Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/18/2018 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 81 DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK TELECONFERENCED
Heard & Held
+ HB 355 FIRE;FOREST LAND; CRIMES;FIRE PREVENTION TELECONFERENCED
Heard & Held
+= HB 170 AK SECURITIES ACT; PENALTIES; CRT. RULES TELECONFERENCED
Moved SCS CSHB 170(L&C) Out of Committee
+= HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+ HB 216 CRIMES;RESTITUTION;DIVIDEND FUND TELECONFERENCED
<Pending Referral><Bill Hearing Canceled>
+ HB 342 LAND SALES PRACTICES TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 18, 2018                                                                                         
                           2:03 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Mia Costello                                                                                                            
Senator Mike Shower                                                                                                             
Senator Pete Kelly                                                                                                              
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 81                                                                                                              
"An Act relating  to criminal and civil  history requirements and                                                               
a registry  regarding certain licenses,  certifications, appeals,                                                               
and  authorizations  by  the  Department  of  Health  and  Social                                                               
Services; and providing for an effective date."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 355(JUD)                                                                                
"An Act  relating to the  crime of criminally  negligent burning;                                                               
relating to protection  of and fire management  on forested land;                                                               
relating to prohibited acts and  penalties for prohibited acts on                                                               
forested land; requiring the Alaska  Supreme Court to establish a                                                               
bail schedule; and providing for an effective date."                                                                            
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 170(JUD)                                                                                
"An Act relating to  securities, registration, exempt securities,                                                               
exempt transactions,  broker-dealers, agents,  investment advice,                                                               
investment advisers, investment  adviser representatives, federal                                                               
covered   securities,   federal  covered   investment   advisers,                                                               
viatical   settlement   interests,  small   intrastate   security                                                               
offerings,   Canadian   broker-dealers,  and   Canadian   agents;                                                               
relating  to   protecting  older   and  vulnerable   adults  from                                                               
financial  exploitation; relating  to administrative,  civil, and                                                               
criminal enforcement provisions,  including restitution and civil                                                               
penalties for violations; relating  to an investor training fund;                                                               
establishing increased civil penalties  for harming older persons                                                               
and vulnerable  adults; relating to corporations  organized under                                                               
the Alaska  Native Claims  Settlement Act;  amending Rules  4, 5,                                                               
54, 65,  and 90, Alaska Rules  of Civil Procedure, and  Rule 602,                                                               
Alaska  Rules  of  Appellate  Procedure;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED SCS CSHB 170(L&C) OUT OF COMMITTEE                                                                                 
                                                                                                                                
HOUSE BILL NO. 208                                                                                                              
"An  Act  relating  to  trusts and  powers  of  appointment;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
CS FOR SS FOR HOUSE BILL NO. 216(FIN) AM                                                                                        
"An  Act  relating  to  trusts and  powers  of  appointment;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 342                                                                                                              
"An  Act  relating  to  trusts and  powers  of  appointment;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  81                                                                                                                  
SHORT TITLE: DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/08/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/17       (S)       HSS, JUD                                                                                               
02/02/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/02/18       (S)       Heard & Held                                                                                           
02/02/18       (S)       MINUTE(HSS)                                                                                            
02/05/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/05/18       (S)       -- MEETING CANCELED --                                                                                 
03/14/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/14/18       (S)       Heard & Held                                                                                           
03/14/18       (S)       MINUTE(HSS)                                                                                            
03/16/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/16/18       (S)       Moved CSSB 81(HSS) Out of Committee                                                                    
03/16/18       (S)       MINUTE(HSS)                                                                                            
03/19/18       (S)       HSS RPT CS  2DP 2NR   NEW TITLE                                                                        
03/19/18       (S)       NR: WILSON, MICCICHE                                                                                   
03/19/18       (S)       DP: BEGICH, VON IMHOF                                                                                  
04/16/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/16/18       (S)       <Above Item Removed from Agenda>                                                                       
04/16/18       (S)       MINUTE(JUD)                                                                                            
04/18/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 355                                                                                                                  
SHORT TITLE: FIRE;FOREST LAND; CRIMES;FIRE PREVENTION                                                                           
SPONSOR(s): GUTTENBERG                                                                                                          
                                                                                                                                
