (S)       PREFILE RELEASED 1/17/14                                                                               
01/22/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/14       (S)       STA                                                                                                    
03/13/14       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/13/14       (S)       Moved CSSB 116(STA) Out of Committee                                                                   
03/13/14       (S)       MINUTE(STA)                                                                                            
03/14/14       (S)       STA RPT CS  3DP    SAME TITLE                                                                          
03/14/14       (S)       DP: DYSON, COGHILL, GIESSEL                                                                            
03/21/14       (S)       TRANSMITTED TO (H)                                                                                     
03/21/14       (S)       VERSION: CSSB 116(STA)                                                                                 
03/24/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/24/14       (H)       STA, JUD                                                                                               
03/27/14       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/27/14       (H)       Moved Out of Committee                                                                                 
03/27/14       (H)       MINUTE(STA)                                                                                            
03/28/14       (H)       STA RPT 6DP                                                                                            
03/28/14       (H)       DP: GATTIS, KELLER, ISAACSON, HUGHES,                                                                  
                         KREISS-TOMKINS, LYNN                                                                                   
04/09/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE DOUG ISAACSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor, introduced the                                                                
proposed committee substitute (CS) for HB 282, Version Y.                                                                       
                                                                                                                                
BRENDA HEWITT, Staff                                                                                                            
Representative Doug Isaacson                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  On behalf of Representative Isaacson,                                                                  
sponsor, provided a sectional analysis of the changes in the                                                                  
proposed committee substitute (CS) for HB 282, Version Y.                                                                       
                                                                                                                                
CLYDE (ED) SNIFFEN, Jr., Senior Assistant Attorney General                                                                      
Commercial and Fair Business Section                                                                                            
Civil Division (Anchorage)                                                                                                      
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered a question during the hearing of                                                                
the proposed committee substitute (CS) for HB 282, Version Y.                                                                   
                                                                                                                                
BEN ORZESKE, Legislative Counsel                                                                                                
Uniform Law Commission                                                                                                          
Chicago, Illinois                                                                                                               
POSITION STATEMENT:   Answered a  question during the  hearing of                                                             
CSHB 60.                                                                                                                        
                                                                                                                                
ERNEST PRAX, Staff                                                                                                              
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Introduced  proposed   House  committee                                                             
substitute for CSSB 64(FIN), Version M.                                                                                         
                                                                                                                                
DOUG GARDNER, Director                                                                                                          
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Provided  testimony  regarding  proposed                                                             
amendments  to  House  committee  substitute  for  CSSB  64(FIN),                                                               
Version M.                                                                                                                      
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Central Office                                                                                                                  
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Provided testimony  during the  hearing of                                                             
the  proposed  House  committee   substitute  for  CSSB  64(FIN),                                                               
Version M.                                                                                                                      
                                                                                                                                
TIFFANY THOMAS, Driver Licensing Manager                                                                                        
Director's Office                                                                                                               
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Answered questions  during the  hearing on                                                             
the  proposed  House  committee   substitute  for  CSSB  64(FIN),                                                               
Version M.                                                                                                                      
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section                                                                                                          
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided testimony  on the  proposed House                                                             
committee substitute for CSSB 64(FIN), Version M.                                                                               
                                                                                                                                
JORDAN SHILLING, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided testimony  during the  hearing of                                                             
proposed House  committee substitute for CSSB  64(FIN), on behalf                                                               
of  Senator  Coghill,  chair of  the  Senate  Judiciary  Standing                                                               
Committee, sponsor of SB 64.                                                                                                    
                                                                                                                                
SENATOR DENNIS EGAN                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor, introduced SB 116.                                                              
                                                                                                                                
JESSE KIEHL, Staff                                                                                                              
Senator Dennis Egan                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    On  behalf   of  Senator  Egan,  sponsor,                                                             
answered a question during the hearing of SB 116.                                                                               
                                                                                                                                
SCOTT BLOOM, City Attorney                                                                                                      
City of Kenai                                                                                                                   
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of SB 116.                                                                          
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Staff                                                                                                            
Office of the Administrative Director                                                                                           
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions  during the hearing of SB                                                             
116.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:25:10 PM                                                                                                                    
                                                                                                                                
CHAIR WES  KELLER called the  House Judiciary  Standing Committee                                                             
meeting to order at 1:25 p.m.   Present at the call to order were                                                               
Representatives Pruitt, Gruenberg, LeDoux, Lynn, and Keller.                                                                    
                                                                                                                                
                 HB 282-LANDLORD AND TENANT ACT                                                                             
                                                                                                                                
1:25:36 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  first order of business would be                                                               
HOUSE  BILL  NO.   282  "An  Act  relating  to   the  rights  and                                                               
obligations of  residential landlords  and tenants;  and relating                                                               
to the taking  of a permanent fund dividend for  rent and damages                                                               
owed to a residential landlord."                                                                                                
                                                                                                                                
1:26:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOUG ISAACSON,  Alaska State Legislature, speaking                                                               
as the sponsor,  introduced the committee substitute  (CS) for HB                                                               
282,  labeled   28-LS0930\Y,  Bullock,   4/8/14.     He  directed                                                               
attention to a  comparison which was descriptive  of the proposed                                                               
CS for  HB 282, Version  Y, which  was provided in  the committee                                                               
packet.                                                                                                                         
                                                                                                                                
1:28:22 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:28 p.m. to 1:29 p.m.                                                                       
                                                                                                                                
1:30:03 [PM                                                                                                                   
                                                                                                                                
BRENDA HEWITT, Staff, Representative  Doug Isaacson, Alaska State                                                               
Legislature,  stated  her  belief  that  all  of  the  amendments                                                               
offered at the  House Judiciary Standing Committee  of 4/7/14 are                                                               
incorporated  in the  proposed CS  for HB  282, Version  Y.   She                                                               
began a sectional analysis, pointing  out that in order to retain                                                               
the word  "Uniform," sections 1,  2, 3,  and 17 were  removed and                                                               
the remaining sections were renumbered.                                                                                         
                                                                                                                                
1:30:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  made a motion  to adopt the proposed  CS for                                                               
HB  282, labeled  28-LS0930\Y, Bullock,  4/8/14, [as  the working                                                               
draft.   There  being  no  objection, Version  Y  was before  the                                                               
committee.]                                                                                                                     
                                                                                                                                
