Legislature(2007 - 2008)HOUSE FINANCE 519

02/20/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 3 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. TELECONFERENCED
Heard & Held
+ HB 307 DOMESTIC VIOLENCE OFFENSES TELECONFERENCED
Heard & Held
+ HB 351 CONCEALED HANDGUN PERMIT: FINGERPRINTS TELECONFERENCED
<Bill Hearing Postponed>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HJR 2 CONST.AM:NO GAMING WITHOUT VOTER APPROVAL TELECONFERENCED
Moved CSHJR 2(FIN) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 20, 2008                                                                                          
                         1:37 P.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House  Finance Committee meeting to                                                                   
order at 1:37:27 PM.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Mary Nelson                                                                                                      
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Les Gara                                                                                                         
Representative John Harris                                                                                                      
                                                                                                                                
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative    Lindsey   Holmes;   Representative    Nancy                                                                   
Dahlstrom;  Representative Bob  Lynn; Peggy Brown,  Executive                                                                   
Director,  Alaska Network  on  Domestic  Violence and  Sexual                                                                   
Assault; Anne  Carpeneti, Assistant  Attorney General,  Legal                                                                   
Services  Section-Juneau,  Criminal Division,  Department  of                                                                   
Law; Sharleen  Griffin, Director, Division  of Administrative                                                                   
Services,  Department of  Corrections;  Duane Bannock,  Self;                                                                   
Matthew  Kerr,  Self;  Kevin   Brooks,  Deputy  Commissioner,                                                                   
Department of Administration                                                                                                    
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Josh  Fink,  Public  Advocate,  Office  of  Public  Advocacy,                                                                   
Department  of  Administration;   Lisa  Donnelley,  Attorney,                                                                   
Anchorage                                                                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 3      An Act relating to issuance of identification                                                                         
          cards and to issuance of driver's licenses; and                                                                       
          providing for an effective date.                                                                                      
                                                                                                                                
          HB 3 was HEARD and HELD in Committee for further                                                                      
          consideration.                                                                                                        
                                                                                                                                
HB 307    An Act  relating to penalizing  certain misdemeanor                                                                   
          domestic violence offenses as felonies.                                                                               
                                                                                                                                
          HB 307 was HEARD and HELD in Committee for further                                                                    
          consideration.                                                                                                        
                                                                                                                                
HB 351    An  Act relating to  submission of fingerprints  by                                                                   
          applicants for a concealed handgun permit; and                                                                        
          providing for an effective date.                                                                                      
                                                                                                                                
          HB 351 was SCHEDULED but not heard.                                                                                   
                                                                                                                                
HJR 2     Proposing an amendment to the Constitution of the                                                                     
          State of Alaska requiring an affirmative vote of                                                                      
          the people before any form of gambling for profit                                                                     
          may be authorized in Alaska.                                                                                          
                                                                                                                                
          CS HJR 2 (FIN) was reported out of Committee with                                                                     
          "no recommendation" and with a new fiscal note by                                                                     
          the Division of Elections.                                                                                            
1:38:03 PM                                                                                                                    
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 2                                                                                                  
                                                                                                                                
     Proposing an amendment to  the Constitution of the State                                                                   
     of Alaska  requiring an affirmative  vote of  the people                                                                   
     before  any   form  of  gambling   for  profit   may  be                                                                   
     authorized in Alaska.                                                                                                      
                                                                                                                                
Co-Chair  Chenault MOVED  to  ADOPT work  draft  25-LS0257\V,                                                                   
Luckhaupt,  2/14/08, as the  version of  the bill before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
REPESENTATIVE NANCY  DAHLSTROM, SPONSOR, directed  discussion                                                                   
to  the  work  draft,  addressing   concerns  voiced  by  the                                                                   
Committee.   The  work  draft  outlines potential  affect  on                                                                   
gaming and charitable games, while  at the same time does not                                                                   
affect current existing operations.                                                                                             
                                                                                                                                
REPRESENTATIVE  CRAWFORD,  SPONSOR,  added,  the  draft  also                                                                   
clarifies  the   voting  process;  initially,   it  had  been                                                                   
optional.                                                                                                                       
                                                                                                                                
1:40:17 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze discussed  appreciation  for the  changes                                                                   
made,  while   requesting  backup  documentation   from  each                                                                   
department  affected,  before the  legislation  moves to  the                                                                   
House Floor.   He emphasized that it is  especially important                                                                   
because it is a proposed constitutional amendment.                                                                              
                                                                                                                                
Representative  Dahlstrom replied,  those  concerns would  be                                                                   
addressed.  She referenced Page  2, Line 6 of the \V version,                                                                   
inquiring  if there  should be  a period  following the  word                                                                   
"law"  for   clarification  purposes.     Vice-Chair  Stoltze                                                                   
recommended  that  the  Department  of  Law,  Office  of  the                                                                   
Attorney General, respond to that  query.   He reiterated the                                                                   
written    assurance   stipulated    by   that    Department.                                                                   
Representative Crawford  interjected that letters  of support                                                                   
had been requested,  but have not yet arrived.   He indicated                                                                   
that  the   sponsors   will  continue   to  press  for   that                                                                   
documentation.                                                                                                                  
                                                                                                                                
1:43:57 PM                                                                                                                    
                                                                                                                                
Representative   Joule   remembered    that   past   attempts                                                                   
encouraging statewide  gaming, had been defeated  through the                                                                   
legislative process.   He questioned  why the  resolution was                                                                   
being  placed before  the  people.   Representative  Crawford                                                                   
explained that there  is now an initiative on  the ballot for                                                                   
the August  election,  which would remove  the decision  from                                                                   
the Legislature's  preview.  He and Representative  Dahlstrom                                                                   
hoped   to  see  the   proposed  verbiage   written   in  the                                                                   
Constitution so  that the Legislature  will continue  to have                                                                   
in-put.                                                                                                                         
                                                                                                                                
