Legislature(2007 - 2008)HOUSE FINANCE 519

04/08/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 2:00 pm today --
+ SB 243 COMMISSION ON AGING TELECONFERENCED
<Bill Hearing Postponed to 4/9/08 @ 8:30>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 265 SEX OFFENDERS & CHILD KIDNAPPERS: PFD TELECONFERENCED
Moved HCS CSSB 265(FIN) Out of Committee
<Bill Hearing Rescheduled from 04/07/08>
+= SB 202 PROHIBIT STATE SPENDING FOR REAL ID ACT TELECONFERENCED
Moved HCS CSSB 202(STA) Out of Committee
+= SB 119 SCHOOL LIBRARY GRANTS TELECONFERENCED
<Bill Hearing Postponed>
+= SB 259 EFFECTIVE DATE: MEDICAL ASSISTANCE LAWS TELECONFERENCED
<Bill Hearing Postponed to 4/10/08@ 8:30>
+= SB 254 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM TELECONFERENCED
Moved HCS SB 254(FIN) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 8, 2008                                                                                            
                         2:27 P.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House  Finance Committee meeting to                                                                   
order at 2:27:07 PM.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Richard Foster                                                                                                   
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Mary Nelson                                                                                                      
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Paul   Seaton;  Representative   Jay  Ramras;                                                                   
Representative    Ralph    Samuels;    Representative    Anna                                                                   
Fairclough;  Representative   Max  Gruenberg;   Senator  Bill                                                                   
Wielechowski;   Senator   Leslie   McGuire;   Governor   Bill                                                                   
Sheffield;  Frank Homan,  Commissioner, Commercial  Fisheries                                                                   
Entry   Commission,   Juneau;   John   Hilsinger,   Director,                                                                   
Commercial Fisheries  Division, Department of Fish  and Game;                                                                   
George  Ascott,   Staff,  Senator  Bill   Wielechowski;  Bill                                                                   
Scannell;  Mathew Kerr;  Kevin  Brooks, Deputy  Commissioner,                                                                   
Department  of  Administration;   Anne  Carpeneti,  Assistant                                                                   
Attorney  General,  Legal Services  Section-Juneau,  Criminal                                                                   
Division,  Department   of  Law;  Lauren   Rice,  Legislative                                                                   
Liaison,  Department  of  Public  Safety;  Richard  Svobodny,                                                                   
Deputy  Attorney General,  Criminal  Division, Department  of                                                                   
Law;  Doug Wooliver,  Administrative  Attorney, Alaska  Court                                                                   
System; Dwayne  Peeples, Deputy  Commissioner, Department  of                                                                   
Corrections                                                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
John  Brading,  Fairbanks;  Frank  Turney,  Fairbanks;  David                                                                   
Sapp,  Fairbanks;  Larry  Smith,  North  Pole;  Paul  Nelson,                                                                   
Haines; Shaeffer Cox, Fairbanks;  Whitney Brewster, Director,                                                                   
Division  of Motor  Vehicles,  Department of  Administration;                                                                   
Krista  Stearns, Assistant  Attorney  General, Department  of                                                                   
Law,  Anchorage;   Kathryn  Monfreda,   Criminal  Records   &                                                                   
Identification   Bureau,   Department   of   Public   Safety,                                                                   
Anchorage;   Blair   McCune,   Criminal   Defense   Attorney,                                                                   
Anchorage;  Lieutenant Rodney  Dial,  Alaska State  Troopers,                                                                   
Department of Public Safety                                                                                                     
                                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HCS SB 202(STA)                                                                                                                 
          An  Act relating to  expenditures in  aid of  or to                                                                   
          implement  the provisions  of the  federal Real  ID                                                                   
          Act.                                                                                                                  
                                                                                                                                
          HCS SB 202(STA) was  reported out of Committee with                                                                   
          a "do pass" recommendation  and with zero note 1 by                                                                   
          the Department of Administration.                                                                                     
                                                                                                                                
CS SB 119(RLS)                                                                                                                  
          An  Act  relating  to  grant  programs  to  support                                                                   
          libraries.                                                                                                            
                                                                                                                                
          CS SB 119(RLS) was POSTPONED.                                                                                         
                                                                                                                                
CS SB 243(HES)                                                                                                                  
          An  Act relating to  the duties  and powers  of the                                                                   
          Alaska  Commission on Aging  and the Department  of                                                                   
          Health and Social Services.                                                                                           
                                                                                                                                
          CS SB 243(HES) was POSTPONED.                                                                                         
                                                                                                                                
SB 254    An  Act  extending  the  termination  date  of  the                                                                   
          Alaska  regional economic  assistance program;  and                                                                   
          providing for an effective date.                                                                                      
                                                                                                                                
          HCS SB 254 (FIN) was reported out of Committee                                                                        
          with a  "do pass" recommendation and  with new zero                                                                   
          note by  the Commercial Fisheries  Entry Commission                                                                   
          and  fiscal notes  #1  & #2  by  the Department  of                                                                   
          Commerce, Community and Economic Development.                                                                         
                                                                                                                                
SB 259    An  Act repealing  certain  provisions relating  to                                                                   
          applications   for  medical  assistance   coverage;                                                                   
          making  certain  provisions of  ch.  96, SLA  2006,                                                                   
          retroactive;  providing  for an  effective date  by                                                                   
          repealing an effective  date section in ch. 96, SLA                                                                   
          2006; providing  for an effective date  for certain                                                                   
          sections of ch. 96,  SLA 2006; and providing for an                                                                   
          effective date.                                                                                                       
                                                                                                                                
          SB 259 was POSTPONED.                                                                                                 
                                                                                                                                
CS SB 265(FIN)                                                                                                                  
          An Act  relating to  the payment of  permanent fund                                                                   
          dividends   to  certain  individuals   required  to                                                                   
          register  as  sex offenders  or  child  kidnappers;                                                                   
          relating   to   execution   upon   permanent   fund                                                                   
          dividends   by  civilian   process  servers   using                                                                   
          electronic  procedures;  amending  Rule 89,  Alaska                                                                   
          Rules  of Civil  Procedure;  and  providing for  an                                                                   
          effective date.                                                                                                       
                                                                                                                                
          HCS CS  SB 265(FIN)  was reported out  of Committee                                                                   
          with  a "do  pass" recommendation  and  with 2  new                                                                   
          zero notes  by the Department of Health  and Social                                                                   
          Services,  a new fiscal  note by the  Department of                                                                   
          Public   Safety,  Department  of   Corrections  and                                                                   
          Department   of  Law,   fiscal  note   #2  by   the                                                                   
          Department  of Public Safety,  zero note #5  by the                                                                   
          Department of Administration  and fiscal note #6 by                                                                   
          the Department of Revenue.                                                                                            
                                                                                                                                
2:28:11 PM                                                                                                                    
SENATE BILL NO. 254                                                                                                           
                                                                                                                                
     An Act extending the termination date of the Alaska                                                                        
     regional economic assistance program; and providing for                                                                    
     an effective date.                                                                                                         
                                                                                                                                
REPRESENTATIVE  PAUL  SEATON,  SPONSOR,  explained  that  the                                                                   
committee substitute  for SB 254 contains the  entire purpose                                                                   
of HB 16, extension of the vessel  base fishing limited entry                                                                   
system.                                                                                                                         
                                                                                                                                
      HOUSE BILL NO. 16                                                                                                       
      "An  Act  providing  for  an  effective  date  by                                                                         
      delaying  the effective  date  of  repeal of  the                                                                         
      authority  of  the  Commercial   Fisheries  Entry                                                                         
      Commission    to   maintain   the    vessel-based                                                                         
      commercial  fisheries limited  entry systems  for                                                                         
      the Bering  Sea Korean hair crab  and weathervane                                                                         
      scallop  fisheries,  and  the effective  date  of                                                                         
      conforming  amendments related  to the repeal  of                                                                         
      those systems."                                                                                                           
                                                                                                                                
HB  16 did  not languish  in Committee.    It was  introduced                                                                   
early  with   extensive  hearings   last  year.     Following                                                                   
discussions  with   the  Department   of  Fish  and   Game  &                                                                   
Commercial Fisheries  Entry Commission  (CFEC).  He  hoped to                                                                   
see  seamless  management tools  in  place for  managing  the                                                                   
coast of Alaska  State waters.  He wanted to  see regulations                                                                   
in place.                                                                                                                       
                                                                                                                                
Senator Seaton pointed out the  inclusion of two fisheries in                                                                   
the  work draft.   When  it was  adopted in  2002, there  was                                                                   
significant   statewide   testimony   regarding   anticipated                                                                   
problems  including  "super  consolidation.   The  hair  crab                                                                   
fishery  was closed two  years before  the temporary  limited                                                                   
entry permits  were granted.   There is no hair  crab fishery                                                                   
anticipated for the next three years.                                                                                           
                                                                                                                                
He  referenced  the scallop  fishery  permits  that had  been                                                                   
issued.  Currently,  there are only three boats  that harvest                                                                   
100%  of the  scallops  in  Alaska.   There  is  a tax  issue                                                                   
because  the  fishery  has  been  consolidated  too  far  and                                                                   
information  is not available.   There  are only two  Alaskan                                                                   
boats  participating  in  that  fishery.    Both  boats  have                                                                   
testified  that they  would like  to see  the license  period                                                                   
extended to  five years.  There  is a sunset included  in the                                                                   
bill.  In the current plan, the  ownership goes to the vessel                                                                   
owner and is the same system used  by the federal government.                                                                   
The  program  would  not  terminate  the  70%  fisheries  now                                                                   
occurring  in  federal waters.    The federal  water  limited                                                                   
entry system will remain in place.                                                                                              
                                                                                                                                
Representative  Seaton reviewed the  temporary nature  of the                                                                   
permits.    He addressed  how  well  the program  worked  for                                                                   
Alaska.  He maintained  that there needs to be  a policy call                                                                   
on that fishery.                                                                                                                
                                                                                                                                
2:34:40 PM                                                                                                                    
                                                                                                                                
Representative Seaton  continued, nothing in  the legislation                                                                   
prevents the  system from being  in place in  federal waters.                                                                   
The State  recognizes that  individual participants  gain the                                                                   
rights and  that it can be  transferred, but no one  else can                                                                   
enter the fishery.                                                                                                              
                                                                                                                                
He maintained that there is ample  time to go back and create                                                                   
a limited  entry program  based on  the proposed  deliveries.                                                                   
Historically,   the   Alaska   fishery   attempts   to   have                                                                   
participants, however,  at this time,  it is in the  hands of                                                                   
only three.   Those provisions have prevented  many fishermen                                                                   
from participating on an economic scale.                                                                                        
                                                                                                                                
Representative   Seaton   emphasized   that   the   Community                                                                   
Development  Quota  (CDQ)  is  an  excellent  program.    The                                                                   
language  of  the  bill  would  not  prevent  it  but  rather                                                                   
proposes monitoring a statewide  program, maintaining fishing                                                                   
permits.                                                                                                                        
                                                                                                                                
Representative  Seaton stated that  there is no  conservation                                                                   
issue  attached to  the  fisheries, which  is  driven by  the                                                                   
economics of participation.                                                                                                     
                                                                                                                                
2:39:33 PM                                                                                                                    
                                                                                                                                
Representative   Thomas  asked   about  the  statewide   boat                                                                   
displacement.   Representative Seaton explained,  there is no                                                                   
way to  legally indicate  that it  is an  Alaskan boat.   The                                                                   
program displaces  those boats so they do not  have access to                                                                   
the fishery.   He  reiterated, there  are only three  fishing                                                                   
vessels in the entire fishery.                                                                                                  
                                                                                                                                
Representative  Thomas  was concerned  and  asked if  limited                                                                   
entry was  eliminated, how  the fleets  would access  an open                                                                   
fishery.  Representative  Seaton explained that  the question                                                                   
is not whether the vessels could  be excluded from Alaska but                                                                   
rather that  they are receiving  dollars from  Alaska without                                                                   
coming to the  State.  He maintained that the  program should                                                                   
go away.                                                                                                                        
                                                                                                                                
2:44:00 PM                                                                                                                    
                                                                                                                                
Representative   Nelson  asked   if  the   concern  is   with                                                                   
shareholders not  fishing the vessel, yet  receiving benefits                                                                   
from  the  resource.   Representative  Seaton  indicated  his                                                                   
concern with  people who do  not participate in  the fishery,                                                                   
but actually  "own" the fishery.   He added that  the program                                                                   
has constricted jobs  available to Alaskans and  that jobs in                                                                   
the fishing industry  are removed through the  program, which                                                                   
means a loss of jobs and opportunities to coastal Alaska.                                                                       
                                                                                                                                