MS. HEWITT  returned to  the sectional  analysis and  said former                                                               
section 4 is  now section 1, which changes the  word "parties" to                                                               
"landlord and tenant."  Former section  5 is now section 2, which                                                               
reaffirms that the  maximum amount of prepaid rent  or deposit is                                                               
two  months, unless  another month  is  added for  pets.   Former                                                               
section  6 is  now section  3,  which provides  a definition  for                                                               
normal wear and  tear.  Former section 7 is  now section 4, which                                                               
provides  for  the  landlord  to   separately  account  for  each                                                               
tenant's prepaid rent and security  deposit.  Former section 8 is                                                               
now section  5, which  allows the  landlord 30  days to  return a                                                               
damage deposit  if there has  been damage.   Former section  9 is                                                               
now  section 6,  which  permits for  the  additional deposit  for                                                               
pets,  defines  normal  wear  and  tear,  and  also  defines  the                                                               
difference  between  a  service  animal  and  a  comfort  animal.                                                               
Former section  10 is now  section 7,  which directs that  both a                                                               
landlord and  a tenant sign  a premises condition  statement when                                                               
the  tenant takes  occupancy  in order  to  determine damage  and                                                               
normal wear and tear.  Former  section 11 is now section 8, which                                                               
allows  for the  rental of  dry  cabins, if  both parties  agree.                                                               
Former section 12 is now section  9, which allows the landlord to                                                               
restrict the number  of inhabitants and to add the  words "or the                                                               
rental agreement."   Former section  13 is now section  10, which                                                               
adds a new  subsection to allow the landlord to  request a tenant                                                               
to  return  the dwelling  in  substantially  the same  condition,                                                               
including professional  cleaning of the carpets.   Former section                                                               
14  was removed.   Former  section 15  is now  section 11,  which                                                               
allows  the landlord  an expedited  eviction process  for tenants                                                               
who are  engaged in illegal  activities.  Former sections  16 and                                                               
17 were  removed.   Former section  18 is  now section  12, which                                                               
allows  landlords   to  collect  unpaid  rent   from  a  person's                                                               
Permanent  Fund  Dividend  by  the  eighth  priority  ranking  of                                                               
involuntary deductions.                                                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX  directed attention  to proposed  section 2                                                               
on page 2, lines 4-8, which read:                                                                                               
                                                                                                                                
     (a) Except  as provided in  (h) of this section,  a [A]                                                                
     landlord may  not demand or  receive prepaid rent  or a                                                                    
     security deposit, however denominated,  in an amount or                                                                    
     value in  excess of  two months'  periodic rent.   This                                                                    
     section does not  apply to rental units  where the rent                                                                    
     exceeds $2,000 a month.                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked for the  reason this section does not                                                               
apply to units where the rent exceeds $2,000 a month.                                                                           
                                                                                                                                
MS. HEWITT answered that this is  part of the current law and she                                                               
was unsure of the reasoning.                                                                                                    
                                                                                                                                
1:34:50 PM                                                                                                                    
                                                                                                                                
CLYDE  (ED)  SNIFFEN,  Jr., Senior  Assistant  Attorney  General,                                                               
Commercial   and   Fair    Business   Section,   Civil   Division                                                               
(Anchorage), Department of  Law, said he did not  know, but could                                                               
provide an answer at a later date.                                                                                              
                                                                                                                                
REPRESENTATIVE LEDOUX  said she  would appreciate an  answer, but                                                               
she would not hold up the bill.                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested  that higher security deposits                                                               
are recommended for very expensive units.                                                                                       
                                                                                                                                
MS.  HEWITT,  in  response  to  a  question  from  Representative                                                               
Gruenberg,  clarified that  a typographical  error  was found  on                                                               
page 3  of the sectional analysis  related to section 9,  but the                                                               
error is not found in the bill.                                                                                                 
                                                                                                                                
1:37:33 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
1:38:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  made a  motion to  report the  proposed CS                                                               
for  HB  282,  Version  28-LS0930\Y,   Bullock,  4/8/14,  out  of                                                               
committee, with  individual recommendations and  the accompanying                                                               
zero fiscal  note.  There  being no objection, CSHB  282(JUD) was                                                               
reported out of the House Judiciary Standing Committee.                                                                         
1:38:51 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:38 p.m. to 1:45 p.m.                                                                       
                                                                                                                                
        HB  60-UNIFORM REAL PROPERTY TRANSFERS ON DEATH                                                                     
                                                                                                                                
1:45:14 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE BILL NO.  60, "An Act adopting and relating  to the Uniform                                                               
Real Property Transfer on Death Act."                                                                                           
                                                                                                                                
[Chair Keller stated  that having been adopted at  the meeting of                                                               
4/7/14,  the  proposed  committee  substitute  (CS)  for  HB  60,                                                               
Version 28-LS0265\Y,  Banister, 4/6/14, was before  the committee                                                               
with  an  objection  for  the  purpose  of  discussion  by  Chair                                                               
Keller.]                                                                                                                        
                                                                                                                                
CHAIR KELLER, in response to  Representative Gruenberg, named the                                                               
witnesses who are available to testify on HB 60.                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG recalled that  the committee has already                                                               
vetted  the  proposed  bill.    He  stressed  the  importance  of                                                               
proposed section 1, which allows  trusts that are administered in                                                               
Alaska to  have -  as a  default provision -  the "choice  of law                                                               
provision" where the law of Alaska  will apply.  The remainder of                                                               
the  bill is  the Uniform  Real Property  Transfer On  Death Act,                                                               
which will take the place  of completing the probate/will process                                                               
or  having   a  trust,  and   will  conform  the   Probate  Code.                                                               
Representative Gruenberg  said Version  Y of the  bill eliminates                                                               
the provision  in a  previous version which  allowed title  to be                                                               
held  in joint  tenancy  with  the right  of  survivorship.   The                                                               
current state of  the law in Alaska prohibits  joint tenancy with                                                               
the  right of  survivorship -  where the  property passes  to the                                                               
surviving owners  - unless it  is in the  case of tenancy  of the                                                               
entirety, which only  applies to a husband and  wife, meeting the                                                               
definition of  husband and wife  under Alaska law.   He clarified                                                               
that there  should be no  expansion in  the proposed bill  in the                                                               
rights of same-sex couples.                                                                                                     
                                                                                                                                
CHAIR KELLER remarked:                                                                                                          
                                                                                                                                
     So there  is no  expansion whatsoever on  the different                                                                    
     rights  that  are  tied   to  tenancy  groups,  tenancy                                                                    
     definitions   like  right   of  survivorship...it   all                                                                    
     remains unchanged just by existing law.                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said his  understanding of the bill will                                                               
be confirmed by forthcoming testimony.                                                                                          
                                                                                                                                
1:50:05 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER opened public testimony on proposed CSHB 60.                                                                       
                                                                                                                                
1:50:28 PM                                                                                                                    
                                                                                                                                
BEN  ORZESKE,   Legislative  Counsel,  Uniform   Law  Commission,                                                               
confirmed that  there is nothing in  the bill or the  Uniform Act                                                               
that  expands   the  rights  of   any  couple,   heterosexual  or                                                               
homosexual, to transfer property in any way.                                                                                    
                                                                                                                                
CHAIR KELLER  asked, "So it  doesn't expand or change  the rights                                                               
... it's all based on existing  state law ... consistent with our                                                               
clause in the constitution.  Is that right?"                                                                                    
                                                                                                                                
MR. ORZESKE said correct.                                                                                                       
                                                                                                                                
1:52:22 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
1:52:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN made  a motion to report the  proposed CS for                                                               
HB 60,  Version 28-LS0265\Y, Bannister, 4/6/14,  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There  being no objection, CSHB 60(JUD)  was reported out                                                               
of the House Judiciary Standing Committee                                                                                       
1:53:08 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:53 p.m. to 1:56 p.m.                                                                       
                                                                                                                                
        SB  64-OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                    
                                                                                                                                
1:56:55 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
SENATE BILL  NO. 64, "An  Act establishing the  Alaska Sentencing                                                               
Commission; relating to jail-time  credit for offenders in court-                                                               
ordered  treatment programs;  allowing a  reduction of  penalties                                                               
for  offenders  successfully completing  court-ordered  treatment                                                               
programs  for  persons  convicted  of  driving  while  under  the                                                               
influence or refusing  to submit to a chemical  test; relating to                                                               
court  termination  of  a  revocation   of  a  person's  driver's                                                               
license; relating  to limitation  of drivers'  licenses; relating                                                               
to  conditions of  probation  and parole;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
1:56:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  made a  motion to  adopt the  proposed House                                                               
committee  substitute   (HCS)  for  CSSB  64(JUD),   labeled  28-                                                               
LS0116\M, Gardner, 4/6/14, as the  working draft.  There being no                                                               
objection, Version M was before the committee.                                                                                  
                                                                                                                                