Representative  Joule  was not  familiar  with that  specific                                                                   
initiative  but understood  that  initiatives  passed by  the                                                                   
voters were  in effect  only for  two years.   Representative                                                                   
Crawford  acknowledged   that  in  two  years   it  could  be                                                                   
repealed,  however, by  then it  could be  more difficult  to                                                                   
undo  what  had  been done,  i.e.  such  as  construction  of                                                                   
casinos.   He reiterated,  it would  be difficult to  reverse                                                                   
any  position.   The  resolution  provides the  populace  the                                                                   
ability to make the decision to  expand gambling or not.  The                                                                   
initiative has  been "marketed" more  as a regulation  of the                                                                   
gaming industry;  it does not  include the reality of  a five                                                                   
member  commission  with  the  sole  authority  of  expanding                                                                   
gambling or not.                                                                                                                
                                                                                                                                
1:47:32 PM                                                                                                                    
                                                                                                                                
Co-Chair   Chenault   asked  Representatives   Crawford   and                                                                   
Dahlstrom  if  those voting  on  an initiative  could  really                                                                   
understand  what   they  were  voting  on.     Representative                                                                   
Crawford said it depends on the way in which it is sold.                                                                        
                                                                                                                                
Co-Chair Chenault  explained the  education piece  of selling                                                                   
an initiative.   The people of  Alaska should know  what they                                                                   
are  voting on  and  the  consequences associated  with  that                                                                   
vote.  Representative  Crawford acknowledged that  the weight                                                                   
of advertising can change the  mind of the voters and he knew                                                                   
there  would be  a large  amount of  advertising against  the                                                                   
initiative.  Co-Chair Chenault  agreed that there is always a                                                                   
pro and con to each issue and  that regardless of the dollars                                                                   
spent,  the issue  either  fails or  passes.   He  reiterated                                                                   
concern that voters  might not fully understand  the concern.                                                                   
Representative  Crawford agreed  &  pointed out  that is  the                                                                   
beauty of the constitutional amendment process.                                                                                 
                                                                                                                                
1:50:50 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze  addressed fiscal  concerns,  remembering                                                                   
the  attempt to  take big  money  out of  politics, which  he                                                                   
thought it  could be  an undo influence.   He worried  having                                                                   
the  gambling   issue  on  a   ballot  measure   proposing  a                                                                   
constitutional amendment,  which is tied to  "beating-back" a                                                                   
citizen's initiative  in the coming election.   He questioned                                                                   
if  the  legislation  would  be  appropriate  public  policy.                                                                   
Representative   Crawford  noted   strong  support   for  the                                                                   
initiative process.                                                                                                             
                                                                                                                                
1:53:48 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  pointed  out  that  through  the  initiative                                                                   
process,  the crew  ship  head tax  was  passed, which  taxes                                                                   
gambling  proceeds on  the crew  ships.   He asked  if HJR  2                                                                   
would affect that.  Representative  Crawford advised that the                                                                   
language  of  the  resolution  is explicit:    "It  does  not                                                                   
prohibit or  restrict any form  of gaming lawfully  conducted                                                                   
under Alaska law".                                                                                                              
                                                                                                                                
1:55:19 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze MOVED  to REPORT  CS HJR  2 (FIN) out  of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS  HJR  2 (FIN)  was  reported  out  of Committee  with  "no                                                                   
recommendation" and  with a new  fiscal note by  the Division                                                                   
of Elections.                                                                                                                   
                                                                                                                                
1:56:07 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 307                                                                                                            
                                                                                                                                
     An Act relating to penalizing certain misdemeanor                                                                          
     domestic violence offenses as felonies.                                                                                    
                                                                                                                                
REPRESENTATIVE  LINDSEY HOLMES,  SPONSOR,  explained that  HB
307  seeks to  increase  penalties  for repeat  offenders  by                                                                   
          rd                                                                                                                    
making a 3  misdemeanor case a  felony.  The bill is narrowly                                                                   
crafted,  pertaining   only  for  crimes  against   a  person                                                                   
involving domestic  violence.   The repeat offenders  will be                                                                   
subject to felony charge after  their first two misdemeanors.                                                                   
The penalty  will act  as a deterrent  for those  persons who                                                                   
are repeat offenders.  She maintained  that there needs to be                                                                   
a serious deterrent to stop the cycles of violence.                                                                             
                                                                                                                                
Alaska has one of the highest  domestic violence rates in the                                                                   
nation.   In 2005,  there were over  6,000 reported  cases of                                                                   
                                                    st                                                                          
domestic  violence in  the State.    Alaska ranks  1  in  the                                                                   
Nation  with the  highest rate  of female  victims killed  by                                                                   
male  perpetrators,  many of  which  are  in the  context  of                                                                   
domestic violence.                                                                                                              
                                                                                                                                
                                   rd                                                                                           
HB  307 clarifies  that for  the  3  actual  conviction on  a                                                                   
domestic violence  misdemeanor charge, a Class  A misdemeanor                                                                   
is  increased to  a Class  C felony.   Representative  Holmes                                                                   
clarified  that the  bill does  not address  the question  of                                                                 
filing a protective order.  The  bill targets only the repeat                                                                   
offenders.                                                                                                                      
                                                                                                                                
Representative Holmes urged support for the legislation.                                                                        
                                                                                                                                
1:58:51 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  asked   how  many  other  states  have                                                                   
adopted   these  recommendations.     Representative   Holmes                                                                   
responded that 18 other states have the penalty in law.                                                                         
                                                                                                                                
Vice-Chair  Stoltze inquired  if there  were any  retroactive                                                                   
provisions  included  in  the bill.    Representative  Holmes                                                                   
advised  that  was  the  subject   of  debate  in  the  House                                                                   
Judiciary  Committee.    She understood  that  the  bill  was                                                                   
prospective  and that  it requires  the  misdemeanor to  have                                                                   
been  a domestic  violence  offense.    As of  now,  domestic                                                                   
violence  has  not  been  an element  proven.    To  make  it                                                                   
retroactive  would require  proof  that  prior offenses  were                                                                   
domestic   violence,   which  would   be   difficult.     She                                                                   
recommended the Department of Law address that.                                                                                 
                                                                                                                                