2:45:27 PM                                                                                                                    
                                                                                                                                
Representative  Nelson  elaborated that  the  vessels are  so                                                                   
large that no one  in her village can actually  afford to own                                                                   
one.   Representative Seaton pointed  out that some  are only                                                                   
75 feet and  that the fishery does  not have to be  in a huge                                                                   
vessel.  Historically, there have  been smaller boats used in                                                                   
coastal towns.  The consolidation  included a vessel 123 feet                                                                   
long.   He recognized that  some coastal villages  do receive                                                                   
small checks  because a larger  vessel is distributing  those                                                                   
funds.   He  reiterated  that  the  bill only  addresses  the                                                                   
scallop fishery, which fishes three miles within the coast.                                                                     
                                                                                                                                
2:48:18 PM                                                                                                                    
                                                                                                                                
Representative Thomas  mentioned halibut fishing  outside the                                                                   
coast of  Alaska.   He asked why  there are complaints  being                                                                   
voiced  now,   after  so  many  years  of   being  displaced.                                                                   
Representative  Seaton explained  that  the personal  limited                                                                   
entry system in  Alaska is not consolidated  and remains with                                                                   
that person,  which does  not guarantee  that Alaskan  people                                                                   
are actually participating in the fishery.                                                                                      
                                                                                                                                
Representative  Thomas  commented  on  the  medical  transfer                                                                   
permit    restrictions    allowed    every    three    years.                                                                   
Representative  Seaton  spoke  to  the  illegal  practice  of                                                                   
leasing  a   permit,  noting   the  exceptions  for   medical                                                                   
emergencies  limited  to  a  specific  length of  time.    He                                                                   
worried about one boat harvesting the entire fishery.                                                                           
                                                                                                                                
2:57:22 PM                                                                                                                    
                                                                                                                                
Representative  Kelly summarized that  the bill outlines  two                                                                   
issues.   One related  to procedure  and the other  regarding                                                                   
the merits  of the  issue.  He  inquired which committee  the                                                                   
bill  should  have  been  assigned  to  after  the  Fisheries                                                                   
Committee.                                                                                                                      
                                                                                                                                
Vice-Chair  Stoltze understood  that it  should have  gone to                                                                   
the House Resources Committee.   Representative Kelly thought                                                                   
that forwarding the bill to the  House  Finance Committee was                                                                   
a  "clear  violation  of  the  rules".    He  disagreed  with                                                                   
incorporating it  into an unrelated  bill and the  process it                                                                   
had followed.                                                                                                                   
                                                                                                                                
Co-Chair  Meyer  acknowledged that  was  a correct  recap  of                                                                   
Speaker Harris' position & what happened.                                                                                       
                                                                                                                                
3:00:54 PM                                                                                                                    
                                                                                                                                
Representative  Kelly asked to  take public testimony  on the                                                                   
issue.   The sunset  is being  requested to  be changed  from                                                                   
five to ten years.   He reiterated that the  issue needs more                                                                   
attention and that he does not  support the proposed ten year                                                                   
sunset.                                                                                                                         
                                                                                                                                
3:02:06 PM                                                                                                                    
                                                                                                                                
Representative  Gara  interjected that  consideration  should                                                                   
have  gone  through  the  public  issue  and  not  have  been                                                                   
determined  in the  Majority Caucus.    He was  uncomfortable                                                                   
with the process,  maintaining that anything  of merit should                                                                   
always be debated and that the  committee process provides an                                                                   
opportunity to hear and deliberate issues.                                                                                      
                                                                                                                                
Representative  Gara acknowledged he  was confused  about the                                                                   
issue.   He was sympathetic for  a piece of the  State, which                                                                   
does not have a  vibrant economy, yet has an  interest in the                                                                   
fishery.  He  agreed that the power of the  Alaskan fisheries                                                                   
should not  be consolidated  by huge  outside companies.   He                                                                   
acknowledged it is not a black and white issue.                                                                                 
                                                                                                                                
If  the sunset  was not  extended,  the Commercial  Fisheries                                                                   
Entry Commission (CFEC) would  have to determine who receives                                                                   
the vessel  permits.   If the  sunset went  into effect,  the                                                                   
State would  then have to determine  who gets the  permits to                                                                   
protect  the resource.    He  asked if  there  was  a way  to                                                                   
determine permits distributed  statewide and continue to have                                                                   
an interest in them given a preference.                                                                                         
                                                                                                                                
3:06:21 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  commented that  if  the issue  is  important                                                                   
enough,   it    will   surface   for   a    public   hearing.                                                                   
Representative  Seaton  interjected that  the  bill has  been                                                                   
heard and given multiple hearings over the past two years.                                                                      
                                                                                                                                
Representative  Gara questioned the  effect of the  sunset on                                                                   
the vessel permitting.                                                                                                          
                                                                                                                                
3:08:58 PM                                                                                                                    
                                                                                                                                
FRANK   HOMAN,  COMMISSIONER,   COMMERCIAL  FISHERIES   ENTRY                                                                   
COMMISSION (CFEC),  JUNEAU, responded that CFEC  would not be                                                                   
able to  do anything if  that happened.   There is no  way to                                                                   
take  the vessel  license program  to  an individual  license                                                                   
program.   There is no way to  go backward except to  go "way                                                                   
back  in time"  in the last  ten to  fifteen years.   In  the                                                                   
last five  years, since the  vessel license program  has been                                                                   
in  effect,  the fishery  has  been  limited to  the  vessels                                                                   
participating.   To  establish  a limited  entry system,  the                                                                   
law  clarifies   the  need  to   look  back  to   four  years                                                                   
experience and then  choose from those participants.   At the                                                                   
end of 2008,  there is no  population to draw on,  except the                                                                   
vessel participating.                                                                                                           
                                                                                                                                
The  traditional  method  determines   that  those  fishermen                                                                   
recently fishing get  the most points.  Mr.  Homan added that                                                                   
in 2002,  when the Legislature  allowed the system  for these                                                                   
two fisheries,  it had been studied  for five years  prior at                                                                   
the Department  of Fish and  Game, attempting to  determine a                                                                   
way to use  the individual permitting system  that identified                                                                   
the conservation  of the  fishery.  There  could be  too many                                                                   
fisherman  eligible to  apply  and the  resource is  fragile.                                                                   
The idea  was presented to  the Legislature, who  debated and                                                                   
studied it.   The  Legislature allowed  the exception  to the                                                                   
general  rule.  He  clarified that  there is  no way  at this                                                                   
time to prevent non residents from participating.                                                                               
                                                                                                                                
3:14:00 PM                                                                                                                    
                                                                                                                                
JOHN  HILSINGER,  DIRECTOR,  COMMERCIAL  FISHERIES  DIVISION,                                                                   
DEPARTMENT  OF FISH  AND GAME,  advised  that the  Department                                                                   
supports the  limited base entry  system because  it provides                                                                   
for conservation  of the  resource.  If  it is determined  to                                                                   
return to  the entry system,  the Department has  developed a                                                                   
management plan  that will  work if there  is not  much entry                                                                   
into the fishery.   It is unknown how many  people would come                                                                   
into that fishery  if it was open entry.  He  reiterated that                                                                   
the  Department  is  attempting  to  develop  a  plan,  which                                                                   
provides the necessary conservation of the resource.                                                                            
                                                                                                                                
The Division  will  need to divide  the scallop  beds into  a                                                                   
State  and federal  waters portion  and  manage each  section                                                                   
separately.  The  boats would have to register.   The vessels                                                                   
would loose  flexibility where  they could  fish.   There are                                                                   
many questions  regarding how  the system  would work  in the                                                                   
open entry system.                                                                                                              
                                                                                                                                
Mr.   Hilsinger   noted   that   fishery   is   a   voluntary                                                                   
cooperative.    The  economics   of  the  fishery  is  small,                                                                   
harvesting approximately  ½ million  pounds of scallops.   He                                                                   
noted  that there  is 100%  observer coverage  except in  the                                                                   
Cook Inlet.   He added that most  of the scallop beds  are in                                                                   
federal  waters;  there  are  only  three  that  cross  over.                                                                   
There are  only three places where  a State water  boat could                                                                   
fish.                                                                                                                           
                                                                                                                                
3:18:58 PM                                                                                                                    
                                                                                                                                
Mr. Hilsinger  commented that  if there are regulations  that                                                                   
are  too restrictive,  the  fishery could  become  uneconomic                                                                   
for everyone.   That is not the intent of the  Division.  The                                                                   
intent  is  not  to have  different  regulations  inside  and                                                                   
outside  the   three  mile   limit  because  of   enforcement                                                                   
difficulties.  He  offered to answer additional  questions of                                                                   
the Committee.                                                                                                                  
                                                                                                                                
3:19:39 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze asked  if  the Department  had  initiated                                                                   
the  discussion   regarding  emergency   regulations.     Mr.                                                                   
Hilsinger  replied that  the preference  was to maintain  the                                                                   
vessel base limited entry system.                                                                                               
                                                                                                                                
3:20:38 PM                                                                                                                    
                                                                                                                                
Representative Hawker  asked if the Limited  Entry Commission                                                                   
and  Commercial  Fisheries  Division   support  the  language                                                                   
proposed  in the bill.   Mr.  Homan stated  that the  Limited                                                                   
Entry  Commission  does.    Mr.   Hilsinger  added  that  the                                                                   
Commercial Fisheries  Division, Department of Fish  and Game,                                                                   
also does.                                                                                                                      
                                                                                                                                
Representative  Hawker inquired  about the  term position  of                                                                   
each  agency.     Mr.  Homan  responded  that   the  original                                                                   
intention  for the  agency  was to  make  the vessel  license                                                                   
permanent  for  the  two fisheries.    Mr.  Hilsinger  echoed                                                                   
comments made by Mr. Homan.                                                                                                     
                                                                                                                                
Mr. Homan  addressed consolidation  issues.   He stated  that                                                                   
in 2002, the  Legislature wrote into law [AS  16.42.450] that                                                                   
CFDC  would  establish regulations  to  avoid  consolidation;                                                                   
that has  been accomplished.   The cooperative nature  of the                                                                   
fishery is a result of that mandated legislation.                                                                               
                                                                                                                                
3:23:17 PM                                                                                                                    
                                                                                                                                
Representative   Kelly   interjected    previous   discussion                                                                   
regarding  a way  to  determine  bill management,  which  the                                                                   
public  can understand.   He  did  not intend  to change  his                                                                   
position on the legislation.                                                                                                    
                                                                                                                                
3:26:43 PM                                                                                                                    
                                                                                                                                
Representative  Hawker MOVED  to ADOPT  Amendment 2,  Page 1,                                                                   
Line 3, after "system", inserting  "for the Bering Sea Korean                                                                   
hair  crab and  weathervane scallop  fisheries".   Vice-Chair                                                                   
Stoltze OBJECTED.                                                                                                               
                                                                                                                                
Representative Hawker  explained that the  amendment provides                                                                   
"title  tightening".     Vice-Chair   Stoltze  WITHDREW   his                                                                   
OBJECTION.    There  being  NO   further  OBJECTION,  it  was                                                                   
adopted.                                                                                                                        
                                                                                                                                
3:27:39 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  REPORT HCS SB 254(FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS SB  254 (FIN) was  reported out of  Committee with  a "do                                                                   
pass"  recommendation   and  with   new  zero  note   by  the                                                                   
Commercial Fisheries  Entry Commission and fiscal  notes #1 &                                                                   
#2  by the  Department of  Commerce,  Community and  Economic                                                                   
Development.                                                                                                                    
                                                                                                                                
                                                                                                                                
AT EASE:       3:29:11 PM                                                                                                     
RECONVENE:     3:33:46 PM                                                                                                     
                                                                                                                                
SENATE BILL NO. 202                                                                                                           
                                                                                                                                
     An Act relating to expenditures in aid of or to                                                                            
     implement the provisions of the federal Real ID Act.                                                                       
                                                                                                                                