1:57:23 PM                                                                                                                    
                                                                                                                                
ERNEST  PRAX,  Staff,  Representative Wes  Keller,  Alaska  State                                                               
Legislature, informed the committee  Version M is the culmination                                                               
of all  of the  amendments to  CSSB 64 that  were adopted  at the                                                               
meeting of 4/4/14.   He said there is an  additional amendment to                                                               
be offered  to address concerns regarding  custodial interference                                                               
and  relating to  the term  of  the commissioners  of the  Alaska                                                               
Criminal Justice Commission.                                                                                                    
                                                                                                                                
1:59:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a motion  to adopt  [Amendment 1]                                                               
labeled 28-LS0116\M.6, Gardner, 4/9/14, which read:                                                                             
                                                                                                                                
     Page 3, line 6:                                                                                                            
          Delete "legal"                                                                                                    
                                                                                                                                
     Page 3, line 8:                                                                                                            
          Delete "legal"                                                                                                    
                                                                                                                                
     Page 19, line 1:                                                                                                           
          Delete "court requires the person"                                                                                    
          Insert "person is required"                                                                                           
                                                                                                                                
     Page 19, line 23:                                                                                                          
          Delete "complies with"                                                                                                
          Insert "is participating in"                                                                                          
                                                                                                                                
     Page 19, line 28, following "jurisdiction":                                                                                
          Insert "or if the person is not in compliance                                                                         
    with   a   court-ordered    treatment   program   under                                                                     
     AS 28.35.028"                                                                                                              
                                                                                                                                
     Page 21, line 25, following "under":                                                                                       
          Insert "(b) or"                                                                                                       
                                                                                                                                
     Page 31, line 24:                                                                                                          
          Delete "January 1, 2018"                                                                                              
          Insert "June 30, 2017"                                                                                                
                                                                                                                                
     Page 33, line 22:                                                                                                          
          Delete "September 30"                                                                                                 
          Insert "June 30"                                                                                                      
                                                                                                                                
CHAIR KELLER objected for the purpose of discussion.                                                                            
                                                                                                                                
1:59:24 PM                                                                                                                    
                                                                                                                                
DOUG GARDNER,  Director, Legislative Legal  Services, Legislative                                                               
Affairs  Agency,  directed attention  to  his  memo dated  4/6/14                                                               
found in the committee packet.   The memo addressed [the language                                                               
of Amendment 12 to CSSB 64  which was adopted by the committee at                                                               
the meeting of  4/4/14 and included in the proposed  HCS for CSSB                                                               
64, Version  M].  He said  the language of the  amendment creates                                                               
three  mental states  converging in  an offense.   Previously,  a                                                               
conceptual amendment  attempted to  clarify the language.   After                                                               
consulting  with  the Department  of  Law  (DOL) and  the  Public                                                               
Defender  Agency (PDA),  he expressed  his belief  that there  is                                                               
consensus that  the manner in  which said offense was  created in                                                               
Version  M, with  proposed  Amendment 1,  "is  probably the  best                                                               
language  that we  could come  up with."   Mr.  Gardner concluded                                                               
this is the best resolution that could be achieved.                                                                             
                                                                                                                                
2:01:53 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,  Director,   Central  Office,  Public  Defender                                                               
Agency,   Department   of   Administration,   characterized   Mr.                                                               
Gardner's  statement  as "a  fair  one,  that removing  the  word                                                               
'legal' was not going to cause any problems."                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG, referring to  Mr. Gardner's memo, said,                                                               
"It   looks  like   he's  trying   to  simplify   this  offense."                                                               
Representative  Gruenberg paraphrased  from the  second paragraph                                                               
of Mr. Gardner's memo which  read [in part] [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     The  three mental  states that  must be  proven by  the                                                                    
     state are:   (1) the offender  has to know that  at the                                                                    
     time  the   representations  are   made  to   a  lawful                                                                    
     custodian they have  no legal right to take  and keep a                                                                    
     child or  incompetent person; (2)  the offender  has to                                                                    
     have the specific intent to  take and keep the child or                                                                    
     incompetent person at the  time of the representations;                                                                    
     and (3)  the offender has  to knowingly represent  to a                                                                    
     lawful custodian  that they have  the right to  take or                                                                    
     keep the child or incompetent person.                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether  Mr. Gardner  intended to                                                               
write "knowingly misrepresent" instead of "knowingly represent."                                                                
                                                                                                                                
MR.  GARDNER  explained  that  in  the  context  of  the  overall                                                               
offense, the  offender knows  he/she has no  legal right,  but is                                                               
representing that he/she does, thus  a change from "represent" to                                                               
"misrepresent" would not be necessary.                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG  observed that  Amendment 1  removes the                                                               
word "legal" from page  3, lines 6 and 8, of the  bill.  He asked                                                               
for the legal impact of those deletions.                                                                                        
                                                                                                                                
2:05:19 PM                                                                                                                    
                                                                                                                                
MR. GARDNER answered that in  the context of the proposed statute                                                               
without  amendment, in  custodial interference  there may  be one                                                               
parent  with  custody   and  one  without;  the   intent  of  the                                                               
additional  offense is  to prevent  the noncustodial  parent from                                                               
interfering with  the legal  custody of the  person who  has been                                                               
awarded legal custody.  In the  context of the added offense, the                                                               
law  is trying  to  prevent a  situation  where the  noncustodial                                                               
person  who is  unrelated to  a child  is representing  that they                                                               
have a right to take a  child.  He opined previous testimony from                                                               
the  public defender  and  a representative  from  DOL reached  a                                                               
conclusion and he elaborated as follows:                                                                                        
                                                                                                                                
     The  idea of  having a  legal  right makes  a lot  more                                                                    
     sense in the context  of custodial interference than it                                                                    
     does when you're talking  about the next-door neighbor,                                                                    
     or somebody else  who might come in to pick  a child up                                                                    
     at school,  for example.   And so, my  understanding is                                                                    
     the Department of Law didn't  want to - in that context                                                                    
     -  try and  unravel  what legal  right  was, they  were                                                                    
     happier to just leave it,  leave "legal" out, and try a                                                                    
     case before the jury and  let the jury evaluate whether                                                                    
     the person had a right to take that child.                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG observed  that makes  it clear  so that                                                               
the  parties do  not get  into  a mini-discussion  in a  criminal                                                               
trial of  the court's custody  decree when it is  unnecessary for                                                               
the gravamen  of the offense; to  simplify the event, but  not to                                                               
disallow the event to be raised.                                                                                                
                                                                                                                                
MR.  GARDNER opined  that is  a fair  characterization; in  fact,                                                               
previous conversations on  this topic touched on the  idea of how                                                               
- in  the course  of a trial  with this offense  - to  figure out                                                               
what "legal right" is.                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed support  for the  deletion of                                                               
the word "legal."                                                                                                               
                                                                                                                                
2:09:06 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:10:36 PM                                                                                                                    
                                                                                                                                
MR. GARDNER directed attention to  Amendment 1, lines [7-9] which                                                               
read:                                                                                                                           
                                                                                                                                