2:01:05 PM                                                                                                                    
                                                                                                                                
Representative  Hawker mentioned  that these  issues raise  a                                                                   
personal  conflict for  him.   He  referenced the  "sweeping"                                                                   
definition  of  domestic  violence   in  statute  and  listed                                                                   
possible situations  where there could be  crimes categorized                                                                   
as domestic  violence.  He  thought the legislation  might be                                                                   
overly  encompassing,  worrying  that  after  three  strikes,                                                                   
someone could be looking at a felony conviction.                                                                                
                                                                                                                                
Representative  Holmes acknowledged that  there has  been in-                                                                   
depth   discussion   with   the   prosecution   and   defense                                                                   
encouraging that  definitions be left broad  enough that they                                                                   
can be  proven rather than  convicting those not  intended to                                                                   
be taken.   She  agreed the  issue is  real.  Currently,  the                                                                   
definition of domestic violence  is in statute.  She said she                                                                   
shares concerns voiced by Representative  Hawker, adding that                                                                   
she is currently  taking language into consideration  to help                                                                   
narrow the concern.                                                                                                             
                                                                                                                                
                                                            th                                                                  
Representative Holmes referenced  crimes of assault in the 4                                                                    
degree  and  "fear  assault",  which  is  recklessly  placing                                                                   
someone in fear of imminent physical  injury.  She understood                                                                   
                                                st                                                                              
that fear assault is not brought  forward on a 1  time charge                                                                   
but is used when there has been  a pattern of actual physical                                                                   
assaults.   It is  important to retain  the language  for the                                                                   
purpose of the domestic violence context.                                                                                       
                                                                                                                                
2:06:26 PM                                                                                                                    
                                                                                                                                
Representative   Hawker  understood   Representative   Holmes                                                                   
desire   to  "trust   the  system".      He  questioned   the                                                                   
consequences  placed on  the Department  of Corrections.   He                                                                   
pointed out that without any new  laws passed, the Department                                                                   
is  looking at  a  billion  dollar General  Fund  commitment.                                                                   
Representative  Holmes acknowledged that  there are  a number                                                                   
of pieces of  legislation increasing penalties  for offenders                                                                   
and  that HB  307  is one  of  them, which  could  lead to  a                                                                   
penalty range  for a Class C  felony from zero to  five years                                                                   
and might  lead to  longer jail sentences.   HB 307  requires                                                                   
conviction,  not just  the charge  of  three separate  times.                                                                   
She was comfortable  with the request to  increase penalties.                                                                   
Representative  Hawker  acknowledged  that the  argument  had                                                                   
been compelling.                                                                                                                
                                                                                                                                
2:09:02 PM                                                                                                                    
                                                                                                                                
Representative Nelson reiterated  the bill charges only after                                                                   
three  separate  incidences,   noting  her  support  for  the                                                                   
standard established  through the legislation.   By the third                                                                   
offense, it is  clear that there is a pattern  of anger, rage                                                                   
or  abuse   and  that   the  offender   needs  treatment   or                                                                   
counseling.                                                                                                                     
                                                                                                                                
Representative  Joule inquired if  the other eighteen  states                                                                   
had seen  a deterrent with  adoption of similar  legislation.                                                                   
Representative Holmes did not have those numbers.                                                                               
                                                                                                                                
Representative  Joule discussed the  impact to the  operating                                                                   
budget for  the Department of  Corrections; he  worried about                                                                   
the long-term effect on the budget.                                                                                             
                                                                                                                                
2:12:46 PM                                                                                                                    
                                                                                                                                
Representative  Thomas  hoped that  any  future abuser  would                                                                   
realize what  they will  be loosing, with  a felony  on their                                                                   
record.     He  encouraged   that  if   the  legislation   is                                                                   
implemented, the  public must be educated  regarding possible                                                                   
retributions.                                                                                                                   
                                                                                                                                
Representative Holmes  agreed that discussion is  critical as                                                                   
to  what the  extent is  a deterrent  and what  extend is  it                                                                   
punishment.  She stated that one  goal is in conjunction with                                                                   
the Task Force on Domestic Violence  and Sexual Assault.  The                                                                   
issue  that  continually  comes   forward  is  the  need  for                                                                   
education & awareness.  She hoped  that the legislation would                                                                   
help change attitudes and not  simply to lock people up.  She                                                                   
agreed that  it is important  that people know,  the behavior                                                                   
is not to be tolerated.                                                                                                         
                                                                                                                                
2:15:18 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault  asked  if  a person  could  be  arrested,                                                                   
prosecuted   &  convicted   for   verbal  assault,   domestic                                                                   
violence.     Representative  Holmes  did  not   believe  so;                                                                   
however,  there  is  something  called  fear  assault,  which                                                                   
recklessly  places   another  person  in  fear   of  imminent                                                                   
physical injury.  She deferred to the Department of Law.                                                                        
                                                                                                                                
2:17:32 PM                                                                                                                    
                                                                                                                                
JOSH FINK,  (TESTIFIED VIA TELECONFERENCE),  PUBLIC ADVOCATE,                                                                   
OFFICE  OF  PUBLIC ADVOCACY,  DEPARTMENT  OF  ADMINISTRATION,                                                                   
offered to answer questions of the Committee.                                                                                   
                                                                                                                                
Vice-Chair  Stoltze asked  if  there could  be a  prosecution                                                                   
without acquiescence  of the victim in a situation  where the                                                                   
victim recants or  does not want to press charges.   Mr. Fink                                                                   
responded that it is not uncommon  to see a victim recant and                                                                   
the State  still move forward.   Vice-Chair Stoltze  asked if                                                                   
that would count as one of the  misdemeanor convictions.  Mr.                                                                   
Fink replied it could if the State obtained a conviction.                                                                       
                                                                                                                                