SENATOR  BILL WIELECHOWSKI,  SPONSOR,  introduced  SB 202,  a                                                                   
bill  against the  federal mandate  which  creates the  first                                                                   
national  Identification  (ID)   Card.    He  commented  that                                                                   
passage of  that bill  is cause for  alarm since  the federal                                                                   
government  is  attempting  to  interfere  with  the  State's                                                                   
sovereignty  and force  the State  to  implement the  program                                                                   
through  state-issued  driver's   licenses.    SB  202  would                                                                   
prohibit the  use of  State money  to implement the  program.                                                                   
Many people  are concerned  that the  technology required  by                                                                   
the  Real  ID   Act  would  convert  driver's   licenses  and                                                                   
identification   cards   into  tracking   devices,   allowing                                                                   
computers   to   note  and   record   people's   whereabouts.                                                                   
Additionally, there is concern  that the Real ID Act would be                                                                   
used  as a  backdoor  attempt  to  institute a  national  gun                                                                   
registry.   Many from  the National  Rifle Association  (NRA)                                                                   
oppose the Real ID Act.  He encouraged passage of SB 202.                                                                       
                                                                                                                                
In response  to Representative  Hawker, Senator  Wielechowski                                                                   
explained that the intent was  not to prevent the Division of                                                                   
Motor  Vehicles (DMV)  from implementing  best practices  and                                                                   
hence "solely" was incorporated.                                                                                                
                                                                                                                                
3:37:25 PM                                                                                                                    
                                                                                                                                
Representative Hawker asked if  the Senator was "comfortable"                                                                   
with that  language.  Senator  Wielechowski said he  was okay                                                                   
with the changes made in the House State Affairs Committee.                                                                     
                                                                                                                                
Representative  Gara   commented  on  protecting   the  other                                                                   
functions  of  Division of  Motor  Vehicles (DMV).    Without                                                                   
using "solely",  it provides a partial prohibition.   Senator                                                                   
Wielechowski responded  that initially "solely"  had not been                                                                   
used, knowing that  the DMV would still be  able to implement                                                                   
best  practices.     He  agreed   he  shares   concerns  with                                                                   
Representative Gara.   He added that SB 202  does not support                                                                   
Real  ID.   There  could  be dollars  spent  on  the Real  ID                                                                   
program with the use of federal funding.                                                                                        
                                                                                                                                
Representative  Gara asked  if there  were other states  that                                                                   
did not incorporate  "solely".  Senator  Wielechowski replied                                                                   
that  there  are  seventeen  states  that  have  passed  some                                                                   
legislation prohibiting Real ID.                                                                                                
                                                                                                                                
3:42:02 PM                                                                                                                    
                                                                                                                                
GEORGE    ASCOTT,   STAFF,    SENATOR   BILL    WIELECHOWSKI,                                                                   
acknowledged  that was correct  and that Washington,  Montana                                                                   
and  Maine, each  offer different  language, indicating  that                                                                   
they would not comply with the Real ID Act.                                                                                     
                                                                                                                                
Representative Gara asked that  language preference.  Senator                                                                   
Wielechowski clarified that the  bill was filed not including                                                                   
"solely"; when the  bill moved through the HSA  Committee, he                                                                   
agreed to support the bill as changed.                                                                                          
                                                                                                                                
BILL  SCANNELL,  SELF, ANCHORAGE,  spoke  in  support of  the                                                                   
legislation.   He  did not  care  for usage  of "solely"  but                                                                   
would support  it if that was the  only way to get  it to the                                                                   
House Floor.                                                                                                                    
                                                                                                                                
3:46:49 PM                                                                                                                    
                                                                                                                                
MATHEW KERR, SELF,  ANCHORAGE, spoke in support  of the bill.                                                                   
The  provisions   of  the  Real  ID  increase   the  size  of                                                                   
government without compelling any State benefit.                                                                                
                                                                                                                                
JOHN  BRADING,   FAIRBANKS,  testified  via   teleconference,                                                                   
voiced support for SB 202.  He  claimed that no one wins when                                                                   
freedom  fails.   He  thought  that the  Real  ID  Act is  an                                                                   
instrument to control human freedom.                                                                                            
                                                                                                                                
FRANK TURNEY, FAIRBANKS, testified  via teleconference, spoke                                                                   
in support of the bill.  He added  support for HB 3 regarding                                                                   
driver's license ID.  "Those who  give up essential liberties                                                                   
for security deserve neither." (Ben Franklin)                                                                                   
                                                                                                                                
3:55:08 PM                                                                                                                    
                                                                                                                                
DAVID   SAPP,  FAIRBANKS,   testified   via   teleconference,                                                                   
indicated  his  support  of  the   legislation.    He  echoed                                                                   
concerns regarding the Real ID Act.                                                                                             
                                                                                                                                
LARRY  SMITH,  NORTH  POLE,  testified   via  teleconference,                                                                   
voiced  support for  SB 202.   He wanted  to see  legislation                                                                   
passed  so that  the State  never  has to  address the  issue                                                                   
again.                                                                                                                          
                                                                                                                                
PAUL NELSON,  HAINES, testified via teleconference,  spoke in                                                                   
support  of the  bill,  pointing  out that  the  Real ID  Act                                                                   
violates the Alaska  State Constitution.   It  is an unfunded                                                                   
mandate   that  adds   another   layer   of  bureaucracy   to                                                                   
government.   The  Real ID Act  does nothing  to protect  the                                                                   
citizens of this country.                                                                                                       
                                                                                                                                
SHAEFFER COX, FAIRBANKS, testified  via teleconference, spoke                                                                   
in support of SB 202.  He recommended  that the word "solely"                                                                   
be  removed.   He  questioned  if the  people  belong to  the                                                                   
government or  if the government  belongs to the people.   He                                                                   
emphasized the amount of statewide  opposition to the Real ID                                                                   
Act.                                                                                                                            
                                                                                                                                
4:00:07 PM                                                                                                                    
                                                                                                                                
KEVIN    BROOKS,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                   
ADMINISTRATION, referenced  inclusion of "solely",  which the                                                                   
Department supports.   The State of Alaska does  not have the                                                                   
funding  to  implement   the  Real  ID  Act.     The  federal                                                                   
government  did  issue the  final  rules  based on  the  best                                                                   
practices  for   states  and  each  state  was   included  in                                                                   
determining what  their best practices  are.   He recommended                                                                   
that using a digital photo on  the driver's license is a good                                                                   
idea.   The  original wording  of the  bill raised  questions                                                                   
regarding  how effective  continuation  of  the State's  best                                                                   
practices could be.                                                                                                             
                                                                                                                                
Representative Gara wanted to  know that the intention of the                                                                   
Administration  was not to  implement the Real  ID Act.   Mr.                                                                   
Brooks understood that was correct.                                                                                             
                                                                                                                                
4:03:33 PM                                                                                                                    
                                                                                                                                
Representative  Kelly clarified  that  if the  Administration                                                                   
planned on changing the intent,  they would need to come back                                                                   
before the Legislature.  Mr. Brooks said yes.                                                                                   
                                                                                                                                
4:04:20 PM                                                                                                                    
                                                                                                                                
WHITNEY  BREWSTER,  DIRECTOR,  DIVISION  OF  MOTOR  VEHICLES,                                                                   
DEPARTMENT  OF   ADMINISTRATION,  ANCHORAGE,   testified  via                                                                   
teleconference, stated  that the DMV clearly  understands the                                                                   
condition on  Real ID and  that DMV  does not plan  on moving                                                                   
forward toward compliance  with Real ID.  The  Division wants                                                                   
to have  the ability to  use what would  be good  for Alaska.                                                                   
She indicated support  for "solely" remaining in  the bill as                                                                   
presented.                                                                                                                      
                                                                                                                                
4:05:06 PM                                                                                                                    
                                                                                                                                
Representative  Gara understood  that DMV  would want  to use                                                                   
laminated   photos.     He   asked   Ms.  Brewster   if   the                                                                   
interpretation does  not intend to  use the same  database as                                                                   
shared  with the national  ID  portions of  the Real ID  Act.                                                                   
Ms. Brewster replied that was correct.                                                                                          
                                                                                                                                
4:05:50 PM                                                                                                                    
                                                                                                                                
KRISTA  STEARNS, ASSISTANT  ATTORNEY  GENERAL, DEPARTMENT  OF                                                                   
LAW,  ANCHORAGE,  testified via  teleconference,  offered  to                                                                   
answer questions of the Committee.   She noted that inclusion                                                                   
of the word "solely"  does advance the ability of  the DMV to                                                                   
move  forward in  providing fraudulent  document training  to                                                                   
employees.   It is a broad  term and the discussion  has been                                                                   
helpful with regard to true concerns.                                                                                           
                                                                                                                                
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
                                                                                                                                
4:07:16 PM                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to REPORT  HCS SB 202  (FIN) out                                                                   
of Committee  with  individual recommendations  and with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS SB  202(STA) was  reported  out of Committee  with  a "do                                                                   
pass" recommendation and with  zero note #1 by the Department                                                                   
of Administration.                                                                                                              
                                                                                                                                
                                                                                                                                
AT EASE:       4:08:32 PM                                                                                                     
RECONVENE:     4:23:23 PM                                                                                                     
                                                                                                                                
                                                                                                                                
4:23:40 PM                                                                                                                    
CS FOR SENATE BILL NO. 265(FIN)                                                                                               
                                                                                                                                
     An  Act  relating  to  the  payment  of  permanent  fund                                                                   
     dividends  to certain individuals  required to  register                                                                   
     as  sex  offenders  or  child  kidnappers;  relating  to                                                                   
     execution  upon  permanent  fund dividends  by  civilian                                                                   
     process  servers using  electronic procedures;  amending                                                                   
     Rule 89, Alaska Rules of  Civil Procedure; and providing                                                                   
     for an effective date.                                                                                                     
                                                                                                                                
Representative Foster MOVED to  ADOPT work draft 25-LS1449\W,                                                                   
Luckhaupt,  4/6/08, as  the version  of the  bill before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
4:24:18 PM                                                                                                                    
                                                                                                                                
SENATOR  LESLIE MCGUIRE,  SPONSOR, directed  her comments  to                                                                   
the original version of SB 265.                                                                                                 
                                                                                                                                
*Co-Chair  Meyer pointed  out  that the  bill had  previously                                                                   
been heard  in the  House Finance  Committee and that  public                                                                   
testimony had been closed.                                                                                                      
                                                                                                                                
Senator   McGuire    addressed   previous    question   about                                                                   
identifying  those who  are not  in compliance  with the  sex                                                                   
offender registry and why they  were not being arrested.  She                                                                   
explained that the  issue is one of resources  and that being                                                                   
out of compliance for the sex  offender registry is a Class A                                                                   
misdemeanor.   She reiterated the concern with  resources and                                                                   
that the bill attempts to create  one more disincentive for a                                                                   
sex offender to comply.                                                                                                         
                                                                                                                                
Senator McGuire  requested that  Amendment 1,  25-LS1449\W.6,                                                                   
Luckhaupt, 4/7/08,  be WITHDRAWN.   The amendment  would have                                                                   
mandated that  the Department  of Public Safety  distribute a                                                                   
list to  all law enforcement,  a practice already done.   She                                                                   
added that  the manner, in  which the amendment  was drafted,                                                                   
would make it more confusing.                                                                                                   
                                                                                                                                
4:27:34 PM                                                                                                                    
                                                                                                                                
KATHRYN MONFREDA,  CRIMINAL RECORDS & IDENTIFICATION  BUREAU,                                                                   
DEPARTMENT  OF   PUBLIC  SAFETY,  ANCHORAGE,   testified  via                                                                   
teleconference, advised that the  Department of Public Safety                                                                   
currently  produces  a  monthly  list  of  non-compliant  sex                                                                   
offenders distributed to specific law enforcement agencies.                                                                     
                                                                                                                                
4:28:31 PM                                                                                                                    
                                                                                                                                
Senator McGuire  addressed the  next question put  forward by                                                                   
the Committee.   Two members asked  about the issue  of court                                                                   
ordered  garnishments   [child  support  payments]   owed  to                                                                   
children  of  sex offenders.    Amendment  3,  25-LS1449\W.4,                                                                   
Cook,   4/7/08,  was   written  to   address  that   concern.                                                                   
Amendment 3 exempts court ordered  garnishments from the bill                                                                   
and  Child  Support  Enforcement   Agency  (CSEA)  and  other                                                                   
debtors would  still be able  to get the offenders  Permanent                                                                   
Fund Dividend (PFD) if they are out of compliance.                                                                              
                                                                                                                                
Senator  McGuire  continued.    The  final  question  brought                                                                   
forward by the Committee was in  regard to the Permanent Fund                                                                   
Dividends (PFD)'s  after they had  been withheld for  a year.                                                                   
She  pointed out  that  in  Amendment 4,  25-1449\W.3,  Cook,                                                                   
4/7/08, the  PFD would be  withheld up to  one year.   If the                                                                   
person failed to  comply after that year, the  PFD would then                                                                   
be rolled into the Crime Victim Compensation Fund.                                                                              
                                                                                                                                