     Page 19, line 1:                                                                                                           
          Delete "court requires the person"                                                                                    
          Insert "person is required"                                                                                           
                                                                                                                                
MR. GARDNER  said this correction  was suggested by  the Division                                                               
of Motor  Vehicles (DMV), Department of  Administration, to avoid                                                               
the problem of "just referring to the court in that section."                                                                   
                                                                                                                                
MR.  GARDNER directed  attention  to Amendment  1, lines  [11-13]                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 19, line 23:                                                                                                          
          Delete "complies with"                                                                                                
          Insert "is participating in"                                                                                          
                                                                                                                                
MR. GARDNER explained the amendment  relates to the 24/7 Program.                                                               
Included  in  this  part  of  the bill  is  a  checklist  of  the                                                               
requirements  that must  be met  in order  for the  court or  the                                                               
department to  be able  to give people  in the  therapeutic court                                                               
program a limited license.  In  this context, there was a concern                                                               
about how  DMV would  verify a person's  performance in  the 24/7                                                               
Program, because  DMV is  not set  up to do  so.   Therefore, the                                                               
idea of the change in language  is that during a person's time in                                                               
the 24/7 Program,  the court or the department  could require the                                                               
person to  participate in, rather  than comply with  the program.                                                               
He concluded  that the change was  made for DMV, as  it "probably                                                               
couldn't always on  a day-to-day basis monitor  a person's actual                                                               
compliance with 24/7."                                                                                                          
                                                                                                                                
2:13:45 PM                                                                                                                    
                                                                                                                                
TIFFANY  THOMAS,  Driver  Licensing Manager,  Director's  Office,                                                               
Division of Motor Vehicles,  Department of Administration, agreed                                                               
that  Mr.  Gardner  had  "touched   on"  the  majority  of  DMV's                                                               
concerns, and added  that DMV would not know if  a person who was                                                               
applying  for a  limited  license has  participated  in the  24/7                                                               
Program.    She noted  that  DMV's  concern  seems to  have  been                                                               
addressed by Mr. Gardner.                                                                                                       
                                                                                                                                
MR.  GARDNER directed  attention  to Amendment  1, lines  [15-17,                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 19, line 28, following "jurisdiction":                                                                                
         Insert "or if the person is not in compliance                                                                          
        with a court-ordered treatment program under AS                                                                         
     28.35.028"                                                                                                                 
                                                                                                                                
MR. GARDNER  advised the language  in this part of  the amendment                                                               
was suggested by the Alaska Court  System due to its concern that                                                               
if  a  person were  in  therapeutic  court,  the court  may  have                                                               
difficulty   revoking  the   person's  limited   license.     The                                                               
therapeutic  court treatment  team,  along with  the judge,  hold                                                               
discretion  on  how people  are  treated  in  the program.    The                                                               
amendment  would maintain  the judge's  and the  treatment team's                                                               
ability  to revoke  a  license if  the  person were  noncompliant                                                               
and/or the public were at risk.                                                                                                 
                                                                                                                                
2:16:25 PM                                                                                                                    
                                                                                                                                
MR. GARDNER  continued to  [Amendment 1.B,  which was  an excerpt                                                               
from original Amendment 1, lines 15-17] which read:                                                                             
                                                                                                                                
     Page 21, line 25, following "under":                                                                                       
          Insert "(b) or"                                                                                                       
                                                                                                                                
MR. GARDNER  advised that this amendment  addresses a significant                                                               
policy  piece in  the bill.   He  reminded the  committee that  a                                                               
misdemeanant or a felon is  eligible for therapeutic court, which                                                               
is typically an 18-month program.   The bill allows a person that                                                               
has   gone   through   the    program,   and   under   structured                                                               
circumstances,  to  acquire a  limited  license.   The  bill  was                                                               
drafted to  amend AS 28.35.030(o)  and provide a  situation where                                                               
for  certain  felons in  the  program,  the department  would  be                                                               
required to  restore the  license.  The  current bill  would only                                                               
allow that situation with respect to a felon.  He remarked:                                                                     
                                                                                                                                
     By inserting [Amendment 1.B]  you're putting the people                                                                    
     who are  felons in the  program on the same  footing as                                                                    
     the people  who are misdemeanants  in the program.   So                                                                    
     you could  have someone  in the  program that  has four                                                                    
     [driving under the influence  (DUI) convictions] and is                                                                    
     a felon, felony  DUI, or you could have  someone in the                                                                    
     program that  has four  DUIs but just  happens to  be a                                                                    
     misdemeanor  DUI  person.   But  they're  both  in  the                                                                    
     program,  they're  both  successfully graduating.    We                                                                    
     wanted  to  avoid  some type  of  an  equal  protection                                                                    
     argument,   where    we're   treating    those   people                                                                    
     differently,  vis-à-vis this  license opportunity,  and                                                                    
     allow  the court  to  terminate  their revocation,  and                                                                    
     allow  DMV, or  require DMV,  to restore  that license.                                                                    
     And  so, by  adding [Amendment  1.B], you're  pulling a                                                                    
     very small  group of misdemeanant  folks in  along with                                                                    
     the felony  folks, that have  essentially all  done the                                                                    
     same bad  things or conduct,  but are now going  to, at                                                                    
     least  the  intention  here, is  to  avoid  that  equal                                                                    
     protection problem and treat them similarly.                                                                               
                                                                                                                                
2:19:57 PM                                                                                                                    
                                                                                                                                
MS.  THOMAS  stated  that  she  is unsure  whether  DMV  has  the                                                               
statutory authority  to amend or terminate  a misdemeanor offense                                                               
as  it   does  with   the  direct   statutory  authority   in  AS                                                               
28.35.030(o)  for felonies.    In addition,  her  review [of  the                                                               
proposed bill]  revealed that AS 28.35.030(b)  was being amended;                                                               
however, subsection (b)  appears to be related to  the periods of                                                               
ignition   interlock  requirement   and   not   the  periods   of                                                               
revocation.                                                                                                                     
                                                                                                                                
MR.  GARDNER  expressed  his  belief   that  the  intent  of  the                                                               
reference is  to the status  of the  offender:  people  under (b)                                                               
are  misdemeanants  and people  under  (n)  of the  statute,  are                                                               
felons.    The  intention  was  to try  to  fix  the  problem  by                                                               
referencing  misdemeanants  and  felons   "and  bring  those  two                                                               
together."  He then returned  attention to [Amendment 1], page 1,                                                               
lines 22-23, to page 2, line 5, which read:                                                                                     
                                                                                                                                
     Page 31, line 24:                                                                                                          
          Delete "January 1, 2018"                                                                                              
          Insert "June 30, 2017"                                                                                                
                                                                                                                                
     Page 33, line 22:                                                                                                          
          Delete "September 30"                                                                                                 
          Insert "June 30"                                                                                                      
                                                                                                                                
MR. GARDNER  said these  changes were drafted  at the  request of                                                               
staff to make a policy call  on the best termination date for the                                                               
proposed  Alaska Criminal  Justice  Commission.   The dates  were                                                               
changed in  order to terminate the  commission at the end  of the                                                               
fiscal year.                                                                                                                    
                                                                                                                                
CHAIR KELLER  returned attention  to [Amendment  1.B].   He asked                                                               
Mr. Gardner to describe "what  the consequences will be" if "(b)"                                                               
is included and DMV has no authority to proceed.                                                                                
                                                                                                                                