2:19:52 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault asked  if in  a  case where  the wife  and                                                                   
children  were verbally  or  physically  assaulted, how  many                                                                   
misdemeanors  could  that  one  incident  total.    Mr.  Find                                                                   
understood  that it  would  be one  occasion  of conduct  and                                                                   
would be one strike.                                                                                                            
                                                                                                                                
Representative Thomas asked the  number of times Mr. Fink saw                                                                   
a recanting  domestic violence  situation.  Mr.  Fink thought                                                                   
about 15%-20% of  the assault cases recant.   There are cases                                                                   
in  which  the   person  does  not  realize   that  situation                                                                   
constitutes domestic assault.                                                                                                   
                                                                                                                                
2:22:27 PM                                                                                                                    
                                                                                                                                
PEGGY BROWN,  EXECUTIVE DIRECTOR, ALASKA NETWORK  ON DOMESTIC                                                                   
VIOLENCE AND  SEXUAL ASSAULT, noted  that the Network  is not                                                                   
in total consensus & support for  the bill.  The Network does                                                                   
support  the  intention  100%,  however,  worries  about  the                                                                   
unintended  consequences.   She  commented on  the number  of                                                                   
domestic  violence  charges that  are  actually  convictions,                                                                   
which is  a difficult number to  obtain because they  are not                                                                   
tracked in the  small communities.  These are  the areas that                                                                   
the   Network    "worries"   the   most    about   unintended                                                                   
consequences.                                                                                                                   
                                                                                                                                
Ms. Brown commented  that mandatory arrests have  created the                                                                   
need for  training resources to  help determine  the physical                                                                   
aggressor.   She maintained that the unintended  consequences                                                                   
might be severe and hoped to see them tracked.                                                                                  
                                                                                                                                
2:26:06 PM                                                                                                                    
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
2:26:37 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze asked the approximate  number of offenders                                                                   
that recant.                                                                                                                    
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY  GENERAL, LEGAL  SERVICES                                                                   
SECTION-JUNEAU,   CRIMINAL  DIVISION,   DEPARTMENT  OF   LAW,                                                                   
acknowledged  that the  Department  does  prosecute cases  in                                                                   
which  the victim  has recanted  and  the decision  to do  so                                                                   
depends on the available evidence.                                                                                              
                                                                                                                                
2:28:10 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze   addressed  the  profound   consequences                                                                   
associated with the bill.                                                                                                       
                                                                                                                                
Co-Chair Chenault reiterated his  previous query regarding an                                                                   
assault on  a family & the  number of counts charged  if more                                                                   
than one  family member was  involved.  Ms. Carpeneti  stated                                                                   
that the  bill specifies that  a conviction must be  based on                                                                   
two  or  more  convictions  &  occasions.    That  is  common                                                                   
language in three strikes legislation.                                                                                          
                                                                                                                                
Co-Chair Chenault asked if there  could be a felony charge if                                                                   
the  perpetrator assaulted  his wife  the first  day and  his                                                                   
children  the  next.    Ms.  Carpeneti  explained  that  each                                                                   
assault would  have to be a  conviction for crimes and  be on                                                                   
two or more separate occasions.                                                                                                 
                                                                                                                                
2:31:21 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Stoltze   inquired   about   the   retroactivity                                                                   
potential.  Ms. Carpeneti advised  that would be applied only                                                                   
prospectively as  there is no  formal fact-finding  for prior                                                                   
offenses at the present time.                                                                                                   
                                                                                                                                
Representative  Holmes agreed  that was  the original  intent                                                                   
application.  She offered to provide clarifying language.                                                                       
                                                                                                                                
2:32:19 PM                                                                                                                    
                                                                                                                                
Representative Thomas asked if  the perpetrator would receive                                                                   
counseling after  the first offense.  Ms.  Carpeneti referred                                                                   
that question  to Department of  Corrections, adding  that if                                                                   
they  were incarcerated  as  a result  of  a conviction,  she                                                                   
imagined that  services would be  available.  She  thought it                                                                   
would depend on the circumstances.                                                                                              
                                                                                                                                
Representative  Thomas  thought  it was  important  that  the                                                                   
perpetrator  seriously  understand   the  consequences  of  a                                                                   
felony  charge.   Ms. Carpeneti  elaborated it  would be  the                                                                   
person's  third time  through  the judicial  system and  that                                                                   
they should have had an attorney  appointed to represent them                                                                   
for the  first two  offenses.   The presumptive  range  for a                                                                   
first Class  C felony  offense is  zero to  two years.   That                                                                   
length is  not "set in stone"  for incarceration for  a first                                                                   
time offense.   There is a  mandatory minimum for  a domestic                                                                   
violence misdemeanor charge.                                                                                                    
                                                                                                                                
Representative Thomas explained  that living in a rural area,                                                                   
often, the  person does  not load  size for those  attorneys.                                                                   
Sometimes, it  is easier for the  charged person to  assume a                                                                   
guilty plea.   Representative  Thomas wanted a guarantee that                                                                   
they  receive  the  necessary   counseling.    Representative                                                                   
Holmes recommended the question  be directed to the Office of                                                                   
the  Public Defender;  the  bill could  change  the way  that                                                                   
agency  counsels  their  clients.     She  thought  that  the                                                                   
legislation could  address prevention & supported  counseling                                                                   
being factored into the defense council.                                                                                        
                                                                                                                                
Representative Thomas addressed  to the pride that comes from                                                                   
having  a job; he  worried how  high unemployment  aggravates                                                                   
problems in the rural areas.                                                                                                    
                                                                                                                                