02/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/18       (H)       RES, JUD                                                                                               
02/28/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/28/18       (H)       Heard & Held                                                                                           
02/28/18       (H)       MINUTE(RES)                                                                                            
02/28/18       (H)       RES AT 6:00 PM BARNES 124                                                                              
02/28/18       (H)       Heard & Held                                                                                           
02/28/18       (H)       MINUTE(RES)                                                                                            
03/05/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/05/18       (H)       Heard & Held                                                                                           
03/05/18       (H)       MINUTE(RES)                                                                                            
03/09/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/09/18       (H)       Moved CSHB 355(RES) Out of Committee                                                                   
03/09/18       (H)       MINUTE(RES)                                                                                            
03/12/18       (H)       RES RPT CS(RES) NT 4DP 3NR 1AM                                                                         
03/12/18       (H)       DP: LINCOLN, DRUMMOND, JOSEPHSON, TARR                                                                 
03/12/18       (H)       NR: BIRCH, PARISH, TALERICO                                                                            
03/12/18       (H)       AM: RAUSCHER                                                                                           
03/14/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/14/18       (H)       Heard & Held                                                                                           
03/14/18       (H)       MINUTE(JUD)                                                                                            
03/19/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/19/18       (H)       Heard & Held                                                                                           
03/19/18       (H)       MINUTE(JUD)                                                                                            
03/26/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/26/18       (H)       Scheduled but Not Heard                                                                                
03/30/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/30/18       (H)       <Bill Hearing Canceled>                                                                                
04/02/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/02/18       (H)       Heard & Held                                                                                           
04/02/18       (H)       MINUTE(JUD)                                                                                            
04/02/18       (H)       JUD AT 7:00 PM GRUENBERG 120                                                                           
04/02/18       (H)       Moved CSHB 355(RES) Out of Committee                                                                   
04/02/18       (H)       MINUTE(JUD)                                                                                            
04/04/18       (H)       JUD RPT CS(JUD) NT 3DP 1NR 2AM                                                                         
04/04/18       (H)       DP: KREISS-TOMKINS, STUTES, CLAMAN                                                                     
04/04/18       (H)       NR: LEDOUX                                                                                             
04/04/18       (H)       AM: EASTMAN, KOPP                                                                                      
04/09/18       (H)       TRANSMITTED TO (S)                                                                                     
04/09/18       (H)       VERSION: CSHB 355(JUD)                                                                                 
04/10/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/10/18       (S)       JUD                                                                                                    
04/17/18       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/17/18       (S)       Heard & Held                                                                                           
04/17/18       (S)       MINUTE(JUD)                                                                                            
04/18/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 170                                                                                                                  
SHORT TITLE: AK SECURITIES ACT; PENALTIES; CRT. RULES                                                                           
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/10/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/10/17       (H)       L&C, JUD                                                                                               
03/24/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/24/17       (H)       Heard & Held                                                                                           
03/24/17       (H)       MINUTE(L&C)                                                                                            
03/27/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/27/17       (H)       Moved  HB 170 Out of Committee                                                                         
03/27/17       (H)       MINUTE(L&C)                                                                                            
03/29/17       (H)       L&C RPT 6DP 1NR                                                                                        
03/29/17       (H)       DP: SULLIVAN-LEONARD, STUTES, WOOL,                                                                    
                         JOSEPHSON, BIRCH, KITO                                                                                 
03/29/17       (H)       NR: KNOPP                                                                                              
04/07/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/07/17       (H)       Heard & Held                                                                                           
04/07/17       (H)       MINUTE(JUD)                                                                                            
04/11/17       (H)       JUD AT 5:30 PM GRUENBERG 120                                                                           
04/11/17       (H)       Heard & Held                                                                                           
04/11/17       (H)       MINUTE(JUD)                                                                                            
04/12/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/12/17       (H)       Moved CSHB 170(JUD) Out of Committee                                                                   
04/12/17       (H)       MINUTE(JUD)                                                                                            
04/13/17       (H)       JUD RPT CS(JUD) NT 1DP 4NR                                                                             
04/13/17       (H)       DP: CLAMAN                                                                                             
04/13/17       (H)       NR:   EASTMAN,   KOPP,   KREISS-TOMKINS,                                                               
                         FANSLER                                                                                                
04/17/17       (H)       TRANSMITTED TO (S)                                                                                     
04/17/17       (H)       VERSION: CSHB 170(JUD)                                                                                 
05/01/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/01/17       (S)       L&C, JUD                                                                                               
03/19/18       (S)       L&C AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
03/19/18       (S)       Heard & Held                                                                                           
03/19/18       (S)       MINUTE(L&C)                                                                                            
04/02/18       (S)       L&C AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/02/18       (S)       Scheduled but Not Heard                                                                                
04/14/18       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/14/18       (S)       Moved   SCS   CSHB   170(L&C)   Out   of                                                               
                         Committee                                                                                              
04/14/18       (S)       MINUTE(L&C)                                                                                            
04/15/18       (S)       L&C RPT SCS  2DP 1NR   SAME TITLE                                                                      
04/15/18       (S)       DP: COSTELLO, MEYER                                                                                    
04/15/18       (S)       NR: GARDNER                                                                                            
04/17/18       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/17/18       (S)       Heard & Held                                                                                           
04/17/18       (S)       MINUTE(JUD)                                                                                            
04/18/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
STACIE KRALY, Chief Assistant Attorney General                                                                                  
Human Services Section                                                                                                          
Civil Division                                                                                                                  
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced SB 81 on behalf of the                                                                         
administration.                                                                                                                 
                                                                                                                                
ALLIANA SALANGUIT, Staff                                                                                                        
Representative David Guttenberg                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Reviewed the changes that appear in version                                                               
U of HB 355.                                                                                                                    
                                                                                                                                
CHRIS MAISCH, State Forester and Director                                                                                       
Division of Forestry                                                                                                            
Department of Natural Resources (DNR)                                                                                           
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Answered questions and provided supporting                                                                
testimony for HB 355.                                                                                                           
                                                                                                                                
JEFF TUCK, President                                                                                                            
Alaska Fire Chiefs Association                                                                                                  
Kenai, Alaska                                                                                                                   
POSITION STATEMENT: Testified in support of HB 355.                                                                           
                                                                                                                                
AARON PETERSON, Assistant Attorney General                                                                                      
Office of Special Prosecutions                                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions related to HB 355.                                                                     
                                                                                                                                
CRYSTAL KOENEMAN, Staff                                                                                                         
Representative Sam Kito                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  Answered questions  related  to  HB 170  on                                                             
behalf of the sponsor.                                                                                                          
                                                                                                                                
KRISTY NAYLOR, Acting Director                                                                                                  
Division of Banking and Securities                                                                                              
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:  Provided   some  history   and  supporting                                                             
testimony for HB 170.                                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
2:03:48 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 2:03  p.m. Present at the  call to                                                               
order  were   Senators  Shower,  Costello,  and   Chair  Coghill.                                                               
Senators  Wielechowski  and  Kelly   joined  the  committee  soon                                                               
thereafter.                                                                                                                     
                                                                                                                                
                                                                                                                                
        SB  81-DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK                                                                    
                                                                                                                                
2:04:34 PM                                                                                                                    
CHAIR  COGHILL  announced  the  consideration  of  SB  81.  [CSSB                                                               
81(HSS) was before the committee.]                                                                                              
                                                                                                                                
2:04:43 PM                                                                                                                    
STACIE KRALY,  Chief Assistant  Attorney General,  Human Services                                                               
Section,  Civil  Division,  Department of  Law,  Juneau,  Alaska,                                                               
thanked the  committee for  hearing SB  81, relating  to required                                                               
background checks for participation  in programs such as Medicaid                                                               
and  foster care.  She explained  that  the bill  is a  technical                                                               
amendment to statutes that were  enacted in 2005. It will improve                                                               
fairness for applicants without  compromising the health, safety,                                                               
and welfare  of the individuals  who receive services.  She noted                                                               
that  background checks  are required  for  anybody who  provides                                                               
services that are paid for entirely  or in part by the Department                                                               
of Health and Social Services.                                                                                                  
                                                                                                                                
MS. KRALY said SB 81 does three primary things:                                                                                 
                                                                                                                                
   • It conforms the criminal history statutes to clarify what                                                                  
     constitutes a civil history check.                                                                                         
   • It renames two registries in current statute:                                                                              
        • The child abuse and neglect registry that is                                                                          
     maintained by the Office of Children's Services; and                                                                       
        • The civil history check registry that is maintained by                                                                
     the Background Check Program within DHSS.                                                                                  
   • It edits the licensing statutes in AS 47.32 to ensure the                                                                  
     state  is  meeting  the  health,   safety,  and  welfare  of                                                               
     individuals  receiving care  in  foster  homes and  assisted                                                               
     living  facilities.   This  includes:   sharing  information                                                               
     without court  orders or search warrants,  and investigation                                                               
     of individuals  if they abuse  or neglect a person  in care,                                                               
     as opposed to focusing solely on the entity.                                                                               
                                                                                                                                
MS.  KRALY opined  that SB  81 will  maintain efficiencies,  save                                                               
money, and  provide better information  for the people  the state                                                               
regulates.                                                                                                                      
                                                                                                                                
2:07:28 PM                                                                                                                    
CHAIR COGHILL asked if the ombudsman endorses these changes.                                                                    
                                                                                                                                
MS.  KRALY answered  yes;  the Department  of  Health and  Social                                                               
Services, the  Department of  Law, the  Office of  the Ombudsman,                                                               
and  the Health  and Social  Services committees  of both  bodies                                                               
support the current committee substitute.                                                                                       
                                                                                                                                
2:07:56 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
CHAIR COGHILL  advised that the  Office of the Ombudsman  is part                                                               
of the legislative branch.                                                                                                      
                                                                                                                                
SENATOR KELLY joined the committee.                                                                                             
                                                                                                                                
2:08:30 PM                                                                                                                    
MS. KRALY provided an overview of  the sections of SB 81 speaking                                                               
to the following document:                                                                                                      
                                                                                                                                
     Section 1.  Amends Title 12  of the Alaska  statutes to                                                                    
     bring   the  Department   of  Public   Safety  criminal                                                                    
     background check  process into compliance  with federal                                                                    
     law; specifically, this  amendment allows public safety                                                                    
     [to]share   criminal  history   information  with   the                                                                    
     Department of Health and Social Services.                                                                                  
                                                                                                                                
     Section  2.  This  section makes  conforming  edits  to                                                                    
     rename  "Centralized   Registry"  to  the   "the  civil                                                                    
     history   database  check"   (AS  47.05.330)   to  more                                                                    
     accurately  describe the  current  practice and  avoids                                                                    
     confusion  with  the  "the   central  registry"  in  AS                                                                    
     47.17.040 (see section 14).                                                                                                
                                                                                                                                
     Sections  3  and  4.  These  sections  would  amend  AS                                                                    
     47.05.310(b) and  47.32.310(d) to clarify  that barrier                                                                    
     crimes apply to individuals as well as entities.                                                                           
                                                                                                                                
     Section 5. This section  would amend AS 47.05.310(e) to                                                                    
     allow an  individual to seek a  background check. Under                                                                    
     the current  law, only entities  can seek  a background                                                                    
     check. This  section would also remove,  at the request                                                                    
     of the Department of Public  Safety, the designation of                                                                    
     the Department of Health and  Social Services (DHSS) as                                                                    
     a   criminal  justice   agency  for   purpose  of   the                                                                    
     background check program. (see also section 1).                                                                            
                                                                                                                                
     Section 6. This section  would amend AS 47.05.310(f) to                                                                    
     make  it  clear   that  DHSS  may     in  addition  to                                                                    
     exceptions to the barrier crime  provisions  approve a                                                                    
     variance for a barrier crime.                                                                                              
                                                                                                                                
     Section 7. This section  would amend AS 47.05.310(h) to                                                                    
     address  how   a  non-licensed  provider,  such   as  a                                                                    
     relative  who is  receiving payment  by  the Office  of                                                                    
     Children's  Services,  is  treated under  the  statute.                                                                    
     This   amendment  would   make  it   clear  that   such                                                                    
     providers,  while not  being paid  by  DHSS, are  still                                                                    
     subject to background checks prior to placement.                                                                           
                                                                                                                                
     Section 8. This  section would add a new  section to AS                                                                    
     47.05.310 to  address immunity  from civil  or criminal                                                                    
     liability  for reporting  during  the background  check                                                                    
     process.                                                                                                                   
                                                                                                                                
     Section  9.  This  section   would  provide  a  similar                                                                    
     framework  for the  civil  history  database checks  as                                                                    
     background checks  (see AS 47.05.310). This  means that                                                                    
     the same  process applies to  a person who is  found to                                                                    
     have a  barring criminal conviction under  AS 47.05.310                                                                    
     as well as a barring civil finding under AS 47.05.330.                                                                     
                                                                                                                                
     Section  10.  This  section would  repeal  and  reenact                                                                    
     current  statute to  outline  how  the department  will                                                                    
     review  existing   databases,  rather  than   create  a                                                                    
     separate database  for the  civil history  checks. This                                                                    
     section  further  provides  that  information  reviewed                                                                    
     would be  confidential and is  not subject to  a public                                                                    
     records request.                                                                                                           
                                                                                                                                
     Specifically, this section:                                                                                                
     ?  Clarifies that  we are  looking to  evaluate health,                                                                    
     safety,  and welfare  issues  when reviewing  databases                                                                    
     related to licensed  entities, not technical violations                                                                    
     that   may  lead   to  a   nonrenewal,  suspension   or                                                                    
     revocation of a license;                                                                                                   
     ?  Clarifies that  we are  looking to  identify persons                                                                    
     whose children are  subjects of a child in  need of aid                                                                    
     petition;                                                                                                                  
     ?  Clarifies that  we are  looking to  evaluate health,                                                                    
     safety,  and welfare  issues  when reviewing  databases                                                                    
     related to  licensed providers  (occupational licensing                                                                    
     under AS 08), not unrelated technical violations;                                                                          
     ? Adds  that a  person who  works for  the state   not                                                                    
     just the Department of Health  and Social Services  is                                                                    
     subject to  a barring condition if  they are terminated                                                                    
     from  employment  for  a  substantiated  allegation  of                                                                    
     assaultive, neglectful, or exploitive behavior.                                                                            
                                                                                                                                
     Section  11.  This  would amend  the  current  immunity                                                                    
     section  to   reflect  the  change  to   civil  history                                                                    
     database check.                                                                                                            
                                                                                                                                
2:11:01 PM                                                                                                                    
SENATOR  WIELECHOWSKI  directed  attention  to  the  language  in                                                               
Section 10 on page 6, lines  23-26. He asked if the databases the                                                               
department  will  identify  for  review  are  limited  to  Alaska                                                               
databases.                                                                                                                      
                                                                                                                                
MS. KRALY said no; a primary  database DHSS reviews is the Office                                                               
of  Inspector   General  Database   for  Medicare   and  Medicaid                                                               
exclusions  and fraud.  Individuals on  that list  are prohibited                                                               
from participating in the state's Medicaid Program.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI asked if DHSS could use exclusionary                                                                       
information from a database it had not identified if someone                                                                    
brought that information to their attention.                                                                                    
                                                                                                                                
MS. KRALY explained that the regulations that outline the                                                                       
databases DHSS currently uses would need to be amended before                                                                   
they could rely on a new database to exclude someone.                                                                           
                                                                                                                                
She continued the sectional summary for SB 81.                                                                                  
                                                                                                                                
     Section  12.  This would  establish  a  new section  to                                                                    
     address the ability to seek  a variance for any finding                                                                    
     under  this chapter  and how  to appeal  a decision  if                                                                    
     there is  disagreement with any decision  made by DHSS,                                                                    
     including   providing  a   legal  mechanism   to  share                                                                    
     information held  by the Office of  Children's Services                                                                    
     for proposes of pursing a variance.                                                                                        
                                                                                                                                
     Section 13.  This section  would amend  AS 47.05.390(6)                                                                    
     to  expand the  definition  of "entity"  to include  an                                                                    
     individual service provider.                                                                                               
                                                                                                                                
     Section  14. This  section  amends  AS 47.10.093(b)  to                                                                    
     allow for the sharing  of information in the possession                                                                    
     of OCS that  will be necessary to pursue  a variance as                                                                    
     provided in section 12 of this bill.                                                                                       
                                                                                                                                
     Section  15.  This  section would  rename  the  central                                                                    
     registry  maintained   by  the  Office   of  Children's                                                                    
     Services to  the "child  protection registry"  to avoid                                                                    
     confusion [between names in  existing statute.] It also                                                                    
     clarifies   what  is   maintained  on   this  registry,                                                                    
     including substantiated  findings under AS 47.10  or AS                                                                    
     47.17.                                                                                                                     
                                                                                                                                
     Section  16. This  new  subsection  would clarify  that                                                                    
     before  a substantiated  finding can  be placed  on the                                                                    
     child protection  registry, the  person must  have been                                                                    
     afforded notice  of the finding and  the opportunity to                                                                    
     challenge the finding.                                                                                                     
                                                                                                                                
     Section 17.  This section would make  a conforming edit                                                                    
     to AS  47.32.010(c) replacing the  centralized registry                                                                    
     with civil history database check.                                                                                         
                                                                                                                                
     Section  18.  This  section would  amend  AS  47.32  to                                                                    
     provide authority  for DHSS  to consider  prior adverse                                                                    
     licensing findings  in determining whether to  grant or                                                                    
     deny a  license or  whether to place  a condition  on a                                                                    
     license.                                                                                                                   
                                                                                                                                
     Section 19.  This would  add a new  section to  make it                                                                    
     clear  that  when  there  is   an  allegation  that  an                                                                    
     employee  or  individual  affiliated  with  a  licensed                                                                    
     entity is alleged to have  engaged in any behavior that                                                                    
     would impact the  safety or welfare of  a resident, the                                                                    
     department may investigate that  individual and issue a                                                                    
     report  on the  findings  of  that investigation.  This                                                                    
     section  would further  provide  that if  a finding  of                                                                    
     abuse  or neglect  is substantiated  then that  finding                                                                    
     will  be part  of the  civil registry  process and  may                                                                    
     result in a person  being prohibited from employment or                                                                    
     licensure in  the future. This section  would also make                                                                    
     it clear  that before such  a finding can be  used, due                                                                    
     process must be afforded.                                                                                                  
                                                                                                                                
     Section  20.  This  is  technical  fix  to  rename  the                                                                    
     "registry" to the "civil history database."                                                                                
                                                                                                                                
     Section 21.  This is technical  fix that  would clarify                                                                    
     when formal  hearings are required when  an enforcement                                                                    
     action is taken after a licensing investigation.                                                                           
                                                                                                                                
     Section 22.  This would  add a  new section  to clarify                                                                    
     that  when law  enforcement  is  investigating a  crime                                                                    
     that is also the  subject of a licensing investigation,                                                                    
     the material  gathered by DHSS  may be shared  with the                                                                    
     law  enforcement as  a matter  of law  in a  concurrent                                                                    
     investigation.                                                                                                             
                                                                                                                                
     Section  23.  This  section   would  clarify  that  all                                                                    
     divisions who implement AS  47.32 may share information                                                                    
     with each  other for the  purpose of  administering the                                                                    
     licensing programs at DHSS.                                                                                                
                                                                                                                                
     Section  24. This  section  would  repeal reference  to                                                                    
     provisions  of  the  current law  that  are  no  longer                                                                    
     necessary as  a result  of the  prior sections  of this                                                                    
     bill.                                                                                                                      
                                                                                                                                
     Section  25.  This  is  an  applicability  section  for                                                                    
     purposes of applying the  criminal and civil background                                                                    
     checks before, on, or after  the effective date of this                                                                    
     act.                                                                                                                       
                                                                                                                                
     Section  26.  This  section would  advise  the  revisor                                                                    
     regarding title  changes to reflect amendments  in this                                                                    
     act, including the change to  include the civil history                                                                    
     registry.                                                                                                                  
                                                                                                                                
      Section 27. This provides for an immediate effective                                                                      
     date.                                                                                                                      
                                                                                                                                
2:15:34 PM                                                                                                                    
SENATOR COSTELLO  asked if she foresees  a problematic transition                                                               
period if additional background checks are needed.                                                                              
                                                                                                                                
MS. KRALY said  no, because the bill doesn't  change the existing                                                               
background check process.                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  directed  attention  to  the  language  in                                                               
Section 15  on page  10 that  requires DHSS  to maintain  a child                                                               
protection registry.  He asked if  there is  a limit on  how long                                                               
that information must be kept.                                                                                                  
                                                                                                                                
MS. KRALY advised  that it refers to the Online  Resource for the                                                               
Children of  Alaska (ORCA) database  that is required  by federal                                                               
law and  maintained by  the Office  of Children's  Services. That                                                               
information  is   maintained  under  public  records   almost  in                                                               
perpetuity due to the age of the individuals.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  asked if the  information in  that registry                                                               
is discoverable under the Freedom of Information Act.                                                                           
                                                                                                                                
MS. KRALY said no.                                                                                                              
                                                                                                                                
2:17:08 PM                                                                                                                    
CHAIR COGHILL stated  he would hold SB 81 in  committee and bring                                                               
it up again tomorrow.                                                                                                           
                                                                                                                                
        HB 355-FIRE;FOREST LAND; CRIMES;FIRE PREVENTION                                                                     
                                                                                                                                
2:18:06 PM                                                                                                                    
CHAIR COGHILL  announced the  consideration of  HB 355  and noted                                                               
the proposed committee substitute (CS).                                                                                         
                                                                                                                                
2:18:48 PM                                                                                                                    
SENATOR  COSTELLO moved  to adopt  the  Senate CS  for CSHB  355,                                                               
version 30-LS1382\U, as the working document.                                                                                   
                                                                                                                                
2:18:59 PM                                                                                                                    
CHAIR COGHILL objected for an explanation of the changes.                                                                       
                                                                                                                                
2:19:04 PM                                                                                                                    
ALLIANA  SALANGUIT,   Staff,  Representative   David  Guttenberg,                                                               
Alaska State Legislature, Juneau,  Alaska, explained that version                                                               
U of HB 355  updates the language in Section 8,  page 3, line 11-                                                               
15. It reads:                                                                                                                   
                                                                                                                                
     Sec. 41.15.070.  Disposal of burning  materials. During                                                                
     the  fire  season  or a  burn  closure  or  restriction                                                              
     established  under  AS  41.15.050,  a  person  may  not                                                            
     discard any  lighted tobacco, cigar,  cigarette, match,                                                              
     firecracker,  or  other  burning material  on  forested                                                                    
     land.                                                                                                                      
                                                                                                                                
She  advised   that  this  conforming  change   makes  Section  8                                                               
consistent with Section 5 that talks about fire season.                                                                         
                                                                                                                                
CHAIR  COGHILL asked  if this  addressed  the inconsistency  that                                                               
Senator Wielechowski brought up in a previous meeting.                                                                          
                                                                                                                                
MS. SALANGUIT said yes.                                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if   littering  laws,  and  perhaps                                                               
others, would  prohibit someone  from discarding  these materials                                                               
during any season.                                                                                                              
                                                                                                                                
2:20:21 PM                                                                                                                    
CHRIS MAISCH, State Forester and  Director, Division of Forestry,                                                               
Department  of   Natural  Resources  (DNR),   Fairbanks,  Alaska,                                                               
replied he  was not aware  of any  laws the Division  of Forestry                                                               
would enforce, but local laws  may prevent people from discarding                                                               
trash  or  other  materials.  Section 8  now  conforms  with  the                                                               
purpose of fire protection in Section 5.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI said he was satisfied.                                                                                     
                                                                                                                                
2:20:54 PM                                                                                                                    
CHAIR COGHILL removed his objection and version U was adopted.                                                                  
                                                                                                                                
He noted  the proposed  amendments and advised  that if  any were                                                               
adopted they  would be conformed  to version U. He  opened public                                                               
testimony.                                                                                                                      
                                                                                                                                
2:22:38 PM                                                                                                                    
JEFF  TUCK, President,  Alaska  Fire  Chiefs Association,  Kenai,                                                               
Alaska,  testified in  support of  HB  355. It  will provide  the                                                               
Division of  Forestry with  prevention tools  to better  do their                                                               
job. He expressed hope that  the proposed amendments would do the                                                               
same.                                                                                                                           
                                                                                                                                
CHAIR  COGHILL  asked  Senator Shower  to  present  the  proposed                                                               
amendments.                                                                                                                     
                                                                                                                                
2:23:53 PM                                                                                                                    
SENATOR SHOWER moved Amendment 1, labeled 30-LS1382\O.16.                                                                       
                                                                                                                                
                                                30-LS1382\O.16                                                                  
                                                      Radford                                                                   
                                                      4/18/18                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                 BY SENATOR SHOWER                                                                     
          TO: CSHB 355(JUD)                                                                                                     
                                                                                                                                
                                                                                                                                
     Page 2, line 16:                                                                                                           
          Delete "investigating,"                                                                                           
                                                                                                                                
     Page 4, line 16-17:                                                                                                        
          Delete ",investigate,"                                                                                            
                                                                                                                                
CHAIR COGHILL objected.                                                                                                         
                                                                                                                                
SENATOR  SHOWER  explained that  this  and  the other  amendments                                                               
address  what he  views to  be  enforcement powers  that are  too                                                               
broad  and   vague.  He  opined   that  "investigating"   is  not                                                               
applicable  to  the title.  The  same  reasoning applies  to  the                                                               
deletion on page 4.                                                                                                             
                                                                                                                                
2:25:28 PM                                                                                                                    
MS.  SALANGUIT advised  that the  sponsor opposes  the amendment.                                                               
She noted  that this and  the other amendments were  presented in                                                               
the other body and were not adopted.                                                                                            
                                                                                                                                
2:25:41 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  Mr.  Maisch  why  the  Division  of                                                               
Forestry needs the ability to investigate.                                                                                      
                                                                                                                                
MR. MAISCH  replied the division's  fire prevention  officers are                                                               
specifically trained  in the cause and  determination of wildland                                                               
fires. This is  expertise that other state agencies  do not have.                                                               
He explained  that the ability  to investigate is  important when                                                               
there are  smoke reports.  He highlighted  that following  a fire                                                               
emergency, an  individual's constitutional rights  are maintained                                                               
and warrants are used to do more detailed investigations.                                                                       
                                                                                                                                
2:26:37 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
CHAIR  COGHILL   asked  Senator  Shower  if   he  maintained  the                                                               
amendment.                                                                                                                      
                                                                                                                                
SENATOR SHOWER said yes.                                                                                                        
                                                                                                                                
CHAIR COGHILL asked for a roll call.                                                                                            
                                                                                                                                
2:26:46 PM                                                                                                                    
A roll  call vote was taken.  Senators Shower and Kelly  voted in                                                               
favor  of Amendment  1 and  Senators Costello,  Wielechowski, and                                                               
Coghill voted against it. Therefore,  Amendment 1 failed by a 2:3                                                               
vote.                                                                                                                           
                                                                                                                                
2:27:35 PM                                                                                                                    
SENATOR SHOWER moved Amendment 2, labeled 30-LS1382\O.17.                                                                       
                                                                                                                                
                                                30-LS1382\O.17                                                                  
                                                      Radford                                                                   
                                                      4/17/18                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                 BY SENATOR SHOWER                                                                     
          TO: CSHB 355(JUD)                                                                                                     
                                                                                                                                
                                                                                                                                
     Page 2, lines 14-15:                                                                                                       
          Delete "or administering the provisions of this                                                                   
     chapter"                                                                                                               
                                                                                                                                
CHAIR COGHILL objected.                                                                                                         
                                                                                                                                
SENATOR  SHOWER  said the  reasoning  is  the  same as  with  the                                                               
previous  amendment.  The powers  this  language  grants are  too                                                               
broad when  the paragraph specifically  talks about the  right of                                                               
entry to  control and suppress  fires. He opined that  this needs                                                               
to be rewritten and placed in a separate section.                                                                               
                                                                                                                                
MS. SALANGUIT stated that the  sponsor opposes this amendment. It                                                               
is more restrictive  for the division and would  allow permits to                                                               
be issued only for setting fires and the use of burning devices.                                                                
                                                                                                                                
MR. MAISCH confirmed  that Amendment 2 would  be more restrictive                                                               
and  would limit  the division    right to  enter only  during an                                                               
emergency to suppress and control wildland fires.                                                                               
                                                                                                                                
CHAIR COGHILL  asked Senator  Shower if it  was his  intention to                                                               
make it more restrictive.                                                                                                       
                                                                                                                                
SENATOR  SHOWER  said   he  didn't  believe  it   would  be  more                                                               
restrictive. His view is that  the amendment makes enforcing this                                                               
chapter less restrictive for the  division. It does not stop them                                                               
from  responding  to  and controlling  and  suppressing  wildland                                                               
fires or suspected wildland fires.                                                                                              
                                                                                                                                
MR.  MAISCH pointed  out that  one  of the  sections talks  about                                                               
other  types  of land  uses.  This  includes things  like  timber                                                               
harvesting and  land clearing, both  of which could  cause fires.                                                               
The amendment would prevent the  division's ability to work under                                                               
those scenarios.                                                                                                                
                                                                                                                                
2:29:47 PM                                                                                                                    
CHAIR COGHILL maintained his objection to Amendment 2.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  asked for more  examples of why  this power                                                               
is needed.                                                                                                                      
                                                                                                                                
MR  MAISCH said  other  provisions of  this  chapter include  the                                                               
section  that  refers  to  destructive   agents  such  as  insect                                                               
infestations.   AS   41.17.082(d)   outlines  the   process   the                                                               
commissioner must use to identify  a zone of infestation and deal                                                               
with  the  destructive  agents.   The  proposed  amendment  would                                                               
restrict that authority.                                                                                                        
                                                                                                                                
CHAIR COGHILL asked for a roll call.                                                                                            
                                                                                                                                
2:31:04 PM                                                                                                                    
A roll  call vote  was taken.  Senator Shower  voted in  favor of                                                               
Amendment  2  and  Senators Wielechowski,  Kelly,  Costello,  and                                                               
Coghill voted against it. Therefore,  Amendment 2 failed by a 1:4                                                               
vote.                                                                                                                           
                                                                                                                                
2:31:34 PM                                                                                                                    
SENATOR SHOWER moved Amendment 3, labeled 30-LS1382\O.18.                                                                       
                                                                                                                                
                                                30-LS1382\O.18                                                                  
                                                      Radford                                                                   
                                                      4/17/18                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                 BY SENATOR SHOWER                                                                     
          TO: CSHB 355(JUD)                                                                                                     
                                                                                                                                
                                                                                                                                
     Page 3, lines 7-9:                                                                                                         
                                                                                                                                
        Delete all material and insert:                                                                                         
               "(b)  A  person  may  not set  fires  or  use                                                                    
               burning   devices   without   a   permit   as                                                                    
               prescribed    by    the    commissioner    in                                                                    
               regulation."                                                                                                     
                                                                                                                                
CHAIR COGHILL objected                                                                                                          
                                                                                                                                
SENATOR SHOWER said the amendment  addresses the concern that the                                                               
language is too broad for what the section tries to accomplish.                                                                 
                                                                                                                                
SENATOR COSTELLO  asked if the phrase  "conduct other activities"                                                               
is balanced  by the phrase  "without a permit as  described." She                                                               
questioned  whether  a  permit  would  be  required  to  smoke  a                                                               
cigarette.                                                                                                                      
                                                                                                                                
MR.  MAISCH   said  the  division  opposes   Amendment  3.  Other                                                               
activities  refers to  other types  of land  uses such  as timber                                                               
harvest and land  clearing, both of which would  require a permit                                                               
during fire  season. A permit  would not  be required to  smoke a                                                               
cigarette.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI asked  if mowing a lawn would  be an example                                                               
of  an  activity that  could  increase  fire danger,  given  that                                                               
hitting a rock could cause a spark and ignite a fire.                                                                           
                                                                                                                                
MR. MAISCH said yes.  In a similar example, a hot  saw hit a rock                                                               
during timber harvest and started a large forest fire.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI asked to which  lands and what times of year                                                               
Section 7 applies.                                                                                                              
                                                                                                                                
MR. MAISCH replied  it applies to forested lands  during the fire                                                               
season  or  other  times  prescribed  by  the  commissioner.  The                                                               
definition  of "forested  lands"  is broad  and  would include  a                                                               
lawn.                                                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if a  permit is  needed to  mow your                                                               
lawn.                                                                                                                           
                                                                                                                                
MR.  MAISCH  clarified that  a  permit  is  not required  but  an                                                               
individual could be cited if it causes a fire.                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI asked about using a firearm outside.                                                                       
                                                                                                                                
MR.  MAISCH said  a permit  is not  needed to  use a  firearm but                                                               
anything  that can  start a  fire could  be considered  under the                                                               
statute. The purpose of the broad  statute is to prevent the risk                                                               
to public safety that occurs with such ignition devices.                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI maintained  that the  bill would  require a                                                               
permit to use a firearm.                                                                                                        
                                                                                                                                
He said  he would support  the amendment because the  language in                                                               
Section 7 is far too broad at this point.                                                                                       
                                                                                                                                
2:35:35 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:35:40 PM                                                                                                                    
CHAIR  COGHILL   reconvened  the   meeting  and   maintained  his                                                               
objection to Amendment  3. His understanding is  that the broader                                                               
language would only be used during imminent fire danger.                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI said  this would apply to  all forested land                                                               
(including lawns) during fire season, which is overbroad.                                                                       
                                                                                                                                
CHAIR COGHILL asked for a roll call.                                                                                            
                                                                                                                                
2:36:57 PM                                                                                                                    
A roll  call vote  was taken.  Senators Wielechowski,  Kelly, and                                                               
Shower voted  in favor of  Amendment 3 and Senators  Costello and                                                               
Coghill voted against it. Therefore,  Amendment 3 passed by a 3:2                                                               
vote.                                                                                                                           
                                                                                                                                
2:37:39 PM                                                                                                                    
SENATOR SHOWER moved Amendment 4, LS-301382\O.19.                                                                               
                                                                                                                                
                                                30-LS1382\O.19                                                                  
                                                      Radford                                                                   
                                                      4/17/18                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 4                                                                                       
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                 BY SENATOR SHOWER                                                                     
          TO: CSHB 355(JUD)                                                                                                     
                                                                                                                                
                                                                                                                                
     Page 6, following line 16:                                                                                                 
          Insert a new bill section to read:                                                                                    
      "* Sec. 21. AS 41.15.950 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
             (c)  A person is not required under this                                                                           
          section to disclose a deadly weapon under                                                                             
          AS 11.61.220(a)(1)(A)    to   a    peace   officer                                                                    
          described under (a)(1) of this section."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 7, line 2:                                                                                                            
          Delete "sec. 21"                                                                                                      
          Insert "sec. 22"                                                                                                      
                                                                                                                                
     Page 7, line 3:                                                                                                            
          Delete "sec. 21" in both places                                                                                       
          Insert "sec. 22" in both places                                                                                       
                                                                                                                                
     Page 7, line 4:                                                                                                            
          Delete "Sections 23 and 24"                                                                                           
          Insert "Sections 24 and 25"                                                                                           
                                                                                                                                
     Page 7, line 5:                                                                                                            
          Delete "sec. 25"                                                                                                      
          Insert "sec. 26"                                                                                                      
                                                                                                                                
CHAIR COGHILL objected.                                                                                                         
                                                                                                                                
SENATOR SHOWER explained that the  amendment is intended to avoid                                                               
potential conflicts  between firemen who are  not law enforcement                                                               
and citizens who are armed and do not have the duty to disclose.                                                                
                                                                                                                                
CHAIR COGHILL  asked Ms.  Salanguit if the  sponsor had  seen the                                                               
proposed amendment.                                                                                                             
                                                                                                                                
MS. SALANGUIT said  yes and the Department of Law  could speak to                                                               
it.                                                                                                                             
                                                                                                                                
2:40:00 PM                                                                                                                    
AARON  PETERSON, Assistant  Attorney General,  Office of  Special                                                               
Prosecutions,  Criminal Division,  Department of  Law, Anchorage,                                                               
Alaska,  said  the  way  it  stands   now  is  that  there  is  a                                                               
reasonableness   requirement  that   the  person   who  knowingly                                                               
possesses  a  concealed  firearm  is  reckless  that  the  person                                                               
contacting them is  a peace officer. Under the  circumstance of a                                                               
fireman who is  dressed in a lime green uniform,  it would not be                                                               
reckless to be unaware that a fireman is a peace officer.                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  this  refers  to Sec.  11.61.220                                                               
(a)(1)(A) which is  the affirmative duty to disclose  to a police                                                               
officer that you have a firearm.                                                                                                
                                                                                                                                
MR. PETERSON said yes.                                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  he agrees  that  the  amendment                                                               
clarifies that  an individual does  not have an  affirmative duty                                                               
to disclose to a peace officer  that they have a firearm in their                                                               
possession.                                                                                                                     
                                                                                                                                
MR. PETERSON  confirmed that the  amendment would codify  that an                                                               
individual  would never  have the  duty to  disclose a  concealed                                                               
firearm, even  if the fire  prevention officer (FPO)  was dressed                                                               
as a peace officer.                                                                                                             
                                                                                                                                
2:43:54 PM                                                                                                                    
SENATOR SHOWER said  the amendment tries to clarify  that for the                                                               
purpose   of  enforcing   this   chapter.  Sec.   41.15.950(a)(1)                                                               
identifies  an  employee  of  the   department  or  other  person                                                               
authorized by  the commissioner as  peace officers of  the state,                                                               
regardless of their dress.                                                                                                      
                                                                                                                                
CHAIR COGHILL asked Mr. Peterson if he had a comment.                                                                           
                                                                                                                                
MR.  PETERSON  said   no;  he  understands  the   intent  of  the                                                               
amendment.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  said his question  was who is defined  as a                                                               
peace officer and Sec. 41.15.950(a) appears to be fairly broad.                                                                 
                                                                                                                                
MR.  PETERSON  said  there  are  numerous  definitions  of  peace                                                               
officer throughout the  statutes, but the definition  in Title 41                                                               
is for the purpose of enforcing Title 41.                                                                                       
                                                                                                                                
2:45:33 PM                                                                                                                    
SENATOR SHOWER withdrew Amendment 4.                                                                                            
                                                                                                                                
2:45:56 PM                                                                                                                    
CHAIR COGHILL held HB 355 in committee.                                                                                         
                                                                                                                                
        HB 170-AK SECURITIES ACT; PENALTIES; CRT. RULES                                                                     
                                                                                                                                
2:46:23 PM                                                                                                                    
CHAIR COGHILL  announced the consideration  of HB 170.  [SCS CSHB                                                               
170(L&C) was  before the committee.]  He asked if there  were any                                                               
more questions for the committee to consider.                                                                                   
                                                                                                                                
2:47:30 PM                                                                                                                    
SENATOR  WIELECHOWSKI   asked  if   HB  170   was  the   same  or                                                               
substantially  different than  securities  bills  that have  come                                                               
before the committee in years past.                                                                                             
                                                                                                                                
2:47:49 PM                                                                                                                    
CRYSTAL  KOENEMAN, Staff,  Representative  Sam  Kito III,  Alaska                                                               
State Legislature,  Juneau, Alaska, said  HB 170 has  been around                                                               
since  2010. It  was  important  to the  former  director of  the                                                               
Division  of  Banking  and  Securities,  Kevin  Anselm,  and  her                                                               
predecessor.                                                                                                                    
                                                                                                                                
CHAIR COGHILL  added that the bill  always gets caught up  in the                                                               
end  of session  because  it's  so dense.  The  industry has  had                                                               
significant  input and  the current  division  director wants  to                                                               
testify today.                                                                                                                  
                                                                                                                                
2:49:08 PM                                                                                                                    
KRISTY  NAYLOR,   Acting  Director,   Division  of   Banking  and                                                               
Securities,  Department  of   Commerce,  Community  and  Economic                                                               
Development  (DCCED),  Anchorage,  Alaska,   said  HB  170  is  a                                                               
consumer protection  bill that enhances the  administrative civil                                                               
and criminal penalties. The hope  is that the additional consumer                                                               
protections  will benefit  Alaskans as  a whole.  The bill  looks                                                               
larger  than  it really  is  because  it completely  repeals  and                                                               
reenacts  the  statutes.  Most of  the  existing  Securities  Act                                                               
provisions remain in place but are reorganized.                                                                                 
                                                                                                                                
CHAIR  COGHILL  asked  her  to discuss  why  the  bill  separates                                                               
securities from the Alaska Native Settlement Act (ANCSA).                                                                       
                                                                                                                                
MS. NAYLOR explained that the  ANCSA was placed in the Securities                                                               
Act when it passed because  the federal government directed ANCSA                                                               
corporation proxy solicitations  to be regulated the  way the FCC                                                               
regulates  proxy solicitations  of publicly  traded corporations.                                                               
However,  it  doesn't make  sense  to  have the  same  regulatory                                                               
procedures  as for  broker dealers  and investment  advisors when                                                               
ANCSA  corporations  are so  unique  and  the proxy  solicitation                                                               
regulation is so  individualized. Rather, it makes  more sense to                                                               
leave  the  ANCSA   provisions  where  they  are   and  move  the                                                               
securities  provisions  to  another  chapter  and  regulate  them                                                               
separately.                                                                                                                     
                                                                                                                                
2:52:09 PM                                                                                                                    
CHAIR  COGHILL said  he  wanted the  members  to understand  that                                                               
history. He asked if there was any objection to moving the bill.                                                                
                                                                                                                                
2:52:49 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if the bill had any opposition.                                                                      
                                                                                                                                
MS. KOENEMAN replied  none that they were aware  of through prior                                                               
committee hearings.                                                                                                             
                                                                                                                                
2:53:23 PM                                                                                                                    
SENATOR COSTELLO  moved to  report the  Senate CS  for CS  for HB                                                               
170(L&C),   version    R,   from   committee    with   individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
2:53:41 PM                                                                                                                    
CHAIR  COGHILL found  no objection  and SCS  CSHB 170(L&C)  moved                                                               
from the Senate Judiciary Standing Committee                                                                                    
                                                                                                                                
2:53:54 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:55:51 PM                                                                                                                    
CHAIR COGHILL reconvened the meeting  and reviewed the agenda for                                                               
tomorrow.                                                                                                                       
                                                                                                                                
2:58:49 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Coghill  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 2:58 p.m.                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SB 81 - Sectional Summary (ver. D).pdf SJUD 4/18/2018 1:30:00 PM
SB 81
SB 81 - Summary of Changes (ver. A to ver. D).pdf SJUD 4/18/2018 1:30:00 PM
SB 81
SB 81 - Governor Transmittal Letter.pdf SJUD 4/18/2018 1:30:00 PM
SB 81
SB 81 - Supporting Document - FAQs.pdf SJUD 4/18/2018 1:30:00 PM
SB 81
HB 208 - Additional Letters of Support and Opposition.pdf SJUD 4/18/2018 1:30:00 PM
HB 208
HB 208 - Additional Letters.pdf SJUD 4/18/2018 1:30:00 PM
HB 208
CS to HB 355 - Version U.pdf SJUD 4/18/2018 1:30:00 PM
HB 355
HB 355 - Explanation of Changes (ver. O to ver. U).pdf SJUD 4/18/2018 1:30:00 PM
HB 355
HB 208 - Letter - UA Foundation.pdf SJUD 4/18/2018 1:30:00 PM
HB 208
Legal Memo HB 208.pdf SJUD 4/18/2018 1:30:00 PM
HB 208
HB 355 - Shower Amendment O.18.pdf SJUD 4/18/2018 1:30:00 PM
HB 355
HB 355 - Shower Amendment O.17.pdf SJUD 4/18/2018 1:30:00 PM
HB 355
HB 355 - Shower Amendment O.16.pdf SJUD 4/18/2018 1:30:00 PM
HB 355
HB 355 - Shower Amendment O.19.pdf SJUD 4/18/2018 1:30:00 PM
HB 355
HB 355 - Shower Amendment O.24.pdf SJUD 4/18/2018 1:30:00 PM
HB 355
HB 355 - Shower Amendment O.21.pdf SJUD 4/18/2018 1:30:00 PM
HB 355