MR.  GARDNER responded  that it  is hard  to respond  directly at                                                               
this time.  He  asked whether it is the will  of the committee to                                                               
put misdemeanants in the program  with felons, and treat them the                                                               
same way, or just deal with  felons.  He concluded that "The bill                                                               
is a  whole lot  simpler if  it just deals  with felons  which is                                                               
what it  was doing  prior to  this hearing.   But "b"  would have                                                               
that effect, at least, that's what we think."                                                                                   
                                                                                                                                
CHAIR KELLER asked the sponsor, "If  we pass this amendment as it                                                               
is and  we include the  misdemeanor DUIs  in ... at  least that's                                                               
the intent, of Doug, can we  have some kind of assurance that ...                                                               
if we  were to  move this bill  out, that you  will look  at that                                                               
further in the finance committee?"                                                                                              
                                                                                                                                
2:25:18 PM                                                                                                                    
                                                                                                                                
JORDAN  SHILLING,  Staff,  Senator  John  Coghill,  Alaska  State                                                               
Legislature, speaking on behalf of  Senator Coghill, chair of the                                                               
Senate  Judiciary  Standing  Committee,  sponsor,  assured  Chair                                                               
Keller  that  "we are  certainly  going  to continue  working  on                                                               
this."                                                                                                                          
                                                                                                                                
CHAIR KELLER expressed his interest  in including the misdemeanor                                                               
element in  the bill, and somehow  come to terms between  DMV and                                                               
the court system to make it work.                                                                                               
                                                                                                                                
2:26:17 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal  Division,  Department  of  Law,  stated  that                                                               
difficulties  with the  proposed bill  stem from  the need  for a                                                               
rewriting of  AS title 28.   She  provided a short  background on                                                               
the permanent loss  of a driver's license for  those convicted of                                                               
felony drunk  driving or refusal.   The loss is  permanent except                                                               
for a chance - after ten years  - to request a limited license or                                                               
driving  privileges.    She  said the  Department  of  Law  (DOL)                                                               
believes  one  should  have  an   opportunity  to  reclaim  their                                                               
license; however,  the proposed bill  "goes too far and  does not                                                               
protect the public  from drunk drivers and people  who don't take                                                               
the breathalyzer test."  Ms.  Carpeneti directed attention to the                                                               
bill on  page 18, beginning on  line [15] which allows  the court                                                               
to  return full  driving  privileges after  a  person has  driven                                                               
under a  limited license  for two  years.  She  said this  is not                                                               
long enough  because, under  current law,  a driver  convicted of                                                               
felony DUI  must use  an ignition interlock  device for  at least                                                               
five years  after driving privileges  are regained.   Further, it                                                               
is unclear how  a court will decide whether  the interlock device                                                               
is required beyond two years.   She recommended a minimum of five                                                               
years should  be required to drive  under a limited license.   On                                                               
page  18, beginning  on  line  27, she  said  the  bill allows  a                                                               
limited license  for those who have  successfully participated in                                                               
therapeutic court  for at  least six months.   The  Department of                                                               
Law  recommends  that  a  person  successfully  complete  his/her                                                               
participation, because  some therapeutic court programs,  such as                                                               
the one in Bethel, allow  people to continue participating - even                                                               
with five violations - before they are terminated.                                                                              
                                                                                                                                
CHAIR  KELLER asked  for clarification  on the  change sought  by                                                               
DOL.                                                                                                                            
                                                                                                                                
MS.   CARPENETI  recommended   deletion   of   the  phrase   "has                                                               
successfully  participated for  at least  six months  in, or"  on                                                               
page 18, lines 27-28.                                                                                                           
                                                                                                                                
2:31:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG restated the suggested amendment.                                                                      
                                                                                                                                
MS. CARPENETI also  suggested on page 18, line 16,  that the word                                                               
"two" should be replaced with the  word "five."  She continued to                                                               
page 19 and  restated the conflict between the  proposed bill and                                                               
AS  28.35.030  regarding  the  number  of years  the  use  of  an                                                               
ignition interlock device  is required.  When  there is confusion                                                               
over laws  or legislative intent,  the court will apply  the rule                                                               
of lenity,  and interpret  "confusion over law"  in favor  of the                                                               
defendant, she  cautioned.  Continuing  on page 19,  lines 26-28,                                                               
she noted  that the  word "shall" has  been replaced  with "may,"                                                               
which leaves up to the discretion  of the court or the department                                                               
whether to revoke a limited license  if a person is charged with,                                                               
or convicted of,  a subsequent drunk driving  or refusal offense.                                                               
Instead,  DOL suggests  that if  a person  is charged  with drunk                                                               
driving or refusal the court  may use its discretion; however, if                                                               
the person  is convicted,  the limited  license must  be revoked.                                                               
Ms. Carpeneti then  pointed out a possible oversight  in the bill                                                               
on page 20,  where language allows that for  the first conviction                                                               
for  drunk driving  or refusal,  the  sentence may  be served  by                                                               
electronic  monitoring.    She opined  this  would  diminish  the                                                               
"shock value"  of 72 hours  in prison; in addition,  the language                                                               
does not state  where the electronic monitoring is  to be served.                                                               
In  fact, on  page 21,  the language  provides that  imprisonment                                                               
served   at  a   private   residence   must  include   electronic                                                               
monitoring.   Ms. Carpeneti surmised that  legislative intent was                                                               
not that a person "go along his  or her daily life with no change                                                               
besides  wearing a  monitor."   She stated  that the  majority of                                                               
people who are  convicted the first time do not  reoffend, due to                                                               
the mandatory 72 hours of  jail time.  Ms. Carpeneti acknowledged                                                               
that electronic monitoring is currently  used; however, she urged                                                               
for the bill to specify a location.                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG said he  did not understand the language                                                               
that is wanted by DOL on page 20.                                                                                               
                                                                                                                                
MS.   CARPENETI  suggested   the  deletion   of  "by   electronic                                                               
monitoring"  wherever found  on page  20, lines  27-[29], because                                                               
one is  already allowed to serve  at home.  Calling  attention to                                                               
page 21, line 3, she read:                                                                                                      
                                                                                                                                
        Imprisonment served at a private residence must                                                                         
     include electronic monitoring                                                                                              
                                                                                                                                
MS.  CARPENETI  advised  that electronic  monitoring  is  already                                                               
allowed  and under  current  law  one can  serve  a sentence  for                                                               
first-time drunk driving at home  with an electronic device, thus                                                               
she was unsure whether this change is needed.                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that  Amendment 1  remains before                                                               
the committee, but the discussion had digressed.                                                                                
                                                                                                                                
CHAIR KELLER asked Ms. Carpeneti to speak to Amendment 1.                                                                       
                                                                                                                                
2:40:36 PM                                                                                                                    
                                                                                                                                
MS.  CARPENETI returned  attention to  Amendment 1  and expressed                                                               
her  concern regarding  the  provision on  page  1, lines  19-20,                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 21, line 25, following "under":                                                                                       
          Insert "(b) or"                                                                                                       
                                                                                                                                
MS. CARPENETI  stated that the  aforementioned addition  adds all                                                               
misdemeanor  drunk driving  offenses  into  this provision  under                                                               
which the  department is required  to restore a  driver's license                                                               
under certain  circumstances; speaking  from her  history working                                                               
on limited licenses, she restated  the difficulty of dealing with                                                               
this   "rather  large   change  in   [AS]  title   28"  regarding                                                               
misdemeanor  provisions,   and  the  confusion   and  uncertainty                                                               
thereof.                                                                                                                        
                                                                                                                                
2:41:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG made a motion  to divide the question by                                                               
removing lines  19-20 from Amendment  1 and renaming  Amendment 1                                                               
Amendment 1.A.                                                                                                                  
                                                                                                                                
2:42:35 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER restated  the motion to adopt  Amendment 1, amended,                                                               
which  is  now identified  as  Amendment  1.A.   There  being  no                                                               
objection, Amendment 1.A was adopted.                                                                                           
                                                                                                                                
2:43:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  made a motion  to adopt Amendment  1.B which                                                               
read:                                                                                                                           
                                                                                                                                
      Page 21, line 25, following "under":                                                                                      
          Insert "(b) or"                                                                                                       
                                                                                                                                
CHAIR KELLER objected for the purpose of discussion.                                                                            
                                                                                                                                
MS. CARPENETI returned  attention to the proposed bill.   On page                                                               
22, line 4,  the bill allows mandatory restoration  of a driver's                                                               
license by the Division of Motor  Vehicles, and she said the time                                                               
period should  be five years  of driving with a  limited license,                                                               
not  two,  to restore  full  driving  privileges.   On  page  28,                                                               
line[s] 24[-25] read:                                                                                                           
                                                                                                                                
      (D) the need to confine violent offenders to prevent                                                                      
     harm to the public;                                                                                                        
                                                                                                                                
MS.   CARPENETI  said   the   aforementioned  [subparagraph]   is                                                               
regarding the  methodology used by  the proposed  Alaska Criminal                                                               
Justice  Commission, and  the word  "violent" has  been inserted.                                                               
Although  the  other  [subparagraphs] follow  the  constitutional                                                               
sentencing provisions in the state  constitution, the addition of                                                               
"violent" is confusing  and limiting.  She stated  that there are                                                               
many reasons why people who  commit nonviolent felonies or crimes                                                               
ought to be incarcerated, for example, drug dealers.                                                                            
                                                                                                                                
2:47:32 PM                                                                                                                    
                                                                                                                                
MR. SHILLING  observed that some  of the items the  Department of                                                               
Law  is concerned  about are  "policy calls."   For  example, Mr.                                                               
Shilling returned attention to page  18, line 16 [text previously                                                               
provided],  and  said  the  committee must  decide  how  long  an                                                               
individual  must drive  successfully under  a limited  license to                                                               
become eligible for  an unlimited license.   He acknowledged that                                                               
a previous  version of the  bill set the  period of time  at five                                                               
years; however,  Senator Coghill  recommended that two  years was                                                               
sufficient  time to  establish a  "track record."   However,  Mr.                                                               
Shilling advised that  Senator Coghill would not be  opposed to a                                                               
longer  time period.    Continuing  on page  18  to  line 27,  he                                                               
stressed  that Version  G of  the  bill said  persons seeking  to                                                               
regain the privilege to drive  were required to be "participating                                                               
in the program."   He concluded that the original  version of the                                                               
bill  set the  time of  participation in  a therapeutic  court at                                                               
zero, and DOL recommended eighteen  months, therefore, six months                                                               
is a compromise.  Mr. Shilling remarked:                                                                                        
                                                                                                                                
     Again,  just   like  the  last  duration   of  time  we                                                                    
     discussed, it's a policy call  of the committee.  If we                                                                    
     are  to  say that  the  person  must have  successfully                                                                    
     completed  the  program  before they  get  the  limited                                                                    
     license, that's just an extra  18 months, you know, the                                                                    
     sooner we get  them on the limited  license, the sooner                                                                    
     that  they   have  all  of  the   other  accountability                                                                    
     measures  in place:  the ignition  interlock; the  24/7                                                                    
     Sobriety.                                                                                                                  
                                                                                                                                
CHAIR KELLER surmised a court-ordered  treatment plan would be 18                                                               
months long.                                                                                                                    
                                                                                                                                
MR. SHILLING said  correct.  He turned to DOL's  concern with the                                                               
language on page 19, lines 26-28 which read:                                                                                    
                                                                                                                                
     (h)    The  court  or the  department  may  immediately                                                                    
     revoke  a limited  license granted  under  (g) of  this                                                                    
     section if  the person is  convicted of a  violation of                                                                    
     AS  28.35.030   or  28.35.032  or  a   similar  law  or                                                                    
     ordinance of this or another jurisdiction.                                                                                 
                                                                                                                                
MR. SHILLING noted  that DOL seeks to replace  "may" with "shall;                                                               
however, he  pointed out that  the amendment  under consideration                                                               
has a provision to allow the  court to revoke the limited license                                                               
if an individual  does not cooperate in therapeutic  courts.  Mr.                                                               
Shilling  opined   Senator  Coghill  would  not   object  to  the                                                               
abovementioned change.                                                                                                          
                                                                                                                                
MR.  GARDNER suggested  that  the  above referenced  [subsection]                                                               
could be  removed because  if one  is convicted of  a new  DUI or                                                               
refusal, and is not in  compliance in the court-ordered treatment                                                               
program, the limited license will  be revoked.  He cautioned that                                                               
his suggestion  should be further evaluated  before the committee                                                               
makes a decision.                                                                                                               
                                                                                                                                
2:54:26 PM                                                                                                                    
                                                                                                                                
MS. THOMAS  advised that  if a person  holding a  limited license                                                               
issued  by DMV  received  a subsequent  DUI  arrest, "in  theory"                                                               
he/she would lose  their license and would be  issued a temporary                                                               
license.   She expressed her  belief that [subsection  (h)] could                                                               
be deleted because - as stated  by Mr. Gardner - the driver would                                                               
lose his/her  license anyway pending his/her  conviction in court                                                               
or administrative action.                                                                                                       
                                                                                                                                
MR. SHILLING redirected attention to  proposed section 32 on page                                                               
20,  which allows  a  first-time DUI  offender  to serve  his/her                                                               
sentence on electronic  monitoring.  The sponsor's  intent was to                                                               
have  the bill  "mirror" an  ordinance approved  in the  last few                                                               
years  by the  Anchorage Municipal  Assembly which  allows first-                                                               
time DUI offenders to serve  their sentence at their residence on                                                               
electronic  monitoring.    Although  Ms.  Carpeneti  opined  this                                                               
section is not  needed at all because the  department already has                                                               
some discretion on allowing electronic  monitoring, he said, "But                                                               
it's  that  they  'may'  allow  you to  serve  it  on  electronic                                                               
monitoring, [and]  what we're trying to  do is make it  a 'shall'                                                               
and that's a fairly big difference."                                                                                            
                                                                                                                                
CHAIR  KELLER said  after  the committee  acts  on Amendment  1.B                                                               
[text found  above] there will  be an opportunity to  offer other                                                               
amendments to the bill.                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  observed that putting Amendment  1.B in                                                               
the  bill brings  in  a "whole  misdemeanor  concept", which  DOL                                                               
would like more time to  consider.  He suggested taking testimony                                                               
from the public defender on this matter.                                                                                        
                                                                                                                                
MR.  STEINER said  he  did  not immediately  see  a problem  with                                                               
inserting the misdemeanor component.   He agreed with Mr. Gardner                                                               
that it  would "push off"  an equal protection  challenge because                                                               
the legislation  would grant limited  license privilege  to those                                                               
with felony  convictions, but those with  misdemeanor convictions                                                               
would not  be eligible; however,  he withheld his  final comments                                                               
pending a detailed review of this matter.                                                                                       
                                                                                                                                
CHAIR KELLER stated his intention  to remove his objection to the                                                               
amendment because the  topic has been thoroughly  reviewed by the                                                               
House  and  Senate  judiciary  committees.    He  said  there  is                                                               
confusion between the different  jurisdictions over [AS] title 28                                                               
and  pointed out  the bill  includes an  amendment calling  for a                                                               
review of [AS]  title 28 by the proposed  Alaska Criminal Justice                                                               
Commission.     Chair  Keller  expressed  his   support  for  the                                                               
inclusion  of   the  "misdemeanor   element,"  and   removed  his                                                               
objection to  the amendment.   There being no  further objection,                                                               
Amendment 1.B was adopted.                                                                                                      
                                                                                                                                
3:02:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   made  a   motion  to   adopt  Conceptual                                                               
Amendment  2  to  page  28,  line  24,  which  deletes  the  word                                                               
"violent."   There being no  objection, [Conceptual]  Amendment 2                                                               
was adopted.                                                                                                                    
                                                                                                                                
3:04:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT returned  attention to  the timeframe  for                                                               
[qualifying  for]  the  limited  license.   He  said,  "Insurance                                                               
requires three years before they  wipe something off."  Two years                                                               
may   not  be   enough,  but   five  years   may  be   too  much.                                                               
Representative Pruitt  then made a  motion to adopt  a conceptual                                                               
amendment to  page 18,  line 16,  and to page  22, line  4, which                                                               
changes "from two years to three years."                                                                                        
                                                                                                                                
3:06:13 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:06 p.m. to 3:07 p.m.                                                                       
                                                                                                                                
3:07:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT restated  his motion  to adopt  Conceptual                                                               
Amendment 3 to page 18, line  16, which changes "two" to "three,"                                                               
and to page 22, line 4, also changing "two" to "three."                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether the sponsor  supports the                                                               
change to three years.                                                                                                          
                                                                                                                                
MR. SHILLING said yes.                                                                                                          
                                                                                                                                
3:08:14 PM                                                                                                                    
                                                                                                                                
There being no objection, Conceptual Amendment 3 was adopted.                                                                   
                                                                                                                                
3:08:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  made a motion  to report the  proposed House                                                               
committee substitute  for CSSB 64, Version  28-LS0116\M, Gardner,                                                               
4/6/14,   as   amended,   out  of   committee   with   individual                                                               
recommendations and the updated [attached] fiscal notes.                                                                        
                                                                                                                                
CHAIR KELLER objected for the purpose of discussion.                                                                            
                                                                                                                                
MR.  SHILLING expressed  his and  the sponsor's  appreciation for                                                               
the work completed by the committee.                                                                                            
                                                                                                                                
3:10:04 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER removed  his  objection.   There  being no  further                                                               
objection,  HCS  CSSB  64(JUD)  was reported  out  of  the  House                                                               
Judiciary Standing Committee.                                                                                                   
3:10:21 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:10 p.m. to 3:12 p.m.                                                                       
                                                                                                                                
                  SB 116-SERVICE OF CITATIONS                                                                               
                                                                                                                                
3:12:17 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
SENATE BILL  NO. 116, "An  Act relating to service  of citations;                                                               
amending  Rule 3(f),  Alaska Rules  of  Minor Offense  Procedure;                                                               
repealing  Rule 3(g),  Alaska Rules  of Minor  Offense Procedure;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
3:12:27 PM                                                                                                                    
                                                                                                                                
SENATOR DENNIS  EGAN, Alaska State  Legislature, speaking  as the                                                               
sponsor, informed the committee SB  116 is a housekeeping measure                                                               
that fixes  an unintended problem  with Alaska law that  made law                                                               
enforcement less  effective and less  fair when related  to minor                                                               
offenses.   For  decades, parking  tickets have  been left  under                                                               
automobile  windshield  wipers;  however,  in  2010,  legislation                                                               
inadvertently  ended   this  practice   by  requiring   that  all                                                               
citations are  to be personally  served.   This is a  problem for                                                               
Alaska  cities that  need  to enforce  parking  and other  rules.                                                               
Additionally,  taxpayers  should  not  have to  pay  for  parking                                                               
enforcement  officers and  animal control  officers to  stake out                                                               
cars  and front  yards when  the law  is broken  in a  minor way.                                                               
Since  the law  was implemented  by  the Alaska  Court System  in                                                               
2013, some Alaska  cities have used methods  - called workarounds                                                               
- that deny those who wish to  fight a ticket their day in court,                                                               
and  which are  more expensive  to administer.   Senate  Bill 116                                                               
allows law enforcement to leave a  ticket on the real or personal                                                               
property that  is the  subject of an  infraction or  a violation,                                                               
and also allows service by  the same methods as civil processing,                                                               
including by  certified mail or  by a  process server.   The bill                                                               
still  requires  personal  service   by  an  officer  for  moving                                                               
violations,  minor  consuming,  or  other  more  serious  crimes.                                                               
Senator Egan said  SB 116 provides more  efficient government for                                                               
Alaskans  and  gives  access  to  the courts  when  needed.    In                                                               
response  to   Representative  LeDoux,   he  restated   that  the                                                               
aforementioned legislation was implemented in 2013.                                                                             
                                                                                                                                
3:15:33 PM                                                                                                                    
                                                                                                                                
JESSE   KIEHL,  Staff,   Senator   Dennis   Egan,  Alaska   State                                                               
Legislature,  in  response  to Representative  Pruitt,  explained                                                               
that [by  measures] adopted in  March, and effective in  April of                                                               
2013, the Alaska  Court System changed its court  rules to comply                                                               
with  the   legislation  that   was  enacted   in  2010.     Many                                                               
municipalities, in  order to enforce  their parking laws,  used a                                                               
"workaround,"  which made  parking  violations civil  violations,                                                               
and as such  they were not processed through the  court system or                                                               
subject  to  court  rules  for service.    However,  this  method                                                               
prevented  someone who  feels they  were  ticketed unjustly  from                                                               
appealing to  a judge or  magistrate.  Civil violations  are also                                                               
more expensive for municipalities  to enforce, especially against                                                               
a  scofflaw.   As an  aside,  he noted  that municipalities  that                                                               
choose to have  parking violations held as  civil violations will                                                               
retain the option to do so.                                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  whether  getting  a parking  ticket                                                               
creates a criminal record.                                                                                                      
                                                                                                                                
MR.  KIEHL expressed  his belief  that parking  ticket violations                                                               
are  handled  through the  court  system's  minor offense  rules.                                                               
Although citations can be written  for any misdemeanor infraction                                                               
or violation, they would not appear on CourtView.                                                                               
                                                                                                                                
3:18:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  clarified that  CSSB 116(STA),  Version 28-LS0826\O                                                               
was before the committee.                                                                                                       
                                                                                                                                
[Although not formally stated, public testimony was opened.]                                                                    
                                                                                                                                
3:18:39 PM                                                                                                                    
                                                                                                                                
SCOTT BLOOM, City Attorney, City  of Kenai, expressed his support                                                               
for the bill.  The issues  addressed by the bill are important to                                                               
the  City of  Kenai  for three  main reasons.    Firstly, in  the                                                               
summer  Kenai may  have up  to 15,000  visitors in  one day;  the                                                               
local streets and residential areas  are very crowded, and if the                                                               
city  cannot  issue  parking citations  there  are  many  blatant                                                               
violations.  Secondly, the personal  service of parking citations                                                               
is a strain on the city's  resources, and he provided an example.                                                               
As  a smaller  municipality, unlike  Anchorage or  Fairbanks, the                                                               
City   of   Kenai  is   unable   to   establish  an   alternative                                                               
administrative  parking authority.    Thirdly, he  opined SB  116                                                               
would  reduce the  administrative cost  to  the city  and to  the                                                               
public related  to parking citations,  and would also  reduce the                                                               
amount of the  city's resources that are now  diverted to booting                                                               
and towing vehicles.                                                                                                            
                                                                                                                                
REPRESENTATIVE  PRUITT surmised  that at  this time  the City  of                                                               
Kenai must utilize a police  officer to personally hand citations                                                               
to  those  who  have  violated parking  regulations.    He  asked                                                               
whether the  proposed legislation would  allow the city  to place                                                               
citations  under  the windshield  wiper,  as  a separate  parking                                                               
authority is allowed to do.                                                                                                     
                                                                                                                                
MR. BLOOM said correct.                                                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX asked whether in  cities that do not have a                                                               
parking authority, parking citations are criminal offenses.                                                                     
                                                                                                                                
MR. KIEHL  responded that there  are a  variety of systems.   For                                                               
example, in  the City  of Kenai,  parking citations  are criminal                                                               
and  must  be  personally  served  by  the  officer  writing  the                                                               
citation  to the  person charged.   In  the City  and Borough  of                                                               
Juneau  (CBJ),  there  is  no   parking  authority,  but  parking                                                               
violations  are a  civil offense  and  thus CBJ  must provide  an                                                               
alternative process to hear a grievance.                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX further inquired as  to why the cities that                                                               
have problems with the system do  not adopt civil penalties as do                                                               
Anchorage and Juneau.                                                                                                           
                                                                                                                                
3:24:42 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the Administrative Director, Alaska  Court System, clarified that                                                               
citations filed  with the court  system are not criminal  but are                                                               
in the separate  category of minor offenses.  A  minor offense is                                                               
usually handled  by a magistrate  and the consequence is  a fine.                                                               
She  further advised  that  the court  can  handle citations  for                                                               
cities  if that  is  desired;  for example,  in  Kenai the  court                                                               
addresses parking  tickets, speeding  tickets, and fish  and game                                                               
citations,  and  handles  trials  if requested.      However,  in                                                               
Anchorage, a  person pays  his/her parking  ticket at  city hall.                                                               
The problem with  personal service is compounded by  those who do                                                               
not  respond,  and  are  then referred  to  the  Collections  and                                                               
Support Section  of the Department of  Law, or back to  the city,                                                               
for executing  an attachment to his/her  Permanent Fund Dividend.                                                               
Ms. Meade opined the purpose of  the bill is to no longer require                                                               
the personal  service of a parking  ticket.  She said  the Alaska                                                               
Court System is neutral on the bill.                                                                                            
                                                                                                                                
3:27:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT observed  that  the  parking authority  in                                                               
Anchorage only  issues tickets in the  downtown area.    He asked                                                               
whether a police officer would  issue the same civil violation in                                                               
a residential area, by leaving it under the windshield wiper.                                                                   
                                                                                                                                
MS.  MEADE said  correct.   In Anchorage,  all parking  citations                                                               
issued by  the police department  are handled through  city hall,                                                               
unless there  is a  default which  means after  30 days  the city                                                               
issues a warning notice, and then  the citation is turned over to                                                               
the court to enter default automatically.                                                                                       
                                                                                                                                
REPRESENTATIVE  PRUITT  expressed  his understanding  that  minor                                                               
offenses, such  as a downtown  Anchorage parking ticket,  are not                                                               
listed on CourtView.                                                                                                            
                                                                                                                                
MS.  MEADE affirmed  that parking  tickets are  not on  CourtView                                                               
until and unless  they are turned over to the  court for default.                                                               
Other  citations that  go directly  to the  court -  for example,                                                               
speeding tickets - are posted  on CourtView.  In further response                                                               
to  Representative  Pruitt,  she  said  there  is  a  distinction                                                               
between parking offenses  and every other minor  offense, such as                                                               
fish  and game  citations, moving  violations, and  those with  a                                                               
fine of up to $500.                                                                                                             
                                                                                                                                
REPRESENTATIVE PRUITT gleaned that  an Anchorage parking citation                                                               
is handled  by the authority until  it is necessary to  go to the                                                               
courts, and then  the citation is posted on  CourtView; in Kenai,                                                               
the ticket is personally delivered and posted on CourtView.                                                                     
                                                                                                                                
3:30:24 PM                                                                                                                    
                                                                                                                                
MS. MEADE stated  that any matter handled by the  court is posted                                                               
on  CourtView, unless  it is  confidential,  thus if  a city  has                                                               
chosen  for  the court  system  to  handle parking  tickets,  the                                                               
information  is posted  on CourtView  unless it  is confidential.                                                               
Ms. Meade,  in response to Representative  LeDoux, explained that                                                               
parking tickets  are a  subcategory of  minor offenses  and minor                                                               
offenses do not have  the right to a trial by  jury, the right to                                                               
preempt a judge, or the right to an attorney.                                                                                   
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
3:31:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN made a motion  to report CSSB 116(STA) out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  116(STA)  was                                                               
reported out of the House Judiciary Standing Committee.                                                                         
                                                                                                                                
3:32:30 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:32 p.m.                                                                 

Document Name Date/Time Subjects
SB116-Sponsor Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
CSSB 116 (STA) ver. O.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Explanation of Changes Version O.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB 116 ver. N.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Civil Rule 4.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Minor Offense Rule 3.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support APOA.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support Chiefs of Police.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support FairbanksNSB.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support Mat-SuBorough.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB170 Sponsor Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Sectional Analysis.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 ver. U.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_Polaris Project Report.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_NCSL Report.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_Ad Hoc NGO Rpt Recommended Actions.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_Las Vegas Man Sentenced.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_HuffPost Trafficking in AK.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_AK Dispatch.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 FBI Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SJR 22 Sponsor Statement NSA.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 ver. U.a.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 ver. U.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Audit article.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Florida.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Perfect Storm.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Rand Paul lawsuit.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Support Document~RAND Facts About the Metadata Menace.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Support Document~States Banning Snooping.PDF HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 ABA Journal.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Americans find swift stonewall on whether NSA vacuumed their data.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Facts About the Metadata.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Judge Rules Unconstitutional.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 NYtimes Data Disclosure Rules.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Snowden.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
CSHB 282 (JUD) ver. Y.pdf HJUD 4/9/2014 1:00:00 PM
HB 282
CSHB 282~Changes between L&C and JUD Versions.pdf HJUD 4/9/2014 1:00:00 PM
HB 282
HCSCSSB 64 (JUD) ver. M.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 64~OVR Letter in Opposiiton to SB 108 Language in SB 64.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 108
HB 60 Support Letter~AK Bankers Association.pdf HJUD 4/9/2014 1:00:00 PM
HB 60
SB 64 Support Letter~Mary Geddes.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 64~DOC Response to April 4 Judiciary Questions.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
6.4 Support Letters of SB108.PDF HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - Carmen Gutierrez.pdf HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - Dr. Donna Klecka.pdf HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - James Noble.pdf HJUD 4/9/2014 1:00:00 PM
SB 108