2:36:25 PM                                                                                                                    
                                                                                                                                
Representative Joule  asked the definition of  counseling and                                                                   
the financial  obligation  that would  create for the  State.                                                                   
Representative    Holmes   addressed    comments   made    by                                                                   
Representative  Thomas  regarding counseling  and  education.                                                                   
She agreed that counseling is a separate issue.                                                                                 
                                                                                                                                
2:38:18 PM                                                                                                                    
                                                                                                                                
Representative Hawker questioned  the "factual findings" made                                                                   
in the Court  process for a  crime of domestic violence.   He                                                                   
asked if it  would be sufficient to place intent  language in                                                                   
the bill  for the  Courts.  He  indicated concern  that there                                                                   
was no fiscal  note from the Court  System.  He asked  if the                                                                   
Legislature could direct the Courts  though the use of intent                                                                   
language & uncodified law.                                                                                                      
                                                                                                                                
Ms.   Carpeneti  understood   the   bill's  intent   language                                                                   
differently.    She  believed  the  language  indicates  that                                                                   
judges  should  not  be accepting  pleas  of  guilty  without                                                                   
factual  bases.   She  pointed  out  that some  people  plead                                                                   
guilty just  to get out of jail  even if they are  not.  With                                                                   
regard  to "fact  finding", the  Department  assumes it  will                                                                   
become  an  element   of  the  defense  and   proven  without                                                                   
reasonable doubt.                                                                                                               
                                                                                                                                
In   response  to   Representative   Hawker,  Ms.   Carpeneti                                                                   
explained  that  in  changes   of  plea  proceedings,  judges                                                                   
generally  require the  prosecutor  to provide  a     factual                                                                   
basis for  the plea.  He thought  that was the intent  of the                                                                   
language.  The  concern is that there may be some  who do not                                                                   
want to wait  until the attorney makes the  contact to inform                                                                   
them of their options.                                                                                                          
                                                                                                                                
2:42:48 PM                                                                                                                    
                                                                                                                                
Representative  Hawker discussed  situations where  the State                                                                   
would not  be negotiating  a plea  but instead, conducting  a                                                                   
court  process  to  its  conclusion.   He  asked  if  it  was                                                                   
necessary  there  be  factual   findings  when  a  person  is                                                                   
convicted.   Ms. Carpeneti responded  that if the bill  is to                                                                   
pass,  the Courts  would have  to initiate  the procedure  so                                                                   
that there  would be  a definitive  factual finding  that the                                                                   
crime against the person was domestic violence.                                                                                 
                                                                                                                                
Representative Hawker  understood that it would  be incumbent                                                                   
upon the Court to adopt the policy  procedure; he asked if it                                                                   
was  derived  from  the  three   strikes  check  list.    Ms.                                                                   
Carpeneti  responded that  it  could result  from the  Courts                                                                   
looking  and  interpreting  that  language.    Representative                                                                   
Hawker pointed  out that  for the Courts  to comply  with the                                                                   
spirit  and   intent,  they  would   have  to   change  their                                                                   
procedures.  Ms. Carpeneti replied yes.                                                                                         
                                                                                                                                
2:45:20 PM                                                                                                                    
                                                                                                                                
Representative Hawker  referenced the fiscal  notes, pointing                                                                   
out that there  was no representation from  the prosecutorial                                                                   
authority.  Ms.  Carpeneti advised that a late  note had been                                                                   
submitted by  the Department of  Law.  Representative  Hawker                                                                   
apologized.                                                                                                                     
                                                                                                                                
2:46:34 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  indicated concern  with the  indeterminate                                                                   
fiscal  notes  received  from   Office  of  Public  Advocacy,                                                                   
Department  of Corrections,  &  the Public  Defender  Agency.                                                                   
The  Department of  Corrections  anticipates  between one  to                                                                   
three offenders as a result of  the legislation.  There is an                                                                   
estimated impact of  two to six beds annually.   He requested                                                                   
actual dollar  amounts included in  the notes rather  than an                                                                   
indeterminate indication.   He said  that he agreed  with the                                                                   
intent of the bill, however, worried  about the fiscal impact                                                                   
to the State.                                                                                                                   
                                                                                                                                
2:50:13 PM                                                                                                                    
                                                                                                                                
SHARLEEN  GRIFFIN,   DIRECTOR,  DIVISION  OF   ADMINISTRATIVE                                                                   
SERVICES,  DEPARTMENT  OF  CORRECTIONS,   explained  how  the                                                                   
Department  determined  that  one to  three  offenders  could                                                                   
create  the need  for  the two  to six  beds  annually.   Ms.                                                                   
Carpeneti added, it would depend  which felony the conviction                                                                   
was for  on that offender  - the first,  second or  third and                                                                   
then the severity of that crime.                                                                                                
                                                                                                                                
Ms. Griffin clarified that the  span of the costs depend upon                                                                   
the  out-of-state offender  population  and  if there  exists                                                                   
sufficient in-State  bed space.   Co-Chair Chenault  inquired                                                                   
cost differences  between  housing in  & out  of State.   Ms.                                                                   
Griffin  explained that  the  amounts in  the  note were  not                                                                   
reflective of those differences.                                                                                                
                                                                                                                                
2:52:42 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  addressed  base-costs  for  offenders                                                                   
having serious medical conditions.   Ms. Griffin acknowledged                                                                   
that costs  would skyrocket and  that there are  catastrophic                                                                   
cases, which happen every year.   The population is generally                                                                   
not healthy and the costs are unpredictable.                                                                                    
                                                                                                                                
2:53:29 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  asked if  the language  indicated on  Page 2,                                                                   
Lines 6-8,  should be  deleted since  it has been  determined                                                                   
that the legislation will be prospective.                                                                                       
                                                                                                                                
        "APPLICABILITY.  AS 11.21.100,  added  by  sec. 2  of                                                                   
     this Act, applies to offenses  committed on or after the                                                                   
     effective  date of  this  Act.   References to  previous                                                                   
     convictions include convictions  before, on or after the                                                                   
     effective date of this Act."                                                                                               
                                                                                                                                