4:31:34 PM                                                                                                                    
                                                                                                                                
Representative Gara  noted that SB  265 includes a  number of                                                                   
bills and  asked if  the ones brought  forward were  the same                                                                   
version as they  had been amended in other  committees or the                                                                   
same as the original bills.                                                                                                     
                                                                                                                                
Senator  McGuire offered  to  provide a  sectional  analysis,                                                                   
addressing  concerns with  the bills  during other  committee                                                                   
processes.   She  explained that  each piece  was chosen  and                                                                   
incorporated  only if  there  had been  no  contention.   She                                                                   
added, there is a new concept  proposed by the House Judicial                                                                   
Committee, which had come before  the Finance Committee as an                                                                   
amendment.  It addresses the boot-legging provision.                                                                            
                                                                                                                                
4:33:35 PM                                                                                                                    
                                                                                                                                
Senator McGuire:                                                                                                                
                                                                                                                                
   ·    Sections 1 & 2 was taken from the House Judiciary                                                                       
        Committee (HJC) and  provides that a  licensee, agent                                                                   
        or  employee  of   a  licensee  is  not   subject  to                                                                   
        prosecution for furnishing  alcohol to a  minor under                                                                   
        AS 04.16.051.   Rather,  licensees  and their  agents                                                                   
        would be subject  to prosecution under  AS 04.16.052,                                                                   
        which would be a Class A misdemeanor.                                                                                   
   ·    Section 3 provides that a person who sends,                                                                             
        transports,  or brings  alcoholic  beverages  into  a                                                                   
        municipality   or  established   village   that   has                                                                   
        prohibited  the  importation  of  alcohol,  upon  the                                                                   
        third offense within 10 years is guilty  of a Class C                                                                   
        felony.                                                                                                                 
                                                                                                                                
4:35:38 PM                                                                                                                    
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY  GENERAL, LEGAL  SERVICES                                                                   
SECTION-JUNEAU,   CRIMINAL  DIVISION,   DEPARTMENT  OF   LAW,                                                                   
explained Section 4.                                                                                                            
                                                                                                                                
   ·    Section   4   provides   a   minimum    sentence   of                                                                   
        imprisonment  and fines  for  a conviction  under  AS                                                                   
        04.16.200(e)(1), if the person is  not subject to the                                                                   
        changes made in Section 3.                                                                                              
                                                                                                                                
4:36:20 PM                                                                                                                    
                                                                                                                                
Senator McGuire continued:                                                                                                      
                                                                                                                                
   ·    Sections 5 & 6, requires a person who lends money on                                                                    
        secondhand  articles  in  a  municipality  with  over                                                                   
        5,000 residents to maintain in an  electronic format,                                                                   
        the date of the transaction and a  description of the                                                                   
        property.                                                                                                               
                                                                                                                                
4:37:40 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze noted  the 5,000  population limit  for a                                                                   
municipality.   Ms. Carpeneti understood that  a municipality                                                                   
as included in Sections 5 & 6 refers to a borough.                                                                              
                                                                                                                                
Representative Gara  noted his support for the  endeavor.  He                                                                   
worried about  the single subject rule,  referencing Sections                                                                   
5 & 6, civil  aspects of particular crimes on  pawn shops and                                                                   
theft.  He questioned the position  of such issues addressed.                                                                   
                                                                                                                                
Senator McGuire  opined that  the single  subject rule  is "a                                                                   
delicate line" and that there  had been a severability clause                                                                   
written into the bill.  She believed  that including Sections                                                                   
5 & 6 "makes  the cut", but acknowledged that  ultimately, it                                                                   
is open  to the will of  the Committee.  Ms.  Carpeneti added                                                                   
that it is  defensible under the single subject  rule because                                                                   
it addresses stolen property.                                                                                                   
                                                                                                                                
4:40:11 PM                                                                                                                    
                                                                                                                                
Representative Gara  inquired where Sections  5 & 6  had been                                                                   
taken from.   Senator McGuire  responded that  Senator French                                                                   
had  proposed  that amendment  during  the  Senate  Judiciary                                                                   
Committee (SJC) meeting.                                                                                                        
                                                                                                                                
4:42:15 PM                                                                                                                    
                                                                                                                                
Senator McGuire continued:                                                                                                      
                                                                                                                                
   ·    Section 7 allows a peace officer, owner or owner's                                                                      
        agent  of a  commercial  establishment  to  detain  a                                                                   
        person for a reasonable  time if there is  a probable                                                                   
        cause  to  believe   the  person  has   committed  or                                                                   
        attempted to commit theft from the property.                                                                            
   ·    Section 8 clarifies that when a theft offense is                                                                        
        enhanced one  level  because  the defendant  has  two                                                                   
        prior thefts within  five years  of the new  crime, a                                                                   
        prior  conviction  occurs   on  the  date   that  the                                                                   
        defendant was sentenced for the theft.                                                                                  
   ·    Section 9 changes the culpable mental state for the                                                                     
                               nd                                                                                               
        crime of Arson in the 2 Degree.                                                                                         
   ·    Section 10 adopts a new crime - Criminally Negligent                                                                    
                        st                                                                                                      
        Burning in the 1   Degree, which applies  to persons,                                                                   
        convicted a second  time within  a 10-year  period of                                                                   
        arson or criminally negligent burring.   The crime is                                                                   
        a Class C felony.                                                                                                       
                                                                                                                                
4:44:55 PM                                                                                                                    
                                                                                                                                
Representative  Gara  asked if  it  would reduce  the  mental                                                                   
state from  "intentionally" to  "knowingly" for arson  in the                                                                   
 nd                                                                                                                             
2  degree.   Ms. Carpeneti  said yes and that  recommendation                                                                   
had been made  by Representative Gruenberg, resulting  from a                                                                   
series of intentionally started home dumpster fires.                                                                            
                                                                                                                                
Representative  Gara inquired  if there  could be  "reckless"                                                                   
cause creating damage.   Ms. Carpeneti replied  that there is                                                                   
criminal negligence  in burning.   Current law  carries arson                                                                   
        stnd                                                                                                                    
in the 1  and 2  degree & criminally  negligent burning.  The                                                                   
proposed law  divides the  criminally negligent burning  into                                                                   
 stnd                                                                                                                           
1 and 2 degree.                                                                                                                 
                                                                                                                                
Representative  Gara  proposed  that for  some  adolescences,                                                                   
negligence  does not intent  to light  a house  on fire.   He                                                                   
asked  if that  was the  correct &  fair penalty  for a  dumb                                                                   
mistake.   Senator  McGuire  interjected  that the  Committee                                                                   
could amend the  bill, however, the current  language states:                                                                   
"Knowingly damaging  a building".   Ms. Carpeneti  understood                                                                   
that the  risk was  known when  the fire  was started,  which                                                                   
would have to be proven.                                                                                                        
                                                                                                                                
4:49:40 PM                                                                                                                    
                                                                                                                                
Senator McGuire referenced Section 11.                                                                                          
                                                                                                                                
   ·    Section 11 conforms current law, the criminally                                                                         
                                          nd                                                                                    
        negligent burning, by making it  2  degree criminally                                                                   
        negligent burning.                                                                                                      
                                                                                                                                
*Representative Gara asked the  level of crimes that Sections                                                                   
9 & 10 consider.   Ms. Carpeneti explained that  arson in the                                                                   
 nd                                                                                                                             
2  degree  is a  Class B  felony; the  new crime,  criminally                                                                   
                             st                                                                                                 
negligent  burning  in the  1   degree  would  be a  Class  C                                                                   
                                                     nd                                                                         
felony; currently, criminally  negligent burning is 2  degree                                                                   
Class A misdemeanor.  Representative  Gara inquired about the                                                                   
classification  of Class  C felonies.   Ms. Carpeneti  stated                                                                   
that "knowing" is a higher standard than "reckless".                                                                            
                                                                                                                                
4:51:31 PM                                                                                                                    
                                                                                                                                
Senator McGuire continued:                                                                                                      
                                                                                                                                
   ·    Section 12 ads three controlled substances under                                                                        
        Schedule IVA  including  Carisprodol-commonly  called                                                                   
        Soma and  listed  as  a controlled  substance  in  17                                                                   
        states; Zolpidem-commonly  called  Ambien and  listed                                                                   
        as a  Schedule  IV  substance in  federal  schedules;                                                                   
        Zopiclone-commonly  called Lunesta  and  listed as  a                                                                   
        Schedule IV  substance in federal  schedules.   These                                                                   
        prescription drugs have  been widely abused  and have                                                                   
        been  found by  law  enforcement  to  be  present  in                                                                   
        drivers who are impaired.                                                                                               
   ·    Section 13 clarifies that a court may issue a search                                                                    
        warrant for property located outside  the State.  The                                                                   
        issue of  the  court's  authority  out of  state  has                                                                   
        arisen  in  white  collar  investigations  where  the                                                                   
        state   seeks    stored    electronic    information.                                                                   
        Companies that store  the information are  willing to                                                                   
        provide it if  law enforcement  and present  a search                                                                   
        warrant  for  the  information.    The  change  would                                                                   
        clarify that a  court may issue  a warrant  to obtain                                                                   
        the information.                                                                                                        
                                                                                                                                
4:53:16 PM                                                                                                                    
                                                                                                                                
Senator McGuire continued:                                                                                                      
                                                                                                                                
   ·    Section 14 allows a judicial officer to issue a                                                                         
        search   warrant  over   the   telephone   or   other                                                                   
        electronic communications  in  the important  affairs                                                                   
        of their lives.   Law enforcement should not  have to                                                                   
        drive or  fly  to a  judicial  officer  for a  search                                                                   
        warrant when electronic  means are available  for the                                                                   
        court to fairly evaluate the evidence.                                                                                  
   ·    Sections 15, 16, 17, 30 & 31 will help avoid                                                                            
        potentially dangerous  situations where  a person  is                                                                   
        charged with  a crime,  but found  incompetent to  be                                                                   
        tried for  it,  and  then  is released  back  into  a                                                                   
        community  without  adequate  consideration   of  the                                                                   
        danger the individual may present  and without notice                                                                   
        of release to  the prosecution.   It would  require a                                                                   
        person charged  with a felony  and found  incompetent                                                                   
        to be evaluated  for commitment  and treatment.   The                                                                   
        bill adopts  a rebuttable presumption  that a  person                                                                   
        charged  with  a  felony  but  found  incompetent  to                                                                   
        proceed is  mentally  ill  and  likely to  present  a                                                                   
        danger to themselves or others.   It allows the court                                                                   
        to consider  the conduct  with which  the person  has                                                                   
        been charged in making that determination.                                                                              
                                                                                                                                
4:54:43 PM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti  explained  that   those  sections  address  a                                                                   
problem that has  arisen in how to deal with  people that are                                                                   
not competent  to be tried.   The language requires  that the                                                                   
persons  charged  with  the  felony to  be  referred  for  an                                                                   
evaluation by  a mental health  professional.  It  would then                                                                   
adopt  the presumption  that is  rebuttable  that the  person                                                                   
sent for evaluation  presumption that person  is mentally ill                                                                   
and is likely to commit serious  harm to them self or another                                                                   
individual.  Later  sections of the bill require  that before                                                                   
a  release   of  a   person  found   to  be  incompetent,   a                                                                   
professional must notify the prosecution  before the release,                                                                   
allowing time to notify the law enforcement.                                                                                    
                                                                                                                                
4:56:54 PM                                                                                                                    
                                                                                                                                
Ms. Carpeneti explained:                                                                                                        
                                                                                                                                
   ·    Section 18 allows the court to impose probation on a                                                                    
        person who is  convicted of a  violation under  AS 11                                                                   
        and AS 16.                                                                                                              
                                                                                                                                
4:58:50 PM                                                                                                                    
                                                                                                                                
Representative   Kelly   questioned   the   notification   of                                                                   
prosecutors for intervention help  and asked if the murder in                                                                   
Sitka  could have  been avoided  using that  provision.   Ms.                                                                   
Carpeneti acknowledged  that situation was difficult.   Under                                                                   
current statutes, the person could  not be held longer than a                                                                   
year because the  incompetent person had not  been convicted.                                                                   
It  would  help to  require  an  evaluation of  every  person                                                                   
charged of a felony, requiring  the notice before that person                                                                   
is released.                                                                                                                    
                                                                                                                                
Representative  Kelly wondered  if there  was any  additional                                                                   
language  that could  be added  to address  loopholes in  the                                                                   
system.   Ms. Carpeneti did not  think the statutes  could be                                                                   
applied to the  Sitka case since that young man  had not been                                                                   
found incompetent  initially to be  tried.  He had  only been                                                                   
charged with an assault and had then been released on bail.                                                                     
                                                                                                                                
5:02:15 PM                                                                                                                    
                                                                                                                                
Representative  Gara voiced  concern  that in  Section 18,  a                                                                   
person that had not yet committed  a crime could be placed on                                                                   
probation.    Ms.  Carpeneti  stated that  there  are  a  few                                                                   
violations in AS 11, such as failure to report a crime.                                                                         
                                                                                                                                
Representative  Gara questioned  why  a fish  and game  crime                                                                   
could become  a fineable  offense.   Ms. Carpeneti  explained                                                                   
that   would   be   determined   by   whether   it   happened                                                                   
intentionally  or  not.   Representative  Gara  inquired  the                                                                   
level at  which it becomes only  a violation.   Ms. Carpeneti                                                                   
acknowledged that  a person  can not go  to jail with  only a                                                                   
violation  and that  there is  no  probation supervision  for                                                                   
those  convicted  misdemeanors or  offenses.    Fines can  be                                                                   
imposed.                                                                                                                        
                                                                                                                                
5:04:48 PM                                                                                                                    
                                                                                                                                
Ms. Carpeneti addressed Section 19.                                                                                             
                                                                                                                                
   ·    Section 19 defines "aggravated assaultive behavior"                                                                     
        as a  felony  assault under  AS  11.41  or a  similar                                                                   
        provision in another jurisdiction.                                                                                      
   ·    Section 20 provides that the aggravating factor that                                                                    
        a defendant  convicted of  a felony  sex offense  has                                                                   
        engaged  in  sexual  offense  against   the  same  or                                                                   
        another victim,  is a  factor that  may be proven  to                                                                   
        the court at sentencing rather than to the jury.                                                                        
                                                                                                                                
Representative  Gara  referenced  another  bill  proposed  by                                                                   
Representative   Holmes    regarding   the    three   offense                                                                   
sentencing.   He  asked  if either  of  the  two bills  would                                                                   
address  the Blakely concerns.   Ms.  Carpeneti replied  they                                                                   
would not.                                                                                                                      
                                                                                                                                
Senator McGuire continued:                                                                                                      
                                                                                                                                
   ·    Section 21 allows the Governor to delegate                                                                              
        extradition authority responsibilities  either to the                                                                   
        Lt. Governor or  the head  of a principal  department                                                                   
        in the executive branch.  The appointment  must be in                                                                   
        writing and filed with the Lt. Governor.                                                                                
   ·    Sections 22-24 address post-conviction relief.  In                                                                      
        the language  Sections  22 and  23,  provides that  a                                                                   
        person has one year  to bring an application  for the                                                                   
        relief after the entry of judgment  if no appeal from                                                                   
        the conviction  is taken  and  one year  to bring  an                                                                   
        application for  the  relief after  the  entry of  an                                                                   
        order revoking  probation.   Section 24 requires  the                                                                   
        court to  first  decide  whether an  application  for                                                                   
        post-conviction  relief  is timely  and  no  previous                                                                   
        application filed,  before considering a  substantive                                                                   
        claim in an application.                                                                                                
   ·    Section  25  allows   a  court  to  order   a  person                                                                   
        convicted of  violating any  law or regulation  under                                                                   
        Title 16  for  the unlawful  taking  of  game to  pay                                                                   
        restitution for the unlawful taking.                                                                                    
                                                                                                                                
5:09:25 PM                                                                                                                    
                                                                                                                                
Senator McGuire continued:                                                                                                      
                                                                                                                                
   ·    Section 26  provides  that a  court  that convicts  a                                                                   
        person for  violation  of AS  04.16.050  (Possession,                                                                   
        control, or consumption  by persons under the  age of                                                                   
        21) shall forward a  record of the conviction  to the                                                                   
        Division of Motor Vehicles (DMV)  within five working                                                                   
        days.                                                                                                                   
   ·    Section  27 provides  that  the  court  may  order  a                                                                   
        person  charged  under  AS  04.16.200(b)  or  (e)  to                                                                   
        complete a court-ordered treatment program.                                                                             
   ·    Sections  28-29   requires   that   payment  of   the                                                                   
        Permanent Fund  Dividend (PFD) for  a person,  who is                                                                   
        required by  law to  register  as a  sex offender  or                                                                   
        child  kidnapper,  be   delayed  until   that  person                                                                   
        submits proof that the requirements  for sex offender                                                                   
        registration have been  met by the applicant  for the                                                                   
        dividend.                                                                                                               
   ·    Section 32  dispels a  potential misunderstanding  in                                                                   
        the applicability  sectional clause  in HB 90,  which                                                                   
        had been adopted last year.                                                                                             
                                                                                                                                
Ms.  Carpeneti  explained  that   Section  32  clarifies  the                                                                   
intention for adoption  of HB 90 last year,  an action, which                                                                   
limited application for post conviction  relief to a one year                                                                   
statute of limitation.                                                                                                          
                                                                                                                                
5:14:08 PM                                                                                                                    
                                                                                                                                
Senator McGuire argued that had not been the intent of HB
90, but rather to "narrow" the language, not reopen claims                                                                      
for post-conviction relief.                                                                                                     
                                                                                                                                
   ·    Section 33  repeals AS  12.35.015(f)  to conform  the                                                                   
        amendment in  Section  12, which  allows  a court  to                                                                   
        issue  search   warrants  by   telephone  and   other                                                                   
        electronic means.                                                                                                       
   ·    Section 34  repeals  AS  11.71.310 and  AS  12.20.010                                                                   
        that  prohibit   prosecution   by   the   State   for                                                                   
        violations of  State law  if  the federal  government                                                                   
        has prosecuted the same act for  violation of federal                                                                   
        law.  Although, the situation does not occur often,                                                                     
        it is important that Alaska has the authority to                                                                        
        enforce laws and protect interests and the citizens.                                                                    
   ·    Section 35 changes a Court Rule to allow more time                                                                      
        for the return with inventory of a search warrant.                                                                      
   ·    Section 36 is a Court Rule change reflecting the                                                                        
        provisions relating to post-conviction relief                                                                           
        contained in Sections 22, 23 and 24.                                                                                    
   ·    Section 37 is an applicability section.                                                                                 
   ·    Section 38 retroactive section for Section 32.                                                                          
   ·    Section 39 provides the immediate effective date for                                                                    
        Sections 32 and 38.                                                                                                     
                                              st                                                                                
   ·    Section 40 indicates that January 1 2009 as the                                                                         
        effective date for Sections 28 and 29.                                                                                  
                                                   st                                                                           
   ·    Section 41 is an effective date of July 1 2008 for                                                                      
        all other sections not stipulated in Sections 39 and                                                                    
        40.                                                                                                                     
                                                                                                                                
5:20:01 PM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti clarified  that Section  38 makes  retroactive                                                                   
the section  that clarifies  the applicability  clause  in HB
90, retroactive to July 1, 2007.                                                                                                
                                                                                                                                
                                                                                                                                
AT EASE:            5:21:09 PM                                                                                                
RECONVENE:          5:23:04 PM                                                                                                
                                                                                                                                
                                                                                                                                
Representative  Gara  recommended  a severability  clause  be                                                                   
included.   Senator  McGuire  agreed,  advising  that one  is                                                                   
currently being drafted.                                                                                                        
                                                                                                                                
Representative  Gara asked about  the post-conviction  relief                                                                   
section  of the bill  regarding finding  evidence within  one                                                                   
year  and if  that could  be used.     He  worried about  new                                                                   
evidence coming forward.                                                                                                        
                                                                                                                                
BLAIR MCCUNE,  CRIMINAL DEFENSE  ATTORNEY, PRIVATE  PRACTICE,                                                                   
ANCHORAGE,  testified  via teleconference,  agreed  that  the                                                                   
provision was  unclear.   He added that  if new evidence  was                                                                   
presented that could  change the outcome, there  should be no                                                                   
time limit  attached.  A  two year limitation  was determined                                                                   
in 1995 and  he did not believe  that it could survive  a due                                                                   
process challenge.    He stated that it is  difficult to file                                                                   
such  cases since  the  1995 determination.    Two years  for                                                                   
entry  of  judgment  for  conviction,  recognizes  that  most                                                                   
people  currently would  not be currently  represented.   The                                                                   
big concern  is the filing fee  exemption.  In order  to file                                                                   
the applications,  if the filing  fee is not available,  that                                                                   
person  must  get  a certification  from  the  Department  of                                                                   
Corrections regarding  their inmate account balance  and then                                                                   
the court  can charge 20% of  the average six  month balance.                                                                   
The process takes a long time.                                                                                                  
                                                                                                                                
5:30:00 PM                                                                                                                    
                                                                                                                                
In response to Representative  Gara, Ms.  Carpeneti explained                                                                   
that the  action would not be  happening after an  appeal but                                                                   
after the  conviction had  been appealed  and upheld.   Under                                                                   
current law, the  Statute of Limitations for  post conviction                                                                   
relief is  one year if  there is an  appeal and two  years if                                                                   
there  isn't.    The  language  would  not  limit  any  newly                                                                 
discovered evidence.                                                                                                            
                                                                                                                                
Representative Gara  did not understand the  language on Page                                                                   
11,  regarding  submersible  evidence not  known  within  one                                                                   
year.    Ms.   Carpeneti  recommended  reading   the  lead-in                                                                   
language  on  Page 10:  "Not  withstanding  A(3) &  (4),  the                                                                   
statute of  limitations, the court  may hear the  claim based                                                                   
on newly discovered  evidence".  She agreed  that the statute                                                                   
directive had been drafted strangely.                                                                                           
                                                                                                                                
Representative  Gara asked  the  result if  the evidence  was                                                                   
found six  months afterward.   Ms.  Carpeneti responded  that                                                                   
due diligence  would have to be established.   Representative                                                                   
Gara asked the  relief after one year.  Ms.  Carpeneti stated                                                                   
that if  due diligence is  established after the  evidence is                                                                   
discovered,  they   could  bring  the  application   of  post                                                                   
conviction forward.  If it was  not known for one year, under                                                                   
Section 22, those time limitations do not apply.                                                                                
                                                                                                                                
Representative  Gara   presented  two  circumstances.     Ms.                                                                   
Carpeneti explained  that the  person would have  to exercise                                                                   
due diligence  in filing  the claim to  bring forward  to the                                                                   
courts.                                                                                                                         
                                                                                                                                
Mr. McCune acknowledged  that the statute was  confusing.  He                                                                   
wondered if  it would  be easier to  say with due  diligence,                                                                   
the  person  could  bring forward  an  application  for  post                                                                   
conviction relief  based on newly discovered  evidence at any                                                                   
time.     Ms.   Carpeneti  agreed   that   was  the   correct                                                                   
interpretation.                                                                                                                 
                                                                                                                                
Representative  Gara  asked  about  concerns  voiced  by  Mr.                                                                   
McCune regarding State resources  and that one year would not                                                                   
be enough time to file a claim.   Ms. Carpeneti said that was                                                                   
not  of concern;  the sentencing  occurs after  a person  has                                                                   
been  convicted and  the  conviction has  been  upheld.   She                                                                   
maintained  that due diligence  should be  used and  that one                                                                   
year would be long enough.                                                                                                      
                                                                                                                                
5:37:50 PM                                                                                                                    
                                                                                                                                
Representative   Nelson  requested   further  discussion   of                                                                   
Section 4  and the  bootlegging provisions.   She noted  that                                                                   
she  represents  twenty-nine   [29]  dry  communities.    She                                                                   
questioned  if  the language  only  addresses  fines and  the                                                                   
look-back period.                                                                                                               
                                                                                                                                
REPRESENTATIVE  RALPH   SAMUELS  explained  that   the  House                                                                   
Judiciary  Committee (HJC) did  not change  the jail  time in                                                                   
Section 4.   The first conviction  was left at  $1500 dollars                                                                   
and after that, every other conviction  was raised to $10,000                                                                   
dollars  and then  up  to  $25,000 dollars.    It  is just  a                                                                   
business and  that the  costs should  be increased  until the                                                                   
bootleggers  can no  longer afford  to do business.   He  had                                                                   
spoken  with   various  representatives   from  the   village                                                                   
communities and maintained that  fines knock-back bootlegging                                                                   
business.                                                                                                                       
                                                                                                                                
Senator  McGuire  pointed  out  that  she  was  committed  to                                                                   
working with the Department of  Law with regard to the amount                                                                   
of alcohol across all the statutes and up for reduction.                                                                        
                                                                                                                                
5:41:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JAY RAMRAS  added  that  the House  Judiciary                                                                   
Committee  attempted  to blend  a  variety  of concerns.    A                                                                   
majority of  the Committee members  shared an  intolerance of                                                                   
alcohol being in  the dry communities.  Included  in the work                                                                   
draft is  the existing amount  of alcohol indicated  in Title                                                                   
4.   The  look-back  period was  shifted  to  15-years.   The                                                                   
intention  is  to  show a  distinct  intolerance  of  alcohol                                                                   
coming   into  dry   communities.     Representative   Nelson                                                                   
reiterated  the  intolerance   of  alcohol  coming  into  dry                                                                   
communities; she  asked the difference  between five  and ten                                                                   
jugs if the community is dry.                                                                                                   
                                                                                                                                
Ms.  Carpeneti  advised  that  currently,  it is  a  Class  A                                                                   
misdemeanor  to   bootleg  amounts  lower  than   the  felony                                                                   
threshold level  into a dry  community.   Right now, it  is a                                                                   
Class C felony to bootleg amounts  higher than the amount set                                                                   
forth in statute.   The work draft makes it a  Class C felony                                                                   
if a person  is convicted for the third time  for bootlegging                                                                   
small amounts into  a dry community.  Title 12  uses the same                                                                   
amounts  in a  variety  of areas  in  Title  4; she  however,                                                                   
worried about unintended consequences with the change.                                                                          
                                                                                                                                
Representative  Nelson  commented that  she  had a  difficult                                                                   
time  imaging  the  quantities.   She  asked  the  difference                                                                   
between a damp community and a  dry community.  Ms. Carpeneti                                                                   
explained  that in  a damp  community, a  person can  legally                                                                   
possess  certain amounts  of alcohol  without  the intent  to                                                                   
sell.  If more  than those amounts are possessed,  there is a                                                                   
legal  presumption that  person  possess with  the intent  to                                                                   
sell.  She pointed out that the  fines had been raised in HJC                                                                   
in order  to enforce  the law.   She  advised that a  $10,000                                                                   
mandatory minimum fine for subsequent  bootlegging will cause                                                                   
problems.                                                                                                                       
                                                                                                                                
5:48:24 PM                                                                                                                    
                                                                                                                                
Representative  Nelson  inquired how  the  monthly volume  is                                                                   
determined  for  a damp  community.    Representative  Ramras                                                                   
replied  that the calculations  were measured  in ounces  per                                                                   
gallon;  one case of  liquor, 2  cases of  wine and  about 10                                                                   
cases of beer.                                                                                                                  
                                                                                                                                
Representative Nelson  asked if the Rural  Justice Commission                                                                   
had  taken  a  stand on  the  bill.    Representative  Ramras                                                                   
responded that  there had been an  issue that came up  in the                                                                   
HJC,  in   which  they   relied  on   testimony  taken   from                                                                   
Representative    Dalhstrom.        He    recommended    that                                                                   
Representative    Fairclough    address   that    round-table                                                                   
discussion that  occurred in that  Committee.   The Committee                                                                   
attempted  to  reflect the  broader  concerns  that had  been                                                                   
raised.  Senator McGuire interjected  that there are a number                                                                   
of bootlegging bills circulating  throughout the legislature.                                                                   
                                                                                                                                
5:51:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANNA  FAIRCLOUGH  understood that  the  Rural                                                                   
Justice  Commission   was  supportive  of   the  consolidated                                                                   
package, but she  did not know the specifics.   Ms. Carpeneti                                                                   
clarified  that  the rules  have  been  in statute  for  many                                                                   
years.    She  shared  the  concerns  regarding  the  amounts                                                                   
allowed and  encouraged that they  are considered  within the                                                                   
entire context of Title 4.                                                                                                      
                                                                                                                                
Representative  Nelson acknowledged  they are large  amounts.                                                                   
She  hoped that  individual's  attorneys  would advise  those                                                                   
offenders of the increased offense.   Senator McGuire pointed                                                                   
out that  the bill has  created a "big  debate".   She agreed                                                                   
that when determining  an amount, there should  be an attempt                                                                   
to  make  it  consistent.    She   supported  increasing  the                                                                   
staggered  fines.  She  pointed out  that on  Page 3,  Line 8                                                                   
makes the  look-back 15-years  as opposed  to 10-years.   She                                                                   
noted that she had not the time  to pull together all section                                                                   
of  Title   4,  which   governs  alcohol.     Ms.   Carpeneti                                                                   
interjected  that  this is  the  first  time there  has  been                                                                   
mandatory fines for bootlegging.                                                                                                
                                                                                                                                
5:54:58 PM                                                                                                                    
                                                                                                                                
Representative   Joule  directed   discussion  to   the  fine                                                                   
structure.   He thought that  behavior could only  be changed                                                                   
through  monitoring  post  offices  and  airports  with  well                                                                   
trained  dogs.   He  did  not  understand what  the  proposed                                                                   
language could  accomplish, pointing  out that there  are not                                                                   
enough troopers or village Public Safety Officers (VPSO)'s.                                                                     
                                                                                                                                
5:58:22 PM                                                                                                                    
                                                                                                                                
Representative Thomas  didn't think that the  fine would keep                                                                   
the   bootleggers  from   bringing  the   alcohol  into   the                                                                   
communities and that the action will continue.                                                                                  
                                                                                                                                
Ms. Carpeneti did not object to  returning the fines to those                                                                   
recommended   in  the   HJC;   however,   pointed  out   that                                                                   
prosecutors  have  voiced  concern.     Representative  Kelly                                                                   
echoed previous  comments made by Representative  Thomas.  He                                                                   
added  that if  the  Rural  Justice Commission  supports  the                                                                   
bill, it  should be implemented  and done correctly  with the                                                                   
stronger approach.                                                                                                              
                                                                                                                                
6:02:16 PM                                                                                                                    
                                                                                                                                
LIEUTENANT RODNEY DIAL, ALASKA  STATE TROOPERS, DEPARTMENT OF                                                                   
PUBLIC  SAFETY,  ANCHORAGE,  testified   via  teleconference,                                                                   
agreed that  there is a  significant financial  incentive for                                                                   
the  bootleggers.   The Troopers  have  witnessed returns  as                                                                   
high as  15-1.  The State  Troopers are attempting  proactive                                                                   
enforcement  by  intercepting alcohol.    He  added that  the                                                                   
sentences and fines mentioned in the bill were reasonable.                                                                      
                                                                                                                                
Representative  Joule asked  how effective  dogs could  be in                                                                   
assisting  the Troopers.   Lt. Dial  suggested that  they are                                                                   
more  effective  with  illegal  drug  importation  than  with                                                                   
alcohol because of the sealed containers.                                                                                       
                                                                                                                                
Representative Joule  asked the rate of success  with alcohol                                                                   
seizure from  the use of  dogs.  Lt.  Dial responded  that in                                                                   
2007, the  State Troopers seized  181 gallons of  alcohol not                                                                   
dog related.   He did  not know if  dogs could be  trained to                                                                   
find and smell alcohol.                                                                                                         
                                                                                                                                
6:05:44 PM                                                                                                                    
                                                                                                                                
Representative Crawford  proposed that in attempting  to make                                                                   
it effective, all  alcohol sent to dry communities  should be                                                                   
marked with a  smell and then tracking the  point of delivery                                                                   
to each airport or post office for dog-tracking.                                                                                
                                                                                                                                
Representative  Gara asked  about the  damp communities  that                                                                   
can legally possess alcohol for  personal consumption but not                                                                   
for selling.  He asked if the  alcohol limitation applies for                                                                   
personal consumption.   Representative Nelson  explained that                                                                   
it  can  be   purchased,  just  not  brought   into  the  dry                                                                   
communities.                                                                                                                    
                                                                                                                                
Ms. Carpeneti emphasized that  the penalties contained in the                                                                   
bill apply only  to bootlegging in dry communities.   For the                                                                 
damp community,  the same  amounts are  the threshold  level,                                                                   
and above those  amounts, would create a presumption  that it                                                                   
is possessed with the intent to sell.                                                                                           
                                                                                                                                
6:09:02 PM                                                                                                                    
                                                                                                                                
Senator McGuire encouraged that  the House Finance  Committee                                                                   
wait  to  determine  the  amounts or  fine  structure.    She                                                                   
pointed  out that  the fine structure  can  not be more  than                                                                   
$10,000 dollars.                                                                                                                
                                                                                                                                
Representative Nelson referenced  previous comments regarding                                                                   
volume and  hoped to see  the Alcohol Beverage  Control (ABC)                                                                   
Board adjusting the volume across  the statutes, changing the                                                                   
amounts of wine allowed in and  decreasing the amount of hard                                                                   
alcohol.   She added that there  are not a lot of  "winos" in                                                                   
rural Alaska.   She did not want to see  responsible drinkers                                                                   
punished.                                                                                                                       
                                                                                                                                
6:12:27 PM                                                                                                                    
                                                                                                                                
Representative  Gara mentioned  the  previous criminal  bills                                                                   
moving throughout  the legislature.  He asked  about the bill                                                                   
addressing  high-level  animal   cruelty.    Senator  McGuire                                                                   
stated that she would support  any amendments proposed by the                                                                   
House Finance Committee (HFC) for a vote.                                                                                       
                                                                                                                                
Vice-Chair Stoltze  noted that he was a co-sponsor  on animal                                                                   
cruelty  legislation, summarized  how  complicated that  bill                                                                   
is.                                                                                                                             
                                                                                                                                
6:15:14 PM                                                                                                                    
                                                                                                                                
Senator McGuire  requested to WITHDRAW new Amendment  #1, 25-                                                                   
LS1449\W.6,  Luckhaupt,  4/7/08.   The  Department  testified                                                                   
that it is already their practice to report sex offenders.                                                                      
                                                                                                                                
6:16:16 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze MOVED to  ADOPT Amendment  2, to  Page 6,                                                                   
Line  14,  after  "convicted"   inserting  "on  two  separate                                                                   
occasions".  Co-Chair Chenault OBJECTED.                                                                                        
                                                                                                                                
Senator  McGuire addressed  the  amendment, which  guarantees                                                                   
that a  person would  not be convicted  until there  had been                                                                   
two prior convictions.                                                                                                          
                                                                                                                                
Representative  Hawker clarified that  a new Amendment  2 had                                                                   
been moved, not the original version.                                                                                           
                                                                                                                                
6:18:23 PM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti  advised  that   the  Department  of  Law  had                                                                   
requested  the  amendment.   When  a misdemeanor  offense  is                                                                   
enhanced to a felony, it would  only occur on the third time,                                                                   
as   proposed  in   new  Amendment   2.     She  added   that                                                                   
Representative Gruenberg  did not object to  the changes made                                                                   
in the HJC.                                                                                                                     
                                                                                                                                
Co-Chair  Chenault WITHDREW  his OBJECTION.   There  being NO                                                                   
further OBJECTION, it was adopted.                                                                                              
                                                                                                                                
6:20:23 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Stoltze  MOVED   to  ADOPT   Amendment  3,   25-                                                                   
LS1449\W.r, Cook, 4/7/08.  Co-Chair Chenault OBJECTED.                                                                          
                                                                                                                                
Senator  McGuire  advised  that  the  amendment  addresses  a                                                                   
concern  brought  forward  by  the  House  Finance  Committee                                                                   
(HFC),  clarifying   that  if   there  is  a   court  ordered                                                                   
garnishment for  child support, it takes precedence  prior to                                                                   
withholding a sex offender's Permanent Fund Dividend (PFD).                                                                     
                                                                                                                                
Co-Chair  Chenault WITHDREW  his OBJECTION.   There  being NO                                                                   
further OBJECTION, it was adopted.                                                                                              
                                                                                                                                
Vice-Chair   Stoltze  MOVED   to  ADOPT   Amendment  4,   25-                                                                   
LS1449\W.3, Cook, 4/7/08.  Co-Chair Chenault OBJECTED.                                                                          
                                                                                                                                
Senator McGuire explained that  Amendment 4 addresses the HFC                                                                   
questioning regarding what happens  with the PFD's after they                                                                   
are withheld for  a period of a year, while  the sex offender                                                                   
continues  to be non  compliant.   The amendment proposes  to                                                                   
sweep  the PFD's  into the  Crime  Victim Compensation  Fund.                                                                   
Funds can not  be dedicated and  consequently,  the amendment                                                                   
is drafted listing all funds that it could move into.                                                                           
                                                                                                                                
6:22:48 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault asked if it would apply to the non-                                                                           
compliant  sex  offenders  after  a year.    Senator  McGuire                                                                   
agreed, pointing out that it currently  is a crime to fail to                                                                   
register  & comply.    She added  that over  10%  of the  sex                                                                   
offender population  fails to  comply.    Law enforcement  is                                                                   
now over-stretched.  The amendment  provides a step into help                                                                   
address those that do not comply.                                                                                               
                                                                                                                                
Co-Chair  Chenault WITHDREW  his OBJECTION.   There  being NO                                                                   
further OBJECTION, it was adopted.                                                                                              
                                                                                                                                
Vice-Chair  Stoltze MOVED  to ADOPT  Amendment 5  to Page  6,                                                                   
Lines  24-27,  deleting  all  material  and  renumbering  the                                                                   
remaining  sections  accordingly.    He  noted  the  drafting                                                                   
instructions:  "Make any conforming  changes to the sections,                                                                   
renumbering as a result of adoption of the amendment."  Co-                                                                     
Chair Chenault OBJECTED.                                                                                                        
                                                                                                                                
6:26:04 PM                                                                                                                    
                                                                                                                                
Senator  McGuire   advised  that   the  amendment   addresses                                                                   
concerns voiced by the HFC.                                                                                                     
                                                                                                                                
Representative  Gara pointed  out  that  included were  legal                                                                   
prescriptions  drugs; he  noted  concern with  the impact  of                                                                   
that section.   Ms.  Carpeneti explained  the substances  are                                                                   
commonly  used for  sleep  conditions.   Representative  Gara                                                                   
asked if they  would be included in the "driving  while under                                                                   
influence"  statute.   Ms. Carpeneti  explained  that if  the                                                                   
person was under  the influence of the  substances identified                                                                   
in Amendment  5, that  person could  be prosecuted  under the                                                                   
influence of  a drug.  Representative  Gara asked  what under                                                                   
the influence of  one of the compounds means.   Ms. Carpeneti                                                                   
responded,   it  expounds   that  the   person  was   driving                                                                   
erratically while  using too much  of the prescription  drug.                                                                   
Representative Gara worried about including that language.                                                                      
                                                                                                                                
Senator McGuire was okay with removing the section.                                                                             
                                                                                                                                
6:29:55 PM                                                                                                                    
                                                                                                                                
Representative Hawker  noted that he would not  challenge the                                                                   
sponsor to remove it; however,  he did not want to go soft on                                                                   
the issue.                                                                                                                      
                                                                                                                                
Vice-Chair Stoltze told a story  of an accident that killed a                                                                   
pedestrian as a  result of careless driving.   He stated that                                                                   
there  is a  degree of  recklessness  associated from  taking                                                                   
sleeping pills & then driving.                                                                                                  
                                                                                                                                
Representative  Gara  questioned  how the  prosecution  would                                                                   
work with  the substance remaining  in the system for  a time                                                                   
after taking it.                                                                                                                
                                                                                                                                
Vice-Chair Stoltze  admitted that he  did not know  about the                                                                   
drugs and  did not know  if he wanted  to remove or  not that                                                                   
section from the bill.                                                                                                          
                                                                                                                                
6:34:26 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault asked  what currently,  could happen  if a                                                                   
person is charged with a "Driving  under the Influence" (DUI)                                                                   
while using one  of the listed drugs.  He asked  how it would                                                                   
be  measured.   Ms.  Carpeneti listed  three  ways to  commit                                                                   
drunk driving:                                                                                                                  
                                                                                                                                
   ·    Driving with alcohol in the blood stream of .08 and                                                                     
        above;                                                                                                                  
   ·    Driving under the influence of alcohol; or                                                                              
   ·    Driving under controlled substances.                                                                                    
                                                                                                                                
Ms. Carpeneti added  that a person could be  charged under AS                                                                   
28.35.030, the  drunk-driving statute  and that without  them                                                                   
listed  on  the  schedule,  they   would  not  be  considered                                                                   
"controlled substances" in Alaska.                                                                                              
                                                                                                                                
Co-Chair Chenault  asked if the  determination of  the amount                                                                   
in  the  system  would  be a  "judgment  call"  made  by  the                                                                   
arresting officer.  Ms. Carpeneti  acknowledged that it would                                                                   
be a judgment call by fact finding  the jury and the evidence                                                                   
would  be  the  driving,  the  behavior  after  stopped,  the                                                                   
sobriety test and some sort of blood test.                                                                                      
                                                                                                                                
Representative Kelly asked if  the referenced drugs were sold                                                                   
over the  counter.  Ms. Carpeneti  replied that they  are all                                                                   
prescription drugs.                                                                                                             
                                                                                                                                
Representative  Crawford  described  his  experience  with  a                                                                   
prescription sleep  drug and indicated  that he did  not know                                                                   
how much resides  in the system the next morning.   He wanted                                                                   
to  know more  about  how the  drug  works  before they  were                                                                   
included in the legislation.                                                                                                    
                                                                                                                                
6:37:57 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  asked the wish  of the sponsor.   Senator                                                                   
McGuire asked to remove it at  this time in order to get more                                                                   
information.   She  did  not want  to  see  the bill  include                                                                   
controversial matters.                                                                                                          
                                                                                                                                
Co-Chair  Chenault   WITHDREW  his  OBJECTION.     Vice-Chair                                                                   
Stoltze MOVED to WITHDRAW Amendment  5.  Following discussion                                                                   
on  what  the  amendment  actually  accomplishes,  Vice-Chair                                                                   
Stoltze  MOVED  to  ADOPT  Amendment  #5.    There  being  NO                                                                   
OBJECTION, it was adopted.                                                                                                      
                                                                                                                                
                                                                                                                                
AT EASE:       6:40:03 PM                                                                                                     
RECONVENED:    6:43:33 PM                                                                                                     
                                                                                                                                
                                                                                                                                
6:43:40 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze MOVED  to  ADOPT Amendment  6.   Co-Chair                                                                   
Chenault OBJECTED for discussion purposes.                                                                                      
                                                                                                                                
Senator McGuire pointed out that  if the amendment does pass,                                                                   
the  Committee   will  need  to   move  a  conforming   title                                                                   
amendment.                                                                                                                      
                                                                                                                                
Representative Fairclough  stated that the amendment  adds to                                                                   
existing code,  strengthened language  mandating reports  for                                                                   
child pornography.   It has been determined  that pornography                                                                   
is a precursor  to an escalated behavior with  crimes against                                                                   
children.  The language of the  amendment was brought forward                                                                   
by  community  members  that have  serviced  computers  while                                                                   
finding disturbing images.                                                                                                      
                                                                                                                                
Representative  Hawker  asked   clarification  regarding  the                                                                   
language of  the amendment  and if  it could clearly  address                                                                   
the legal  realm of child pornography.   He mentioned  the 1                                                                    
amendment  rights for  adults, the fine  line versus  illegal                                                                   
participation  against children.   Ms. Carpeneti  stated that                                                                   
Alaska  Statute  11.41.455 is  specific  and  would be  cross                                                                   
referenced in  a number of other  statutes in Title  11.  The                                                                   
amendment would replace a section  in current law that is not                                                                   
quite as broad.                                                                                                                 
                                                                                                                                
6:47:04 PM                                                                                                                    
                                                                                                                                
Representative  Crawford  asked   about  up  dating  personal                                                                   
computers and  what could  occur in a  case where  a person's                                                                   
teenagers had been using it inappropriately.   Representative                                                                   
Fairclough  understood  that the  computer  technician  would                                                                   
have to  report it to  a law enforcement  agency if  they had                                                                   
found  multiple  images  of child  pornography  and  then  an                                                                   
investigation would be started.                                                                                                 
                                                                                                                                
Representative Thomas questioned  neighborhood children using                                                                   
one's computer  for inappropriate  purposes.   Representative                                                                   
Fairclough reiterated that viewing  something on the computer                                                                   
is  different  than downloading  multiple  images,  which  is                                                                   
generally associated with storing.   Ms. Carpeneti added that                                                                   
the acts  that are described and  required to be  reported do                                                                   
not include words but rather images of indecent acts.                                                                           
                                                                                                                                
Representative Thomas  was worried.  Ms.  Carpeneti explained                                                                   
that the law  does not prohibit inadvertent  opening of email                                                                   
images.   She guaranteed that no  one can be held  liable for                                                                   
something that someone else has  done.  Senator McGuire added                                                                   
that the  duty is on  the person observing  the image  & once                                                                   
the report is  made, the investigation of the  report begins.                                                                   
Representative  Fairclough acknowledged  for the record  that                                                                   
existing  federal  law  passed   in  1999,  already  provides                                                                   
internet  service  providers  (ISP)  report  suspected  child                                                                   
pornography through the cyber-tip line.                                                                                         
                                                                                                                                
6:54:47 PM                                                                                                                    
                                                                                                                                
Representative  Gara inquired how  a person would  prove that                                                                   
they had not been the party that  attempted downloading child                                                                   
pornography.   Senator  McGuire  advised that  the bill  only                                                                   
requires  those   who  witness  the  image,   to  report  it.                                                                   
Regarding what is  prosecutable is a different  section & she                                                                   
did not know  those specifics.  Ms. Carpeneti  explained that                                                                   
the  Department  does not  prosecute  cases unless  they  can                                                                   
prove without a  reasonable doubt that the  person is guilty;                                                                   
inadvertent mistakes are not crimes.                                                                                            
                                                                                                                                
Representative  Gara wanted  to  understand  how the  statute                                                                   
works.    Ms.  Carpeneti  advised that  the  cases  that  the                                                                   
Department charges,  involve hundreds  & hundreds  of images.                                                                   
Representative   Fairclough  recounted   for  the   record  a                                                                   
specific  case in which  the arrested  person had  downloaded                                                                   
15,000  child pornography  images on their  computer.   These                                                                   
are  heavily loaded  computers  that draw  the attention  and                                                                   
that  most   of  these  people   are  duel  offenders,   with                                                                   
escalating behavior.                                                                                                            
                                                                                                                                
6:59:00 PM                                                                                                                    
                                                                                                                                
Representative Gara worried about  house-sitters using a home                                                                   
computer inappropriately and the  responsibility to the owner                                                                   
of  that  computer.    Vice-Chair  Stoltze  acknowledged  the                                                                   
complication with the prosecution;  however, pointed out that                                                                   
the amendment is only about the recording & reporting.                                                                          
                                                                                                                                
Co-Chair Chenault  inquired if  Amendment 6 would  require an                                                                   
additional fiscal note.  Senator McGuire did not think so.                                                                      
                                                                                                                                
Co-Chair  Chenault WITHDREW  his  OBJECTION.   Representative                                                                   
Gara OBJECTED.                                                                                                                  
                                                                                                                                
Representative  Gara  referenced  Lines  11  &  12,  language                                                                   
regarding  "report   the  observation  to  the   nearest  law                                                                   
enforcement agency".   He recommended replacing  that with "a                                                                   
local, state or federal enforcement  agency".  Representative                                                                   
Fairclough  did not  oppose that  change, however,  mentioned                                                                   
there could be an issue for rural Alaska.                                                                                       
                                                                                                                                
Representative  Gara  MOVED to  AMEND  Amendment  6 with  the                                                                   
language stated above.  Ms. Carpeneti  indicated concern; she                                                                   
thought  that   it  should  be   reported  to  a   State  law                                                                   
enforcement officer,  not only  the federal government  if it                                                                   
is a local concern.                                                                                                             
                                                                                                                                
Representative   Nelson   recommended   using   "to   a   law                                                                   
enforcement  agency".   Representative  Fairclough  responded                                                                   
that the  proposed language  had been specifically  prepared.                                                                   
When choices are offered, it can  provide areas of confusion.                                                                   
She hoped it  to see more mandatory reporting.   The proposed                                                                   
language had been presented by Legislative Legal Services.                                                                      
                                                                                                                                
7:04:32 PM                                                                                                                    
                                                                                                                                
Representative  Thomas   pointed  out  that  there   are  not                                                                   
troopers in every  community.  He asked if  the amendment had                                                                   
been   presented  on   the  Senate   side.     Representative                                                                   
Fairclough responded  that it was not addressed  and the bill                                                                   
had been set aside.                                                                                                             
                                                                                                                                
Representative  Hawker pointed  out that  the legal  drafters                                                                   
proposed   the   language   and    he   deferred   to   their                                                                   
recommendation.   Representative Fairclough  interjected that                                                                   
one issue was in regard to jurisdiction.   There is a federal                                                                   
law existing for the software for internet providers.                                                                           
                                                                                                                                
Representative Gara maintained his OBJECTION.                                                                                   
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:      Gara                                                                                                             
OPPOSED:       Hawker, Joule, Nelson, Stoltze, Thomas,                                                                          
               Foster, Chenault                                                                                                 
                                                                                                                                
Representative  Kelly, Representative  Crawford and  Co-Chair                                                                   
Meyer were not present for the vote.                                                                                            
                                                                                                                                
The MOTION FAILED (1-7).                                                                                                        
                                                                                                                                
7:08:58 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault   WITHDREW  his  OBJECTION   to  unamended                                                                   
Amendment  6.   There  being  NO  further OBJECTION,  it  was                                                                   
adopted.                                                                                                                        
                                                                                                                                
7:09:10 PM                                                                                                                    
                                                                                                                                
Representative   Gara  MOVED  to   ADOPT  Amendment   7,  25-                                                                   
LS1449\W.5,  Luckhaupt, 4/7/08.   Co-Chair Chenault  OBJECTED                                                                   
for discussion purposes.                                                                                                        
                                                                                                                                
Representative  Gara explained  that the amendment  clarifies                                                                   
that  if any  part of  the bill  is  determined invalid,  the                                                                   
remainder remains valid.                                                                                                        
                                                                                                                                
Co-Chair  Chenault WITHDREW  his OBJECTION.   There  being NO                                                                   
further OBJECTION, it was adopted.                                                                                              
                                                                                                                                
7:09:51 PM                                                                                                                    
                                                                                                                                
Representative  Gara  MOVED  to   ADOPT  Amendment  8,  which                                                                   
replaces "one year" with "eighteen  months" on Page 10, Lines                                                                   
15 and  19-20; Page  11, Lines  11 &  13.  Co-Chair  Chenault                                                                   
OBJECTED.                                                                                                                       
                                                                                                                                
Representative Gara  explained the amendment.   Ms. Carpeneti                                                                   
noted that  she had  spoken with  Representative Samuels  and                                                                   
that he had agreed it would be a reasonable compromise.                                                                         
                                                                                                                                
Co-Chair  Chenault WITHDREW  his OBJECTION.   There  being NO                                                                   
further OBJECTION, it was adopted.                                                                                              
                                                                                                                                
7:11:38 PM                                                                                                                    
                                                                                                                                
Senator McGuire  requested that  Amendment 9,  25-LS1449\W.7,                                                                   
Luckhaupt, 4/8/08, be WITHDRAWN.                                                                                                
                                                                                                                                
Vice-Chair Stoltze  MOVED to  ADOPT the necessary  conforming                                                                   
title  changes  to  accommodate   amendments  passed  by  the                                                                   
Committee.                                                                                                                      
                                                                                                                                
Senator  McGuire  requested  that Amendment  10  be  adopted.                                                                   
Amendment  10 would  change  the look-back  period,  deleting                                                                   
"10" and inserting  "15" years on  Page 3, Line 8,  & Page 4,                                                                   
Lines 25 & 29.                                                                                                                  
                                                                                                                                
Representative  Nelson   MOVED  to  ADOPT   the  conceptually                                                                   
proposed  Amendment  10  as  indicated  by  Senator  McGuire.                                                                   
There being NO OBJECTION, it was adopted.                                                                                       
                                                                                                                                
7:13:54 PM                                                                                                                    
                                                                                                                                
Representative  Nelson   asked  if  she  could   entertain  a                                                                   
conceptual Amendment #11, increasing  fines to match what the                                                                   
crime  bill accomplished  in  the House  Judiciary  Committee                                                                   
(HJC) on Page 3, Line 16, changing $3,000 to $10,000.                                                                           
                                                                                                                                
                                                                                                                                
AT EASE:       7:14:37 PM                                                                                                     
RECONVENE:     7:21:34 PM                                                                                                     
                                                                                                                                
                                                                                                                                
Representative  Nelson WITHDREW  the conceptual Amendment  11                                                                   
as proposed.   She noted  that consensus  was met to  see how                                                                   
the fines would affect mandatory minimum sentences.                                                                             
                                                                                                                                
Vice-Chair Stoltze  MOVED to ADOPT a conceptual  amendment to                                                                   
make the  necessary conforming  title changes to  comply with                                                                   
the adopted  amendments.   There being  NO OBJECTION,  it was                                                                   
adopted.                                                                                                                        
                                                                                                                                
7:22:43 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault referenced the fiscal notes.                                                                                  
                                                                                                                                
Co-Chair Meyer  understood that  the notes would  be changing                                                                   
with the  addition of the new  amendments.  He pointed  out a                                                                   
new note  from Department of Public  Safety in the  amount of                                                                   
$420 thousand  dollars and  a new note  by the Department  of                                                                   
Revenue for $60 thousand dollars.                                                                                               
                                                                                                                                
7:24:23 PM                                                                                                                    
                                                                                                                                
Senator  McGuire recalled  a presentation  provided by  Flint                                                                   
Waters regarding  internet child  pornography and  the volume                                                                   
of cases which exist in the State  of Alaska.  She emphasized                                                                   
the need  within the Department  of Public Safety  to address                                                                   
those cases,  indicating support  for the additional  funding                                                                   
request.                                                                                                                        
                                                                                                                                
7:26:00 PM                                                                                                                    
                                                                                                                                
LAUREN  RICE,  LEGISLATIVE  LIAISON,   DEPARTMENT  OF  PUBLIC                                                                   
SAFETY,  explained that  the Department  does have  available                                                                   
software  to track  the IT  addresses  of people  downloading                                                                   
pornography.   She maintained  that pornography and  violence                                                                   
is increasing  and the age is  getting younger.   The ability                                                                   
for  people  to  download,  view,  share  and  distribute  is                                                                   
increasing.    The Department  needs  additional  funding  to                                                                   
expand and to deal with those crimes.                                                                                           
                                                                                                                                
Co-Chair  Chenault  questioned  the two  temporary  positions                                                                   
listed  on  the  front.    He  pointed  out  that  the  final                                                                   
paragraph  lists position  funding for  one criminal  justice                                                                   
technician,  one Alaska  State Trooper  investigator and  the                                                                   
services of one  Department of Law attorney;  however, he did                                                                   
not think  the request matched  the analysis.   He maintained                                                                   
that  those  guilty  should  be   prosecuted  and  the  price                                                                   
requested was small  compared to the safety of  children.  He                                                                   
requested  that the Department  of Public  Safety speak  with                                                                   
him.                                                                                                                            
                                                                                                                                
7:30:28 PM                                                                                                                    
                                                                                                                                
Ms.  Rice  believed  that  the  specific  concern  should  be                                                                   
addressed by the Department of Law.                                                                                             
                                                                                                                                
Senator McGuire interjected  that it is not  just the viewing                                                                   
of child pornography, but that  the most disturbing situation                                                                   
is  that  they  are actually  able  to  view  children  being                                                                   
sexually abused in real time.                                                                                                   
                                                                                                                                
RICHARD   SVOBODNY,   DEPUTY   ATTORNEY   GENERAL,   CRIMINAL                                                                   
DIVISION, DEPARTMENT  OF LAW,  commented that he  had drafted                                                                   
the analysis contained  on the fiscal note.   He acknowledged                                                                   
that child pornography is a great  concern for the Department                                                                   
of  Law.   The model  across  the country  is  a team  effort                                                                   
between investigators  and prosecutors.  A different  type of                                                                   
investigation  has to  be accomplished  with specialized  and                                                                   
complicated   knowledge   about    computers   and   computer                                                                   
forensics.                                                                                                                      
                                                                                                                                
7:34:12 PM                                                                                                                    
                                                                                                                                
Co-Chair   Chenault   reiterated   his   concern   with   the                                                                   
differences  between the  front  and backside  of the  fiscal                                                                   
note.    Mr. Svobodny  recommended  that  the  Department  of                                                                   
Public   Safety    address   the   concern,    which   totals                                                                   
approximately $200 thousand dollars.                                                                                            
                                                                                                                                
Representative Hawker  asked if it would be  more appropriate                                                                   
for a  Department of Law's attorney  to be indicated  in that                                                                   
Department's  fiscal note.   Mr.  Svobodny  replied it  would                                                                   
however, the fiscal  note resulted from a request  by Senator                                                                   
McGuire.                                                                                                                        
                                                                                                                                
Ms.  Rice stated  that the  fiscal  note was  assembled in  a                                                                   
short period of  time.  The Department of Law  indicated that                                                                   
they would also  need increased resources.   She acknowledged                                                                   
that there should be a fiscal note from both departments.                                                                       
                                                                                                                                
Senator McGuire  clarified that the concerns  voiced by Flint                                                                   
Waters  should be  reflected.   She had not  spoken with  the                                                                   
Department of Law.                                                                                                              
                                                                                                                                
7:37:13 PM                                                                                                                    
                                                                                                                                
Representative Hawker  understood that the Department  of Law                                                                   
costs  would  be  around  $200   thousand  dollars  and  that                                                                   
Department  of Public  Safety would  need additional  dollars                                                                   
also.  He wanted specific numbers.                                                                                              
                                                                                                                                
Ms.  Rice  stated   that  it  was  not  decided   during  the                                                                   
discussions who would submit the  fiscal note.  At that time,                                                                   
it was  not going  to come from  Department of Public  Safety                                                                   
but rather from the House Finance Committee.                                                                                    
                                                                                                                                
Senator McGuire  requested that  Department of Public  Safety                                                                   
address the fiscal concern.                                                                                                     
                                                                                                                                
7:38:41 PM                                                                                                                    
                                                                                                                                
LIEUTENANT RODNEY DIAL, ALASKA  STATE TROOPERS, DEPARTMENT OF                                                                   
PUBLIC  SAFETY,  ANCHORAGE,  testified   via  teleconference,                                                                   
addressed the  fiscal note.   He thought that  the Department                                                                   
could use  two retired investigators  to get started.   There                                                                   
currently,  are   about  fifteen   backlogged  cases.     The                                                                   
Department  wants to  implement  something soon  so they  can                                                                   
begin addressing these situations.                                                                                              
                                                                                                                                
Co-Chair  Meyer  requested  notes   be  submitted  from  each                                                                   
department, representing their associated costs.                                                                                
                                                                                                                                
Representative  Joule  asked  if  with the  addition  of  the                                                                   
bootlegging sections,  the Alaska Court's should  also submit                                                                   
a note.                                                                                                                         
                                                                                                                                
Senator  McGuire apologized  about  the manner  in which  the                                                                   
fiscal notes came forward.  She explained the rush.                                                                             
                                                                                                                                
DOUG WOOLIVER, ADMINISTRATIVE  ATTORNEY, ALASKA COURT SYSTEM,                                                                   
addressed bootlegging  provisions, which  he did  not foresee                                                                   
warranting an additional note.                                                                                                  
                                                                                                                                
7:43:20 PM                                                                                                                    
                                                                                                                                
DWAYNE   PEEPLES,   DEPUTY   COMMISSIONER,    DEPARTMENT   OF                                                                   
CORRECTIONS,  stated that  he  did not  anticipate  a lot  of                                                                   
impact from bootlegging  and that some of the  other sections                                                                   
were more  difficult to make  a determination.   He commented                                                                   
that   the  Department   would   be  submitting   a   revised                                                                   
indeterminate note.                                                                                                             
                                                                                                                                
Representative  Gara did  not  want to  see an  indeterminate                                                                   
fiscal note but rather real numbers.   The Committee needs to                                                                   
know what costs  to expect.  Co-Chair Chenault  added that he                                                                   
too had requested "hard numbers".   He trusted an analysis of                                                                   
the issues but  added that it would be okay  if initially the                                                                   
note was indeterminate.                                                                                                         
                                                                                                                                
Representative Foster  MOVED to REPORT HCS CSSB  265(FIN) out                                                                   
of Committee  with  individual recommendations  and with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS CS SB 265(FIN)  was reported out of Committee  with a "do                                                                   
pass"  recommendation  and  with  2 new  zero  notes  by  the                                                                   
Department of Health  and Social Services, a  new fiscal note                                                                   
by the Department  of Public Safety & the Department  of Law,                                                                   
a new  indeterminate note by  the Department of  Corrections,                                                                   
fiscal note #2 by the Department  of Public Safety, zero note                                                                   
#5 by the Department of Administration  and fiscal note #6 by                                                                   
the Department of Revenue.                                                                                                      
                                                                                                                                
7:47:07 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 7:46 P.M.                                                                                          

Document Name Date/Time Subjects