Legislature(2011 - 2012)BELTZ 105 (TSBldg)

04/11/2011 01:30 PM JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 89 LEGISLATIVE ETHICS ACT TELECONFERENCED
Scheduled But Not Heard
+ HB 127 OMNIBUS CRIME BILL TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 86 PROTECTION OF VULNERABLE ADULTS/MINORS
Heard & Held
         SB  86-PROTECTION OF VULNERABLE ADULTS/MINORS                                                                      
                                                                                                                                
1:34:46 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of SB 86  and asked for                                                               
a motion to adopt the new work draft committee substitute (CS).                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  moved to  adopt CS for  SB 86,  version 27-                                                               
GS1722\X, as the working document.                                                                                              
                                                                                                                                
1:35:03 PM                                                                                                                    
CHAIR  FRENCH objected  for  the purpose  of  an explanation.  He                                                               
directed  attention  to  a  memorandum  from  his  office,  which                                                               
outlined the  basic changes  between the  previous version  B and                                                               
the current version  X, and noted that each  change was carefully                                                               
examined  at  the  last  hearing. First,  the  CS  clarifies  the                                                               
references to the three types  of protective orders: 1) ex parte,                                                               
2) six-month,  and 3)  permanent. Some of  the language  in [Sec.                                                               
13.26.209] was redrafted to correspond  to similar provisions for                                                               
modifications  in   the  domestic  violence   [protective  order]                                                               
statutes.  The  second  change removed  the  seemingly  redundant                                                               
phrase,  "at  the  earliest   opportunity,"  from  the  reporting                                                               
requirements [in AS 47.24.010(e)], because there is a clear 24-                                                                 
hour  deadline  for [police  officers  or  village public  safety                                                               
officers  to notify  the department]  when  a report  of harm  is                                                               
received.  It's  a  potentially  chargeable  offense  for  police                                                               
officers who fail to do this.  Finally, the CS clarifies that the                                                               
September effective  date applies only  to Sections 16 and  20 of                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR  FRENCH removed  his objection  and announced  that without                                                               
further objection, version  X was before the  committee. He noted                                                               
that  Elizabeth Russo  and  Scott Sterling,  with  the Office  of                                                               
Public  Advocacy, and  Brenda  Mahlatini,  with Adult  Protective                                                               
Services,  were  available  to  provide  information  and  answer                                                               
questions.                                                                                                                      
                                                                                                                                
1:36:42 PM                                                                                                                    
ELIZABETH RUSSO,  Supervising Attorney, Public  Guardian Section,                                                               
Office  of Public  Advocacy (OPA),  Department of  Administration                                                               
(DOA), stated that  SB 86 would be a great  help to their clients                                                               
and people who would become their clients.                                                                                      
                                                                                                                                
1:37:43 PM                                                                                                                    
SCOTT   STERLING,   Supervising   Attorney,   Elder   Fraud   and                                                               
Assistance,  Department of  Administration (DOA),  stated support                                                               
for the changes reflected in version X, CS for SB 86.                                                                           
                                                                                                                                
CHAIR FRENCH  closed public testimony and  announced that further                                                               
testimony  would be  by  invitation. He  asked  Ms. Henriksen  to                                                               
discuss the remaining housekeeping issue.                                                                                       
                                                                                                                                
1:38:24 PM                                                                                                                    
KELLY  HENRIKSEN,  Assistant  Attorney General,  Civil  Division,                                                               
Department  of   Law  (DOL)  informed  the   committee  that  she                                                               
represents   Health  and   Social   Services  (DHSS).   Directing                                                               
attention to  the span  site on  page 6,  line 11,  she suggested                                                               
that it  would avoid conflict  to narrow the citation  to include                                                               
just  the  new protective  order  rules,  Sec. 13.26.207  -  209.                                                               
Including  the  existing  AS   13.26.165  would  cause  confusion                                                               
because  it relates  to protective  orders for  conservatorships,                                                               
she said.                                                                                                                       
                                                                                                                                
CHAIR  FRENCH recapped  the suggestion  and noted  that the  span                                                               
site appears  in a  number of other  locations after  the initial                                                               
reference on page 6, line 11.                                                                                                   
                                                                                                                                
1:40:27 PM                                                                                                                    
CHAIR FRENCH offered Conceptual Amendment 1.                                                                                    
                                                                                                                                
     Replace   the   span   site   citation   AS 13.26.165 -                                                                    
     13.26.209 with AS 13.26.207 - 13.26.209 in conformity                                                                      
      with the discussion about referring to ex parte, six-                                                                     
     month and permanent protective orders.                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  objected. He  noted that  page 6,  line 16,                                                               
refers to AS 13.26.185, which is  outside the span site. That may                                                               
or may not be an issue.                                                                                                         
                                                                                                                                
MS. HENRIKSEN  said that particular provision  deals with notice,                                                               
and she isn't suggesting a change to that citation.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI noted additional  references to AS 13.26.165                                                               
on page 7, including a reference in the definitions section.                                                                    
                                                                                                                                
CHAIR FRENCH  asked Ms. Henriksen  if she intended to  change the                                                               
reference on page 7, line 16.                                                                                                   
                                                                                                                                
MS. HENRIKSEN  answered yes, and  added that she would  suggest a                                                               
change anywhere it occurs in AS 13.26.209.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  pointed out that  the same issue  occurs on                                                               
page 8, line 16, and page 8, line 23.                                                                                           
                                                                                                                                
CHAIR FRENCH  asked Ms.  Henriksen if she  was seeking  to change                                                               
those references.                                                                                                               
                                                                                                                                
MS. HENRIKSEN answered yes.                                                                                                     
                                                                                                                                
1:42:49 PM                                                                                                                    
SENATOR PASKVAN  referenced page  8, line 16  that talks  about a                                                               
central  registry, and  asked  if she  wanted  the Department  of                                                               
Public Safety (DPS) to maintain  a central registry of protective                                                               
orders for any statutes between AS 13.26.165 and 207.                                                                           
                                                                                                                                
MS. HENRIKSEN answered no.                                                                                                      
                                                                                                                                
SENATOR FRENCH cited eight references  to AS 13.26.165 on page 6,                                                               
lines 1 and 31;  page 7, lines 3, 4, 8, 16; page  8, lines 16 and                                                               
23 and noted that there were potentially others.                                                                                
                                                                                                                                
1:43:46 PM                                                                                                                    
SENATOR WIELECHOWSKI pointed out  an additional reference on page                                                               
2, lines 18 and 23.                                                                                                             
                                                                                                                                
CHAIR FRENCH  observed that  there were  at least  10 references,                                                               
and potentially more, for the drafter to change.                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI asked  if these deletions would  be a simple                                                               
drafting issue or a substantive change.                                                                                         
                                                                                                                                
MS.  HENRIKSEN  replied  the change  is  substantive  in  effect,                                                               
because  it removes  substantive provisions  from applying  to AS                                                               
13.26.165.                                                                                                                      
                                                                                                                                
SENATOR  COGHILL   noted  that  the  definition   of  "protective                                                               
services"  includes   a  reference  to  AS   13.26.165  under  AS                                                               
47.24.900(11)(E) on  page 19.  He asked if  the intention  was to                                                               
remove 165  from the  petition for  protective orders  under that                                                               
definition.                                                                                                                     
                                                                                                                                
MS. HENRIKSEN  said no; Sec.  47.24 deals with the  protection of                                                               
vulnerable  adults,  and is  different  than  a protective  order                                                               
under the conservatorship statutes.                                                                                             
                                                                                                                                
SENATOR  COGHILL  pointed  out  that  it  can't  be  a  bill-wide                                                               
amendment,  because Title  18  and Title  47  are different  than                                                               
Title 11 in that regard.                                                                                                        
                                                                                                                                
SENATOR PASKVAN asked  for confirmation that the  reference to AS                                                               
13.26.165, on page 19, line 18, should be retained.                                                                             
                                                                                                                                
MS. HENRIKSEN  replied it's appropriate  to include  AS 13.26.165                                                               
in the span site in that location.                                                                                              
                                                                                                                                
1:46:17 PM                                                                                                                    
SENATOR WIELECHOWSKI  suggested the  committee get a  clean draft                                                               
before moving the bill.                                                                                                         
                                                                                                                                
CHAIR FRENCH said he'd hold that  thought until the motion on the                                                               
conceptual amendment to fix the span sites was complete.                                                                        
                                                                                                                                
SENATOR  COGHILL asked  if separate  motions  would be  necessary                                                               
since the span sites appear in more than Title 13.                                                                              
                                                                                                                                
1:47:55 PM                                                                                                                    
SENATOR   WIELECHOWSKI  reiterated   that   he   would  be   more                                                               
comfortable if the drafter were to prepare a new CS.                                                                            
                                                                                                                                
CHAIR FRENCH  agreed it was  appropriate to  get a clean  CS that                                                               
incorporates the changes that the committee made.                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI commented  that, at  this point,  he wasn't                                                               
sure what the amendment includes.                                                                                               
                                                                                                                                
1:48:29 PM                                                                                                                    
CHAIR FRENCH asked  Ms. Henriksen to state the basic  idea of the                                                               
amendment.                                                                                                                      
                                                                                                                                
MS.  HENRIKSEN  said the  basic  idea  is  to consider  a  change                                                               
anyplace a span  site includes AS 13.26.165  because that section                                                               
of    statute   deals    just   with    protective   orders    in                                                               
conservatorships. Those are a different  type than the new 20-day                                                               
and six-month protective  orders that the bill  seeks to address.                                                               
She offered to walk through the bill.                                                                                           
                                                                                                                                
CHAIR FRENCH said he understood, but  he wanted to make sure that                                                               
the committee members do too.                                                                                                   
                                                                                                                                
1:50:01 PM                                                                                                                    
SENATOR  COGHILL  said it  would  be  helpful to  understand  the                                                               
context for 209 under Title 13 as opposed to Title 18.                                                                          
                                                                                                                                
SENATOR COGHILL moved  an amendment to Conceptual  Amendment 1 to                                                               
take up amendments for just Sec. 13.26.209 on pages 6 and 7.                                                                    
                                                                                                                                
CHAIR FRENCH  said he'd  accept that as  a friendly  amendment to                                                               
Conceptual Amendment  1. Finding no objection,  he announced that                                                               
the committee  would consider just  the span site  changes within                                                               
Sec. 13.26.209 located on pages 6  and 7. He noted that there was                                                               
still  a  motion  to  change   the  initial  citation  from  Sec.                                                               
13.26.165 to 207.                                                                                                               
                                                                                                                                
SENATOR  COGHILL  said  his  understanding was  that  this  is  a                                                               
compliance  form  dealing  with  protective orders  that  do  not                                                               
relate primarily to conservatorships.                                                                                           
                                                                                                                                
MS. HENRIKSEN said that's correct.                                                                                              
                                                                                                                                
SENATOR COGHILL said he had no objection.                                                                                       
                                                                                                                                
CHAIR FRENCH asked  if there was further discussion  or debate on                                                               
the proposed amendment.                                                                                                         
                                                                                                                                
MS. HENRIKSEN  added that  any changes to  Title 18  that include                                                               
that span site would need to  be amended because those only apply                                                               
to the 20-day or six-month protective orders.                                                                                   
                                                                                                                                
1:52:21 PM                                                                                                                    
CHAIR  FRENCH  acknowledged  the suggestion  and  announced  that                                                               
without further  objection, Conceptual Amendment 1,  [as amended]                                                               
was adopted.                                                                                                                    
                                                                                                                                
CHAIR FRENCH directed attention to Sections  13 and 14 on page 8,                                                               
that amend  Title 18.  He asked  Ms. Henriksen  if the  same span                                                               
site reference, [AS 13.25.165] was  inappropriate with respect to                                                               
the types of  protective orders that should  be maintained within                                                               
the central registry.                                                                                                           
                                                                                                                                
MS. HENRIKSEN answered yes.                                                                                                     
                                                                                                                                
SENATOR  COGHILL  asked   what  the  title  heading   is  for  AS                                                               
18.65.540(a) and (b).                                                                                                           
                                                                                                                                
1:53:36 PM                                                                                                                    
CHAIR  FRENCH  reviewed  the  statutes  and  reported  that  Sec.                                                               
18.65.540 is  entitled "Central  registry of  protective orders."                                                               
He asked Ms. Henriksen why  the protective orders in AS 13.26.165                                                               
shouldn't be included in the central registry.                                                                                  
                                                                                                                                
MS. HENRIKSEN  replied that is existing  law on conservatorships,                                                               
and  it's not  clear  how  "protective order"  is  defined in  AS                                                               
13.26.165  in terms  of  context,  but it  talks  about having  a                                                               
conservator appointed or a single order  from the court to have a                                                               
trustee changed. It's substantively  different than what would be                                                               
in either the 20-day or six-month protective orders.                                                                            
                                                                                                                                
CHAIR FRENCH  stated that when  he read AS 13.26.165  he wondered                                                               
why  the idea  of a  protective order  shouldn't be  removed from                                                               
that section altogether. It doesn't  seem to be the right concept                                                               
for what's  happening as opposed  to what  the bill does  in Sec.                                                               
207 - 209.                                                                                                                      
                                                                                                                                
SENATOR COGHILL said that was his thought as well.                                                                              
                                                                                                                                
CHAIR FRENCH  asked if, in  part, it's because violation  of some                                                               
protective orders don't rise to the level of a crime.                                                                           
                                                                                                                                
MS. HENRIKSEN said she believes  so, but it's doesn't necessarily                                                               
involve a  third party  committing fraud  against someone  who is                                                               
the  subject of  a petition.  It's  much broader  than that,  and                                                               
would  change the  intent  of these  particular  changes to  Sec.                                                               
13.26, she said.                                                                                                                
                                                                                                                                
1:56:08 PM                                                                                                                    
SENATOR PASKVAN asked  if the idea is to keep  someone's name out                                                               
of the  central registry  if the protective  order is  related to                                                               
becoming a trustee  or conservator as compared  to the protective                                                               
orders issued under AS 13.26.207 - 209.                                                                                         
                                                                                                                                
MS. HENRIKSEN reiterated that the  subject, intent and context of                                                               
the   protective  order   under  AS   13.26.165  are   completely                                                               
different. The registry  is intended to keeping a  bad actor from                                                               
harming  someone who  is  the  subject of  a  petition, which  is                                                               
similar to a domestic violence protective order.                                                                                
                                                                                                                                
SENATOR PASKVAN  asked if the intent  of the registry set  out on                                                               
page 8,  lines 16-17,  is that  law enforcement  can know  who is                                                               
potentially violating a court-ordered protective order.                                                                         
                                                                                                                                
MS. HENRIKSEN said she believes that is the intent.                                                                             
                                                                                                                                
1:57:57 PM                                                                                                                    
CHAIR FRENCH called an at-ease from  1:57 p.m. to 2:01 p.m. to do                                                               
some research on protective orders.                                                                                             
                                                                                                                                
2:01:55 PM                                                                                                                    
CHAIR FRENCH moved Conceptual Amendment 2.                                                                                      
                                                                                                                                
       Page 8, lines 16 and 17: Replace the span site AS                                                                        
     13.26.165 - 209 with Sec. 13.26.207 - 209.                                                                                 
       Page 8, line [23]: Replace AS 13.26.165 - 208 with                                                                       
     Sec. 13.26.207 - 208                                                                                                       
      Narrow the span site throughout the rest of the bill                                                                      
     where appropriate.                                                                                                         
                                                                                                                                
2:02:48 PM                                                                                                                    
MS. HENRIKSEN  asked if  the motion  is to  narrow the  span site                                                               
anywhere it occurs.                                                                                                             
                                                                                                                                
CHAIR FRENCH  replied the  intent of the  amendment is  to change                                                               
the  citation   where  it's  appropriate  in   order  to  confine                                                               
prosecutions to just the new references, Sec. 13.26.207 - 209.                                                                  
                                                                                                                                
MS.  HENRIKSEN asked  for confirmation  that it  wouldn't include                                                               
the reference on page 19, [lines 18-19].                                                                                        
                                                                                                                                
CHAIR  FRENCH said  that's  correct, it  would  not include  that                                                               
citation. The amendment would pick  up the references that appear                                                               
in court  rule changes. He noted  that the court rule  changes on                                                               
pages 22 and 23 look correct.                                                                                                   
                                                                                                                                
MS. HENRIKSEN  said she would  possibly have a  conversation with                                                               
the drafter.                                                                                                                    
                                                                                                                                
CHAIR  FRENCH found  no objection  and announced  that Conceptual                                                               
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
2:04:03 PM                                                                                                                    
SENATOR   WIELECHOWSKI  asked   for   some   discussion  of   the                                                               
legislative reason, in Section 46  on pages 21-22, for addressing                                                               
advanced age or extreme youth.                                                                                                  
                                                                                                                                
MS. HENRIKSEN deferred to Ms. Carpeneti.                                                                                        
                                                                                                                                
2:04:43 PM                                                                                                                    
ANNE  CARPENETI,  Assistant  Attorney  General,  Civil  Division,                                                               
Department of  Law (DOL), recalled  that the  discussion centered                                                               
on  the  notion  that  the  very  old  and  the  very  young  are                                                               
particularly sensitive to  time. The provision asks  the court to                                                               
give  consideration to  a victim's  circumstances in  every case,                                                               
and to  give special consideration  to a  very old or  very young                                                               
victim,  because of  the effect  that a  continuance or  delay of                                                               
trial would have on a person in those age groups.                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  the  rationale  for including  a                                                               
victim of  extreme youth is to  wait until the individual  is old                                                               
enough to verbalize his or her testimony.                                                                                       
                                                                                                                                
MS. CARPENETI replied  the rationale is to take  age into account                                                               
and set  the trial earlier  rather than later. Time  is different                                                               
for  children than  for adults  and a  bad situation  has a  much                                                               
stronger effect on a young person, she stated.                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI said  that's what he wanted to  hear; a case                                                               
involving  a  child  in  a  bad situation  would  be  heard  more                                                               
quickly.                                                                                                                        
                                                                                                                                
MS. CARPENETI confirmed that is the intent.                                                                                     
                                                                                                                                
2:07:33 PM                                                                                                                    
CHAIR FRENCH announced he would  hold SB 86 in committee awaiting                                                               
a new CS that incorporates the conceptual amendments.                                                                           

Document Name Date/Time Subjects