2:54:44 PM                                                                                                                    
                                                                                                                                
Representative Holmes  assumed if the determination  was made                                                                   
that the  legislation  is only prospective,  there should  be                                                                   
changes   made  to   the   language.     Vice-Chair   Stoltze                                                                   
interjected  that  he  hoped  to  "push  the  envelope"  with                                                                   
whatever  the  Court  System   will  allow.    He  asked  the                                                                   
sponsor's intent.                                                                                                               
                                                                                                                                
Representative  Holmes noted  she  did not  have that  intent                                                                   
when the  debate began, understanding  it would  be difficult                                                                   
to  include  prior  offenses.    The  language  as  currently                                                                   
drafted, leaves  it opens to return  to prior offenses.   She                                                                   
reiterated  it  would  be  difficult.     Vice-Chair  Stoltze                                                                   
suggested it only requires a good prosecutor.                                                                                   
                                                                                                                                
2:57:02 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  stated  that  the  bill  would  be  held  in                                                                   
Committee  to review  the fiscal  notes.   Co-Chair  Chenault                                                                   
recommended that the Alaska Court System submit a note.                                                                         
                                                                                                                                
Representative  Hawker referenced  previous testimony  during                                                                   
the House  Judiciary Committee.   When  the bill passed  from                                                                   
that  Committee,  Representative  Coghill had  requested  the                                                                   
bill be amended.  He asked what those concerns had been.                                                                        
                                                                                                                                
Representative Holmes  recalled discussion  regarding whether                                                                   
the language  should be prospective  or not.   Representative                                                                   
Hawker was not surprised.                                                                                                       
                                                                                                                                
2:59:17 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault asked if a case  were plea bargained, would                                                                   
it remain a  misdemeanor.  Ms. Carpeneti replied  that if the                                                                   
person agreed  to plead guilty  & it was a  domestic violence                                                                   
offense, then it would stay a misdemeanor.                                                                                      
                                                                                                                                
Representative  Nelson  supported the  language  of the  bill                                                                   
being retroactive.  It is not  difficult to track convictions                                                                   
in domestic violence  on the Court's database.   She directed                                                                   
comments to the  impact of the fiscal note,  elaborating that                                                                   
the loss of life is a much bigger  concern & should trump the                                                                   
concern  with  dollar costs.  She  observed  that it  is  not                                                                   
appropriate  for   the  State  to  allow   misdemeanor  after                                                                   
misdemeanor  in cases  of domestic  violence.   Studies  show                                                                   
that in domestic  violence situations for  most perpetrators,                                                                   
their  actions tend  to escalate.    By the  third time  that                                                                   
there is a conviction, the path  is set.  She agreed that the                                                                   
bill has a high priority.                                                                                                       
                                                                                                                                
3:01:23 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer recalled  concerns in the attempt  to make the                                                                   
legislation retroactive.   Ms.  Carpeneti advised  that there                                                                   
are constitutional  reasons when  increasing the  penalty for                                                                   
the  conviction after  the  fact.   The  problem exists  that                                                                   
there has  not been  a formal,  factual, finding of  domestic                                                                 
violence in  cases up  to now.   To date,  there has  been no                                                                   
formal  procedure for  proving  it.   The  Department of  Law                                                                   
agrees  it  would   be  good  to  be   retroactive,  however,                                                                   
reiterated it would be difficult to prove.                                                                                      
                                                                                                                                
Co-Chair    Chenault    addressed    concerns    voiced    by                                                                   
Representative Nelson regarding  whether the State can afford                                                                   
the  costs.   He responded  that the  Legislature is  charged                                                                   
with protecting  the State's finances.   He agreed  that even                                                                   
one offense is  too many but reiterated that  the citizens of                                                                   
Alaska voted legislators  into office with the  obligation of                                                                   
law and money management.  Costs must be listed.                                                                                
                                                                                                                                
Discussion was concluded on HB 307.                                                                                             
                                                                                                                                
HB 307 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
                                                                                                                                
3:04:09 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 3                                                                                                              
                                                                                                                                
     An Act relating to issuance of identification cards and                                                                    
     to issuance of driver's licenses; and providing for an                                                                     
     effective date.                                                                                                            
                                                                                                                                
REPRESENTATIVE BOB LYNN, SPONSOR,  testified in support of HB
3.  He stated that the bill requires:                                                                                           
                                                                                                                                
   ·    An applicant for an Alaska driver's license to have                                                                     
        a legal presence in the United States (U.S.) and by                                                                     
        extension, a legal presence in the State of Alaska.                                                                     
   ·    The legislation makes a license expire when the                                                                         
        legal presence in Alaska State expires.                                                                                 
                                                                                                                                
Representative Lynn  pointed out that HB 3  offers safeguards                                                                   
that will insure  that Alaska license or  identification (ID)                                                                   
card holders are  who they say they are.  He  emphasized that                                                                   
the  bill  is not  the  Federal  Real  ID  Act.   The  Alaska                                                                   
Division of  Motor Vehicles (DMV)  has the statutory  mandate                                                                   
to determine if  an applicant has the necessary  documents to                                                                   
receive a license.   He urged the Committee's  support of the                                                                   
bill.                                                                                                                           
                                                                                                                                
3:08:34 PM                                                                                                                    
                                                                                                                                
DUANE BANNOCK, SELF, spoke in  favor of HB 3.  He claimed the                                                                   
bill  is about  the Alaska  Statutes  mandating that  illegal                                                                   
aliens are not  allowed to obtain or have an  Alaska driver's                                                                   
license or  identification card  (ID).  It  is not  about the                                                                   
national  databases,  tracking   chips,  a  gun  registry  or                                                                   
constitutional rights protecting  free travel or privacy.  He                                                                   
stated  that through  the  drafting and  committee  hearings,                                                                   
there has  been meaningful discussion  on good  public policy                                                                   
of the proposed legislation.                                                                                                    
                                                                                                                                
3:11:32 PM                                                                                                                    
                                                                                                                                
Representative Hawker requested  Mr. Bannock's qualifications                                                                   
for the record.   Mr. Bannock explained he  had testified for                                                                   
himself; however, indicated he  had served as the Director of                                                                   
the  Division  of Motor  Vehicles  from 2003-2007.    Through                                                                   
various  versions, the  bill  has been  a  piece of  priority                                                                   
legislation and the Senate companion bill passed in 2006.                                                                       
                                                                                                                                
Co-Chair Meyer  wondered if the  bill as written  would bring                                                                   
Alaska   into  compliance   with   provisions  and   security                                                                   
requirements  of  the  Federal  Real  ID Act.    Mr.  Bannock                                                                   
responded that is  partially true, noting that  last year, he                                                                   
had testified in the House Judiciary  Committee on that point                                                                   
& as  defined under the  Real ID Act,  legal presence  is the                                                                   
tenant  of real  identification.   HB 3  is drafted  to be  a                                                                   
legal  presence bill;  however, the  "grandfather" clause  is                                                                   
missing  from the  proposed bill.   Under  HB 3,  there is  a                                                                   
presumptive clause  in which the  person is presumed  to have                                                                   
met  the test  if  they  currently  have an  Alaska  driver's                                                                   
license and that is not consistent  with federal regulations,                                                                   
mandating  every driver's  license  be renewed.    When HB  3                                                                   
becomes law,  for Alaska to  become fully Real  ID compliant,                                                                   
the measure  will require  another legislative visitation  to                                                                   
the statute.                                                                                                                    
                                                                                                                                
3:15:28 PM                                                                                                                    
                                                                                                                                
MATTHEW KERR, SELF, testified  against HB 3.  He acknowledged                                                                   
that although the  bill does not fulfill 100%  of the Federal                                                                   
Real  ID  Act,  the  bill's  language  is  very  close.    He                                                                   
acknowledged that most Alaskans  probably support the illegal                                                                   
presence requirements, however, oppose the Real ID Act.                                                                         
                                                                                                                                
Mr.  Kerr pointed  out  that Alaska  already  has an  illegal                                                                   
presence requirement  in regulation.   The net result  of the                                                                   
bill allows the State to implement  the Real ID Act, which is                                                                   
why he opposes the bill.                                                                                                        
                                                                                                                                
Mr. Kerr  continued, as  the bill is  written, it  will cause                                                                   
potential  problems   for  those  people  that   are  legally                                                                   
residing here and  have little  affect on those that are not.                                                                   
Illegal  residents  will  not   be  deterred  by  a  driver's                                                                   
license.   If the  bill is intended  to pass, he  recommended                                                                   
changes to be made to preserve the intent.                                                                                      
                                                                                                                                
   ·    It is possible to copy the existing legal presence                                                                      
        regulation into statute, which would require a legal                                                                    
        presence with no Real ID issues and costing nothing.                                                                    
   ·    It is possible to be legally present in the United                                                                      
        States without  being  in possession  of  documentary                                                                   
        evidence.     The  U.S. Immigration  Service  is  not                                                                   
        known   for   efficiency,   good   communication   or                                                                   
        expedience.   He  proposed  that  a grace  period  be                                                                   
        added to the bill.                                                                                                      
   ·    It is important to clarify that the license expires                                                                     
        on the end of someone's legal status or on the                                                                          
        expiration date of their visa, whichever is later.                                                                      
        Visa validity and legal status are different terms                                                                      
        under Immigration Law.                                                                                                  
   ·    Those citizens from certain countries that qualify                                                                      
        to enter the country under the federal visa waiver                                                                      
        program, should be exempt from the regulations.                                                                         
                                                                                                                                
Mr. Kerr concluded that even though  the bill is not the Real                                                                   
ID Act, the only required statute  change needed could permit                                                                   
the Real  ID Act to be implemented.   He reiterated  there is                                                                   
already  a legal  presence  requirement  in regulation.    He                                                                   
added there are  necessary changes needing to be  made in the                                                                   
bill to prevent  causing trouble for people  that are legally                                                                   
present.                                                                                                                        
                                                                                                                                
3:20:23 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer asked about Mr.  Kerr's comments regarding the                                                                   
ability  to  accomplish  the   legislation's  intent  through                                                                   
regulations.  Mr. Kerr pointed  out, there is an existing DMV                                                                   
regulation  that requires  someone applying  for an  original                                                                   
license, have legal  presence in the United States.   That is                                                                   
current existing practice.                                                                                                      
                                                                                                                                
Co-Chair  Meyer  asked  if someone  applied  for  a  driver's                                                                   
license and had only a one year  visa, would their license be                                                                   
good for the full five years.   Mr. Kerr explained that there                                                                   
is a difference  between the visa  and a legal presence.   If                                                                   
they have a one  year visa with a 30-day entry  period, under                                                                   
HB  3,  their  license  would  be  valid  for  30-days.    He                                                                   
recommended language  be clarified if the bill  were to pass,                                                                   
the  expiration  date  be  set  to either  the  visa  or  the                                                                   
expiration date, whichever is greater.                                                                                          
                                                                                                                                
Co-Chair Chenault  asked why a  person would have a  one year                                                                   
visa  when  they have  only  a  30-day  limit  to be  in  the                                                                   
country.    Mr.   Kerr  explained  that  a   visa  under  the                                                                   
Immigration Law provides permission to enter the U.S.                                                                           
                                                                                                                                
Co-Chair  Chenault  inquired why  immigration  service  would                                                                   
allow someone  to come into  the country  on the last  day of                                                                   
their visa  and then  provide them a  30-day extension.   Mr.                                                                   
Kerr clarified that would not  be an extension.  He explained                                                                   
that foreign  students typically  receive a  visa for  one or                                                                   
two  years, although  they are  permitted to  stay until  the                                                                   
completion of  their four year  program.  Under  U.S. Federal                                                                   
law, the  visa document  is permission to  apply to  the U.S.                                                                   
The  actual date  of  the legal  presence  is  decided by  an                                                                   
immigration officer at the port of entry.                                                                                       
                                                                                                                                
3:23:44 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault asked  how it  would be  addressed when  a                                                                   
student comes  to U.S. for  four years  and they only  have a                                                                   
two year visa.  Mr. Kerr replied  that would not be the case.                                                                   
The  document  that  establishes  the  legal  presence  as  a                                                                   
foreign student is granted by  the university [I-20 form] and                                                                   
as long  as the student  remains enrolled at  the university,                                                                   
they are  permitted  to stay in  the U.S.  without a  current                                                                   
visa, although if the student  departs from the country, then                                                                   
they  would have  to reapply  for a  new visa  to be able  to                                                                   
return.                                                                                                                         
                                                                                                                                
3:25:04 PM                                                                                                                    
                                                                                                                                
LISA  DONNELLEY, (TESTIFIED  VIA  TELECONFERENCE),  ATTORNEY,                                                                   
ANCHORAGE, spoke in  opposition to HB 3.  She  noted that she                                                                   
is an immigration attorney in  Anchorage.  She commented that                                                                   
many of her clients are businesses  in Anchorage that sponsor                                                                   
foreign workers but indicated  that she was not testifying on                                                                   
behalf of  those clients.   She echoed  comments made  by Mr.                                                                   
Kerr.                                                                                                                           
                                                                                                                                
Ms. Donnelley  explained  the difference  between a visa  and                                                                   
legal status.   A visa is a document that allows  a person to                                                                   
make an  application for  admission into  the United  States.                                                                   
Once at  the port of entry,  the U.S. Department  of Homeland                                                                   
Security determines  how long a person is allowed  to stay in                                                                   
the country.   Upon expiration of the status,  the person may                                                                   
apply for an  extension, which could take up  to seven months                                                                   
to receive.   During  that waiting time,  the person  may not                                                                   
have any documents  to verify that they have  legal status in                                                                   
this country.   In  many cases,  it is  the employer  that is                                                                   
filing  the   document  of  application   of  status.     She                                                                   
emphasized  that the  bill could  have an  adverse effect  on                                                                   
legal  immigrants  and employers.    She advised  the  bill's                                                                   
verbiage is imprecise and ambiguous  when it refers to visas.                                                                   
Visas are not an indicator of legal status.                                                                                     
                                                                                                                                
Ms. Donnelley  pointed out  that the bill  fails to  list all                                                                   
the classes  of aliens  who should  be entitled  to obtain  a                                                                   
drivers license.   She mentioned  "withholding of  removal" ,                                                                   
granted by an  immigration judge to someone who  is likely to                                                                   
be  persecuted if  returned  to their  home  country.   These                                                                   
people are  not included in the  list.  They are  entitled to                                                                   
indefinitely reside in the U.S.                                                                                                 
                                                                                                                                
Co-Chair Chenault asked if he  understood correctly that U.S.                                                                   
Department  of Homeland  Security determines  who is  legally                                                                   
able to enter the U.S.  Ms. Donnelly said yes.                                                                                  
                                                                                                                                
Co-Chair Chenault asked about  the I-20 forms.  Ms. Donnelley                                                                   
explained  that  an I-20  form  is  the  form issued  by  the                                                                   
university to  the foreign student.  Co-Chair  Chenault asked                                                                   
if at the point that the I-20  form is completed and approved                                                                   
by the university, would the university  control how long the                                                                   
visa lasts rather  than the Department of  Homeland Security.                                                                   
Ms. Donnelly  responded,  it is more  complicated than  that.                                                                   
The I-20  form is  issued by  the university  and allows  the                                                                   
student to  apply for  the visa.   Once the student  receives                                                                   
the visa,  they can then  apply for admission  into U.S.   At                                                                   
that point,  the Department of  Homeland Security  will admit                                                                   
them into the U.S. for usually,  the duration of that status.                                                                   
The I-20 form normally stipulates  the length of the program,                                                                   
providing a 60-day grace period.                                                                                                
                                                                                                                                
3:30:17 PM                                                                                                                    
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
KEVIN    BROOKS,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                   
ADMINISTRATION,  stated the Administration  is supportive  of                                                                   
efforts  to  pass  HB  3.   He  noted  it  provides  DMV  the                                                                   
flexibility  to  issue a  driver's  license with  a  flexible                                                                   
termination date.  He added that  the regulations attached to                                                                   
the  Real  ID  Act  as issued  in  January  2008,  carries  a                                                                   
component for a  legal presence.  The bill in  and of itself,                                                                   
does not make the  State compliant with the Real  ID Act.  He                                                                   
noted  that the  Department has  submitted a  request for  an                                                                   
extension  and received  approval  of that  through  December                                                                   
  st                                                                                                                            
31,  2009, as it relates to the  entirety of the Federal Real                                                                   
ID Act.                                                                                                                         
                                                                                                                                
Co-Chair  Meyer asked  if that  was the target  date for  the                                                                   
State to be in compliance with  the Act.  Mr. Brooks imagined                                                                   
that there  could be  another opportunity  for an  extension,                                                                   
however, to obtain  a second extension, the  State would have                                                                   
to  be in  substantial compliance  and  working toward  final                                                                   
compliance.                                                                                                                     
                                                                                                                                
Co-Chair  Meyer  asked  if  the  bill  places  the  State  in                                                                   
compliance.  Mr. Brooks responded  that the legislation makes                                                                   
sense and  that it  had been  offered in  2003, prior  to the                                                                   
Real ID Act of 2005.                                                                                                            
                                                                                                                                
3:33:49 PM                                                                                                                    
                                                                                                                                
HB 3 was HELD in Committee for further consideration.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:33 P.M.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects