Legislature(1993 - 1994)

02/16/1994 01:15 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                        February 16, 1994                                      
                            1:15 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice-Chair                                             
  Rep. Pete Kott                                                               
  Rep. Gail Phillips  (arrived 1:42)                                           
  Rep. Joe Green                                                               
  Rep. Cliff Davidson (arrived 2:30)                                           
  Rep. Jim Nordlund   (arrived 1:40)                                           
                                                                               
  OTHER MEMBERS PRESENT                                                        
                                                                               
  Rep. Sean Parnell                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  Special presentation regarding the Alaska Native Justice                     
  Center.                                                                      
                                                                               
                                                                               
  HB 349:   "An Act providing for the civil commitment of                      
            sexually violent predators."                                       
                                                                               
            HEARD AND HELD                                                     
                                                                               
  HB 415:   "An Act making corrective amendments to the Alaska                 
            Statutes as recommended by the revisor of the                      
            statutes; and providing for an effective date."                    
                                                                               
            AMENDED AND MOVED FROM COMMITTEE WITH INDIVIDUAL                   
            RECOMMENDATIONS                                                    
                                                                               
  HCR 28:   Relating to requesting the Governor to direct the                  
            Attorney General to undertake all available means                  
            to have the partial settlements agreed to by the                   
            state in Cleary v. Smith and the court orders                      
            issued in that case that imposed required                          
            conditions of confinement and continued monitoring                 
            and oversight of the correctional system by the                    
            courts dissolved or modified.                                      
                                                                               
            NOT HEARD                                                          
                                                                               
  HB 316:   "An Act adopting the Uniform Statutory Rule                        
            Against Perpetuities; and providing for an                         
            effective date."                                                   
                                                                               
            NOT HEARD                                                          
                                                                               
  HB 323:   "An Act authorizing the Bureau of Vital Statistics                 
            to release certain information for the purpose of                  
            organ and tissue donations."                                       
                                                                               
            NOT HEARD                                                          
                                                                               
  HB 292:   "An Act relating to civil actions; amending Alaska                 
            Rules of Civil Procedure 49 and 68; and providing                  
            for an effective date."                                            
                                                                               
            NOT HEARD                                                          
  WITNESS REGISTER                                                             
                                                                               
  KIMBERLY MARTUS                                                              
  Executive Director                                                           
  Alaska Native Justice Center                                                 
  670 W. Fireweed Lane                                                         
  Anchorage, Alaska  99503                                                     
  Phone:  265-5965                                                             
  POSITION STATEMENT:  Ms. Martus gave a presentation to the                   
                       committee regarding the new Alaska                      
                       Native Justice Center.                                  
                                                                               
  REP. SEAN PARNELL                                                            
  Alaska State Legislature                                                     
  State Capitol, Room 513                                                      
  Juneau, Alaska  99811                                                        
  Phone:  465-2995                                                             
  POSITION STATEMENT:  Prime Sponsor of HB 349                                 
                                                                               
  DEBORAH SMITH, Executive Director                                            
  Alaska Mental Health Board                                                   
  431 N. Franklin St., Number 101                                              
  Juneau, Alaska  99801                                                        
  Phone:  465-3071                                                             
  POSITION STATEMENT:  Testified in favor of HB 349                            
                                                                               
  CAPTAIN SHIRLEY WARNER                                                       
  Anchorage Police Department                                                  
  Co-Chair Anchorage Task Force on Sexual Assault                              
  4501 South Bragaw                                                            
  Anchorage, Alaska  99508                                                     
  Phone:  786-8500                                                             
  POSITION STATEMENT:  Testified in favor of HB 349                            
                                                                               
  CINDY SMITH, Executive Director                                              
  Alaska Network on Domestic Violence and Sexual Assault                       
  130 Seward Street, Number 501                                                
  Juneau, Alaska  99801                                                        
  586-3650                                                                     
  POSITION STATEMENT:  Testified in support of HB 349                          
                                                                               
  BRANT MCGEE, Director                                                        
  Office of Public Advocacy                                                    
  Department of Administration                                                 
  900 W. 5th Avenue, Suite 525                                                 
  Anchorage, Alaska  99501                                                     
  Phone:  272-1684                                                             
  POSITION STATEMENT:  Testified regarding HB 349 and                          
                       recommended changing "Office of Public                  
                       Advocacy" to "Public Defender"                          
                                                                               
  LEONARD ABEL                                                                 
  Community Mental Health Coordinator                                          
  Department of Health and Social Services                                     
  State Office Building, Room 503                                              
  Phone:  465-5030                                                             
  POSITION STATEMENT:  Testified on HB 349                                     
                                                                               
  MARGO KNUTH                                                                  
  Assistant Attorney General                                                   
  Criminal Division                                                            
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska  99811                                                        
  Phone:  465-3428                                                             
  POSITION STATEMENT:  Testified on HB 349                                     
                                                                               
  CHRIS CHRISTENSEN                                                            
  Staff Counsel                                                                
  Alaska Court System                                                          
  303 K Street                                                                 
  Anchorage, Alaska  99501                                                     
  Phone:  264-8228                                                             
  POSITION STATEMENT:  Testified regarding HB 349                              
                                                                               
  DAVE DIERDORFF                                                               
  Statute Revisor                                                              
  Legal Division                                                               
  Legislative Affairs Agency                                                   
  130 Seward Street, #409                                                      
  Juneau, Alaska  99801                                                        
  Phone:  465-6655                                                             
  POSITION STATEMENT:  Drafter of HB 415                                       
                                                                               
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 349                                                                
  SHORT TITLE: CIVIL COMMITMENT OF SEXUAL PREDATORS                            
  SPONSOR(S): REPRESENTATIVE(S) PARNELL,Toohey,Olberg,Sanders,                 
  Bunde                                                                        
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/07/94      2019    (H)   PREFILE RELEASED                                 
  01/10/94      2019    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2019    (H)   HES, JUDICIARY, FINANCE                          
  01/13/94      2056    (H)   COSPONSOR(S):  OLBERG                            
  01/26/94      2160    (H)   COSPONSOR(S):  SANDERS                           
  02/07/94              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/07/94              (H)   MINUTE(HES)                                      
  02/09/94      2310    (H)   HES RPT  CS(HES)  5DP 2NR 2AM                    
  02/09/94      2310    (H)   DP:  KOTT,BUNDE,TOOHEY,B.DAVIS,                  
                              BRICE                                            
  02/09/94      2310    (H)   NR:  OLBERG, NICHOLIA                            
  02/09/94      2310    (H)   AM:  VEZEY, G. DAVIS                             
  02/09/94      2311    (H)   -3 FISCAL NOTES (DHSS, LAW, ADM)                 
                              2/9/94                                           
  02/09/94      2311    (H)   -ZERO FISCAL NOTE (ADM) 2/9/94                   
  02/09/94      2311    (H)   REFERRED TO JUDICIARY                            
  02/09/94      2328    (H)   COSPONSOR(S):  BUNDE                             
  02/14/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 415                                                                
  SHORT TITLE: 1994 REVISOR'S BILL                                             
  SPONSOR(S): RULES BY REQUEST                                                 
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/31/94      2204    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/31/94      2204    (H)   JUDICIARY                                        
  02/14/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HCR 28                                                                
  SHORT TITLE: GET CLEARY ORDERS DISSOLVED OR CHANGED                          
  SPONSOR(S): REPRESENTATIVE(S) BARNES,PHILLIPS,WILLIAMS,                      
  TOOHEY,VEZEY,JAMES,MARTIN,FOSTER,PORTER,MULDER,OLBERG,                       
  GREEN,BUNDE,SANDERS,HUDSON,LARSON,KOTT,MACLEAN,HANLEY                        
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/19/94      2108    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/19/94      2108    (H)   JUDICIARY                                        
  01/26/94      2159    (H)   COSPONSOR(S):  HANLEY                            
  02/09/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
  02/09/94              (H)   MINUTE(JUD)                                      
  02/14/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 316                                                                
  SHORT TITLE: RULE AGAINST PERPETUITIES                                       
  SPONSOR(S): REPRESENTATIVE(S) MOSES                                          
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/03/94      2009    (H)   PREFILE RELEASED                                 
  01/10/94      2009    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2010    (H)   JUDICIARY                                        
  02/14/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 323                                                                
  SHORT TITLE: RELEASE OF CERTAIN DEATH CERT. INFO                             
  SPONSOR(S): REPRESENTATIVE(S) TOOHEY                                         
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/03/94      2011    (H)   PREFILE RELEASED                                 
  01/10/94      2011    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2011    (H)   HES, JUDICIARY                                   
  02/07/94              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/07/94              (H)   MINUTE(HES)                                      
  02/09/94      2309    (H)   HES RPT  CS(HES) NEW TITLE                       
                              7DP 1DNP 1NR                                     
  02/09/94      2309    (H)   DP:  BUNDE, VEZEY, G. DAVIS,                     
                              TOOHEY                                           
  02/09/94      2309    (H)   DP:  B. DAVIS, NICHOLIA, BRICE                   
  02/09/94      2309    (H)   DNP:  KOTT                                       
  02/09/94      2309    (H)   NR:  OLBERG                                      
  02/09/94      2309    (H)   -2 ZERO FISCAL NOTES (DHSS,                      
                              COURT) 2/9/94                                    
  02/16/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 292                                                                
  SHORT TITLE: CIVIL LIABILITY                                                 
  SPONSOR(S): LABOR & COMMERCE                                                 
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  04/23/93      1459    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/23/93      1459    (H)   L&C, JUDICIARY, FINANCE                          
  09/10/93              (H)   L&C AT 09:00 AM CAPITOL 17                       
  11/22/93              (H)   MINUTE(L&C)                                      
  01/27/94              (H)   L&C AT 03:00 PM CAPITOL 17                       
  01/27/94              (H)   MINUTE(L&C)                                      
  02/01/94              (H)   L&C AT 03:00 PM CAPITOL 17                       
  02/01/94              (H)   MINUTE(L&C)                                      
  02/03/94              (H)   L&C AT 03:00 PM CAPITOL 17                       
  02/03/94              (H)   MINUTE(L&C)                                      
  02/07/94      2280    (H)   L&C RPT  CS(L&C) NEW TITLE 3DP                   
                              4NR                                              
  02/07/94      2280    (H)   DP:  HUDSON, MULDER, PORTER                      
  02/07/94      2280    (H)   NR:  GREEN, WILLIAMS, SITTON,                    
                              MACKIE                                           
  02/07/94      2280    (H)   LETTER OF INTENT WITH L&C                        
  REPORT                                                                       
  02/07/94      2280    (H)   -ZERO FISCAL NOTE (LAW) 2/7/94                   
  02/16/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-22, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Standing Committee was called to order                   
  at 1:32 p.m. on February 16, 1994.  A quorum was present.                    
  Chairman Porter announced that the committee would hear a                    
  presentation from MS. KIMBERLY MARTUS, Executive Director of                 
  the Alaska Native Justice Center, prior to taking up the                     
  calendar.                                                                    
                                                                               
  SPECIAL PRESENTATION REGARDING THE ALASKA NATIVE JUSTICE                     
  CENTER                                                                       
                                                                               
  Number 029                                                                   
                                                                               
  KIMBERLY MARTUS, Executive Director, Alaska Native Justice                   
  Center (ANJC), began her presentation discussing the                         
  diversity of the group, which has a 25 person Board of                       
  Directors, comprised of business leaders from the Native                     
  regional corporations, members of the Native Bar                             
  Association, Public Defender, Prosecutor, FBI, and the                       
  Anchorage Police Department.  She said with the cross-                       
  section board and staff, which they hope to get, they hope                   
  to do some education about the status of Alaska Native                       
  people in the justice system.  Ms. Martus explained she                      
  wanted to discuss the status of the ANJC and the need to                     
  improve their status.                                                        
                                                                               
  MS. MARTUS continued, saying ANJC incorporated in 1993 as a                  
  nonprofit, and their overall mission is to advocate for                      
  Alaska Native people in the justice system, and her role as                  
  the executive director, since the justice system is so                       
  large, is to unpackage that system and do an analysis of all                 
  of the processes and see where Alaska Native people are                      
  experiencing the most difficulties.                                          
                                                                               
  MS. MARTUS discussed their profile and discussed a 1992                      
  Alaska Sentencing Report which indicates that although                       
  Alaska Native people comprise 16 percent of the state                        
  population, they are currently incarcerated at the rate of                   
  32 percent; 43 percent of these convictions are                              
  misdemeanant, 39 percent are for sex offenses, and 50                        
  percent are for second degree murder.  She said that only 25                 
  percent of Alaska Native inmates eventually obtain                           
  probational parole, yet the few that obtain it are pretty                    
  much revoked on technical violations at the rate of 42                       
  percent.  Ms. Martus cited statistics impacting Anchorage:                   
  for minors under the age of 18, the arrests for alcohol are                  
  at 42.4 percent, and the arrests for prostitution are at                     
  33.3 percent; and for those over the age of 18, 54.1 percent                 
  are arrested for domestic violence, 29.7 percent are                         
  arrested for disorderly conduct, 26.7 are arrested for sex                   
  offenses, 20.9 for drug arrests, 18.5 for alcohol offenses,                  
  and 18.2 for murder arrests.                                                 
                                                                               
  MS. MARTUS discussed victims of crime and said Natives are                   
  also over-represented as victims in that Alaska Native                       
  people are one of the most victimized groups in the state.                   
  She said 27 percent of the Standing Together Against Rape                    
  center case load is comprised of Alaska Natives, and as far                  
  as being victims of violence, the homicide rate for Alaska                   
  Natives is three times higher than the national average,                     
  meaning that 45 per 100,000 Alaska Natives die by homicide.                  
  Ms. Martus indicated that a Native man age 20 who never                      
  marries has a 25 percent chance of dying violently before                    
  the age 60, and Native females are four and a half times                     
  more likely to be murdered as the average U.S. female.  She                  
  said these are some of the conditions that influence Alaska                  
  Natives in their encounters with the justice system.                         
                                                                               
  Number 174                                                                   
                                                                               
  MS. MARTUS continued, discussing cultural factors that also                  
  complicate their encounters and result in unequal treatment                  
  in the justice system, and a cultural clash in the courts.                   
  Ms. Martus said that it isn't that Natives go into the                       
  system without a set of values or ethics, rather, they clash                 
  with the Western judicial proceedings, but commonly                          
  traditional Native values and ethics include the compulsion                  
  for full disclosure or truth telling, which in terms of                      
  confessions and Miranda rights causes a clash.  She said                     
  Native people often confess without representation, and                      
  another common Native value that comes in to play is not                     
  interfering, or nonconfrontation, and avoidance of conflict.                 
                                                                               
  MS. MARTUS discussed the Justice Center, saying this is the                  
  first time the Native community has organized and                            
  concentrated its resources on justice system issues and                      
  targeted the whole justice system with the goal of improving                 
  their status, and they cannot do this without the                            
  cooperation and support of the state justice agencies, which                 
  is why she wanted to familiarize the committee on what they                  
  are up to.  She said she is just in the process of                           
  identifying the justice agencies that they really need to                    
  work with.  Ms. Martus indicated in addition they are in the                 
  midst of fundraising, and their strategy is to work with the                 
  business and legal community, to look for grants for                         
  funding, and she would like to establish a relationship with                 
  political leaders and form partnerships towards this goal.                   
                                                                               
  MS. MARTUS concluded by discussing the financial cost of                     
  incarceration versus looking at more culturally relevant                     
  resources.  She indicated opposition to the proposed death                   
  penalty legislation and discussed how difficult it is to get                 
  the Native vote out, and their votes on an advisory ballot                   
  would be very diluted.  Ms. Martus discussed looking for                     
  funding for about five different programs; one to have                       
  Native justice advocates working with the Public Defender to                 
  assist and navigate the system and fill the cultural gaps                    
  that exist, and on the victim's assistance end, they would                   
  want to work with the traditional victim's assistants and                    
  prosecutor, especially focusing on domestic violence                         
  problems.  She said the other project is a legal education,                  
  know your rights campaign, and the third, a pro-bono program                 
  to represent people that fall in the cracks and are not                      
  eligible for Legal Services.  Ms. Martus said the fourth                     
  project they would like to do is be a clearinghouse and a                    
  preserver of the alternative dispute resolution entities                     
  that are alive and well in rural Alaska; and the fifth                       
  project which would include policy issues such as                            
  alternative punishment and working with the criminal justice                 
  system.                                                                      
                                                                               
  Number 353                                                                   
                                                                               
  REP. JAMES told Ms. Martus that she applauds her efforts and                 
  wishes her success.                                                          
                                                                               
  HCR 28 - GET CLEARY ORDERS DISSOLVED OR CHANGED                              
                                                                               
  Number 345                                                                   
                                                                               
  CHAIRMAN PORTER informed the committee that HCR 28 would be                  
  held until Friday, February 18, 1994, and the first bill on                  
  the calendar would be HB 349.                                                
                                                                               
  HB 349 - CIVIL COMMITMENT OF SEXUAL PREDATORS                                
                                                                               
  Number 355                                                                   
                                                                               
  REP. SEAN PARNELL, Prime Sponsor of HB 349, testified that                   
  HB 349 is an act that provides for the civil commitment of                   
  sexual predators, and recognizes that there are a special                    
  group of people that don't fall within the conventional                      
  civil commitment system, which are for people who get                        
  committed to Alaska Psychiatric Institute (API), where                       
  typically the time frame of commitment is short.  He said                    
  the time frame for treatment needs of this population is                     
  much more lengthy and expensive than the typical commitment                  
  procedures are designed for.  Rep. Parnell explained that HB
  349 would set up another category of civil commitment                        
  procedures for this group of people, and the bill recognizes                 
  that they have a personality disorder or mental abnormality                  
  that would predispose them to sexual offenses, and it                        
  recognizes that these people are entitled to treatment and                   
  should be confined.  Rep. Parnell said that most of the                      
  people that have committed a sexual offense have been                        
  incarcerated, and three months before their sentence is                      
  about to end, Department of Corrections will send a notice                   
  to the Attorney General's (AG's) Office telling them that a                  
  person who may fall within the definition of a sexual                        
  predator is about to be released.  He continued, saying the                  
  AG's Office then makes a determination whether they intend                   
  to petition for civil commitment, and if they do decide to                   
  do so, they file a petition with the Superior Court, and                     
  within 72 hours there is a probable cause hearing held at                    
  which the individual has a right to be present.  Rep.                        
  Parnell said if there is probable cause to believe the                       
  person is a sexual predator, a hearing is then scheduled for                 
  45 days within the date of the filing of the petition, and                   
  at the hearing the person the AG is attempting to commit has                 
  all the attendant constitutional rights of a trial, and the                  
  AG's Office has to prove beyond a reasonable doubt that this                 
  person is a sexually violent predator under the act.  Rep.                   
  Parnell explained that once that happens, the individual is                  
  transferred to the custody of the Department of Health and                   
  Social Services (DHSS) for custody care and confinement.                     
                                                                               
  Number 448                                                                   
                                                                               
  REP. PARNELL discussed questions that commonly come up, one                  
  of which is, is there a mechanism in the bill to prevent                     
  confinement for life.  The short answer is there is a                        
  mechanism in the bill that provides for annual examinations                  
  and the right to petition to the Court for release, and at                   
  the hearing the burden of proof falls on the AG's Office to                  
  show the individual is still a violent sexual predator and                   
  should still be committed.  He discussed other questions,                    
  including how many people would fall under this commitment                   
  law, and said the Department of Law has estimated it will                    
  prosecute two to three individuals a year; another question                  
  was how much will this cost?  He referred to the DHSS fiscal                 
  note and explained they were predicting about ten detainees                  
  a year and said he has asked them to revise it if necessary.                 
  Rep. Parnell then discussed the constitutionality of the                     
  bill, and said one of the primary areas of concern is the                    
  right to liberty and whether a person should be confined                     
  after they have served their sentence for a crime, but said                  
  HB 349 is modeled after a Washington sexual predator act                     
  that has been challenged on this ground as well as others,                   
  and the Washington Court found that where the state has a                    
  compelling interest in treating and confining these people,                  
  based upon their mental abnormality or personality disorder,                 
  and based upon their danger to society, the civil commitment                 
  process in Washington has been upheld and does not violate                   
  the constitutional provision of taking of liberty.  Rep.                     
  Parnell said the Court did find fault with several aspects                   
  of the law, which have been remedied in HB 349, including                    
  the treatment aspect of the bill.                                            
                                                                               
  Number 506                                                                   
                                                                               
  DEBORAH SMITH, Executive Director of the Alaska Mental                       
  Health Board, testified regarding HB 349 and discussed                       
  several comments from the Board, including making the                        
  distinction between those sex offenders that can be                          
  rehabilitated and those who can't.  She said the Board's                     
  real concern with the bill is that if it is a lock them up                   
  and throw away the key, that is not mental health treatment,                 
  it is protecting the public.  Ms. Smith indicated that there                 
  are some categories of sex offenders that can be treated,                    
  but what they have found is that what sex offenders                          
  treatment in the prisons is not necessarily appropriate for                  
  some population groups, and gave an example, citing the sex                  
  offenders who are developmentally disabled.                                  
                                                                               
  MS. SMITH urged the committee to look at the whole spectrum                  
  of sex offenders and how you are going to treat them, and                    
  said the Board suggested the committee look at sex offender                  
  registration, current treatment in prisons, and then HB 349                  
  could become part of that spectrum.  She said that the Board                 
  also has a problem with the DHSS fiscal note for HB 349 in                   
  which funding is out of the Mental Health Trust, and if this                 
  is not a treatment program, it is not an appropriate use of                  
  mental health trust money.                                                   
                                                                               
  Number 565                                                                   
                                                                               
  REP. PORTER observed that the administration of the penal                    
  system by constitution does address rehabilitation of the                    
  offender, but also addresses protection of the public, and                   
  said that is part of what HB 349 is about.                                   
                                                                               
  Number 572                                                                   
                                                                               
  REP. JAMES commented that she agrees that there are more                     
  pieces to the sex offender legislation and would like to get                 
  some of those pieces in the legislation here also.                           
                                                                               
  Number 577                                                                   
                                                                               
  CAPTAIN SHIRLEY WARNER, Anchorage Police Department and Co-                  
  Chair of the Task Force on Sexual Assault, testified in                      
  favor of HB 349 on behalf of both entities.  Capt. Warner                    
  discussed the high recidivism rate for sex offenders, and                    
  described one perpetrator that has served jail time, has                     
  committed a violent sexual assault on a woman in a                           
  wheelchair, and is currently stalking a woman working for                    
  the Department of Corrections, and said he would be a                        
  perfect candidate for commitment under this legislation.                     
  Ms. Warner suggested that the legislation would help both                    
  the perpetrator and the victims and urged the committee to                   
  support HB 349.                                                              
                                                                               
  Number 624                                                                   
                                                                               
  REP. PHILLIPS asked Captain Warner if the Task Force had                     
  looked at HB 349, and if they had any recommendations on the                 
  bill.                                                                        
                                                                               
  Number 629                                                                   
                                                                               
  CAPTAIN WARNER replied that the Task Force did not review it                 
  in great detail; however, they support the bill in essence                   
  and concept.                                                                 
                                                                               
  Number 638                                                                   
                                                                               
  CINDY SMITH, Executive Director of the Alaska Network on                     
  Domestic Violence and Sexual Assault, a coalition of twenty-                 
  two nonprofits around the state that work with victims of                    
  domestic violence and sexual assault.  Ms. Smith said they                   
  are pleased to support HB 349, and believe it would address                  
  several problems, including crime prevention.  She discussed                 
  the recidivism rate and said it ranges from about 80 to 95                   
  percent, and that some treatment lowers the rate, but it is                  
  not a cure.  Ms. Smith described a current case where a sex                  
  offender convicted of first degree sexual assault and                        
  kidnapping from Washington moved to Homer, and the Homer                     
  Police were notified, but because Alaska doesn't have a sex                  
  offender registration, they could not publicize it.  She                     
  said within three weeks of moving to Homer, he committed a                   
  crime with the same M/O, and said for this individual it                     
  wasn't a question of if, it was a question of when.  She                     
  cited other examples of sex offenders in Alaska repeating                    
  their crimes after being released from prison.                               
                                                                               
  Number 690                                                                   
                                                                               
  MS. SMITH continued, saying the commitment law won't fix                     
  that unilaterally, that is actually a law that is fairly                     
  specific and applies to a small number of people, but the                    
  intent is not punitive, rather it is to try and provide                      
  treatment, and try and fix the problem.  She said we are not                 
  successful in treating individuals in jail, and her                          
  organizations thinks this bill will work.                                    
                                                                               
  Number 700                                                                   
                                                                               
  REP. PORTER said for the record that he too hopes that by                    
  the end of the session, Alaska will have a sexual offenders                  
  registration law.                                                            
                                                                               
  Number 716                                                                   
                                                                               
  BRANT MCGEE, Director, Office of Public Advocacy, testified                  
  on the fiscal aspect of HB 349, citing the requirement of a                  
  Public Advocate, but said there is a better and cheaper way                  
  to provide representation, and that is through the Public                    
  Defender's Agency.  He said the reason is that the Public                    
  Defender is likely to have represented these individuals on                  
  prior charges, and in addition, many times his staff will                    
  not be able to represent them, because it is not uncommon                    
  for the perpetrators who have done their crime against                       
  children, and his staff is already acting on behalf of the                   
  child, which would cause a conflict and they would have to                   
  hire private attorneys to take over the case, which is the                   
  most expensive way to do business.  Mr. McGee encouraged the                 
  committee to change the representation from the Office of                    
  Public Advocacy to the Public Defender's Office.                             
                                                                               
  Number 758                                                                   
                                                                               
  REP. PARNELL responded that he thinks the change would tend                  
  to make people think the civil commitment is a criminal                      
  matter versus a civil matter.                                                
                                                                               
  Number 769                                                                   
                                                                               
  MR. MCGEE responded that the Public Defender's Office                        
  provides representation in civil cases as well as criminal                   
  and that they have specialists in the civil procedures.                      
                                                                               
  Number 788                                                                   
                                                                               
  REP. PORTER said he thought for the purposes of the record                   
  with the information Mr. McGee has provided that both                        
  agencies have civil and criminal responsibilities, and in                    
  the interest of reduced budget, it might be appropriate for                  
  the first agency to be the Public Defender.  He said the                     
  committee would discuss it when they take up specific                        
  amendments.                                                                  
                                                                               
  Number 798                                                                   
                                                                               
  LEONARD ABEL, Community Health Director for DHSS, testified                  
  that the DHSS would be the recipient of this new class of                    
  committed patients, and generally DHSS is cooperative and                    
  supportive of SB 349, as they believe some people need to be                 
  off the street to protect society.  He said the way the bill                 
  is structured it does that and also provides an avenue for                   
  treatment for a population that is not considered "mentally                  
  ill," but they do have a very severe, very disabling mental                  
  disorder that very severely limits their capacity to                         
  function socially, legally and morally.  Mr. Abel indicated                  
  that there is a chance for these people, but it involves                     
  long-term treatment, with highly specialized staff, and DHSS                 
  is concerned about where this treatment would take place,                    
  which hinges on the number of people, and also issues like                   
  least restrictive.                                                           
                                                                               
  MR. ABEL discussed DHSS's fiscal note that looks at the                      
  possibility of needing two ten-bed, fairly secure                            
  residential facilities and that was based on the                             
  consideration of least restrictive, and also by focusing on                  
  other institutions such as API and their mission.  He said                   
  DHSS's estimates may be too high, but their approach is                      
  still to use a residential facility that would have security                 
  measures.  Mr. Abel indicated the department is also                         
  concerned about the funding, and cited other groups of                       
  people that are easier to treat, and they would not like to                  
  see funds removed from those treatment programs to focus on                  
  this particular population.  He said, however, that the                      
  department is generally supportive of HB 349, given these                    
  concerns.                                                                    
                                                                               
  Number 857                                                                   
                                                                               
  REP. JAMES questioned whether a ten bed residential unit                     
  would be the place to house these people, because the                        
  individuals committed would not want to be confined with                     
  nothing to do, and not being particularly productive in some                 
  way.                                                                         
                                                                               
  TAPE 94-22, SIDE B                                                           
  Number 000                                                                   
                                                                               
  MR. ABEL indicated that this is not a population that can be                 
  given weekend passes and such.                                               
                                                                               
  Number 016                                                                   
                                                                               
  REP. PORTER asked if the ten-bed unit was envisioned as a                    
  wing on API or a stand-alone facility.                                       
                                                                               
  Number 022                                                                   
                                                                               
  MR. ABEL said they were looking at a separate facility, but                  
  that was when the estimate was ten or more people a year,                    
  and if it is closer to two or three people per year,                         
  speaking for himself, not DHSS because he has not discussed                  
  it with other officials, but perhaps API could absorb the                    
  population.                                                                  
                                                                               
  Number 073                                                                   
                                                                               
  REP. GREEN discussed the fiscal note, and treatment, but not                 
  necessarily a cure and long-term treatment and asked if the                  
  fiscal note was based on a long period of time.  He also                     
  asked, if the legislation involved incarceration, would DHSS                 
  withdraw its support?                                                        
                                                                               
  Number 090                                                                   
                                                                               
  MR. ABEL responded that the fiscal note was based on long-                   
  term treatment, and if treatment was deleted they would                      
  withdraw their support.                                                      
                                                                               
  Number 102                                                                   
                                                                               
  REP. NORDLUND asked if it was possible to begin treatment                    
  during criminal incarceration.                                               
                                                                               
  Number 120                                                                   
                                                                               
  REP. PARNELL discussed the distinction between voluntary and                 
  involuntary treatment, and said inmates can refuse                           
  treatment.                                                                   
                                                                               
  Number 133                                                                   
                                                                               
  REP. PORTER said there is sex offender treatment available                   
  in prisons, but one problem is the first time offender often                 
  gets released before a treatment program can begin, another                  
  problem is the prisoner can refuse treatment, and finally,                   
  prisoners are often furloughed without receiving any                         
  treatment.  He said if an individual is committed, the                       
  intent is for treatment.                                                     
                                                                               
  Number 186                                                                   
                                                                               
  REP. NORDLUND responded that if treatment was introduced                     
  earlier in the process, it might save money.                                 
                                                                               
  The committee discussed treatment options available through                  
  the Department of Corrections and the cost of treatment in                   
  correctional settings and as proposed under HB 349 and the                   
  constitutional impact of mandating a program that other                      
  legislatures would have to fund.                                             
                                                                               
  Number 291                                                                   
                                                                               
  REP. PORTER closed the hearing to public testimony and asked                 
  for amendments, along with requesting testimony from Margo                   
  Knuth.                                                                       
                                                                               
  Number 320                                                                   
                                                                               
  MARGO KNUTH, Assistant Attorney General, Department of Law,                  
  testified that for preventative detention, one theory is                     
  that you cannot take someone you think is dangerous, just to                 
  keep them from committing crimes, and you need both                          
  dangerousness and mental illness.  She said the definition                   
  of mental illness has been something that's treatable, and                   
  if you can't treat it, it's something else and all of the                    
  civil commitment proceedings fall apart.  Ms. Knuth                          
  continued and said another school of thought is that you can                 
  be mentally ill and not treatable and still be mentally ill.                 
                                                                               
  MS. KNUTH explained the Court's interpretation, whereby a                    
  person that is anti-social cannot be committed, and the                      
  answer is to increase prison sentences for the crime of                      
  sexual assault in the first degree and deal with them                        
  criminally instead.  She told the committee that they need                   
  to have on the record the premise of mental illness, and it                  
  helps if there is any indication they are treatable.  Ms.                    
  Knuth indicated a problem the bill might run into is the                     
  argument that it really is a criminal proceeding and not a                   
  separate civil proceeding and it violates double jeopardy.                   
  She said the answer to that is the mental illness and                        
  treatment factors, but it is the double jeopardy arguments                   
  she expects to hear most frequently.  Ms. Knuth concluded                    
  that the greatest help for the bill is a strong factual                      
  showing of the possibility of treatment.  She discussed                      
  amendments to strengthen the bill and said the committee                     
  would get to them at some point in the hearing.                              
                                                                               
  Number 394                                                                   
                                                                               
  REP. PORTER said it seems to him that there is an anomalous                  
  situation, if you take the approach that would seem to be                    
  cleaner cut; i.e., criminal, then you have all the                           
  constitutional questions that come in from that; but when                    
  you try to deal with it on the other spectrum you've got                     
  just the opposite considerations.  Rep. Porter asked for                     
  amendments.                                                                  
                                                                               
  Number 412                                                                   
                                                                               
  REP. PHILLIPS, for the purposes of discussion, moved                         
  Amendment No. 1.                                                             
                                                                               
  Number 422                                                                   
                                                                               
  REP. PARNELL indicated that the work draft was before the                    
  committee and that Amendment No. 1 clarifies some of the                     
  problems that were identified by the Washington Supreme                      
  Court, as well as cleans up some language.  Rep. Parnell                     
  discussed line 28, page 3, where it says that within 45 days                 
  of filing the petition, Amendment No. 1 would insert the                     
  words "and following a judicial determination of probable                    
  cause."  He then discussed page 4, line 5, which cleans up                   
  examiner language to add the words "expert or professional."                 
  Rep. Parnell said on page 5, line 25, after correction                       
  facility, what came up was a person could actually be                        
  confined for up to a year without being notified of their                    
  right to an annual examination and hearing, and this                         
  addresses that when a person is committed, they are told of                  
  this right.                                                                  
                                                                               
  Number 486                                                                   
                                                                               
  MS. KNUTH addressed the immunity provision for the state                     
  agency and employees of the agency and said the bill                         
  currently offers immunity for any good faith conduct under                   
  the act.  He explained that good faith protects you from                     
  paying the dollars at the end of the judgement, but it                       
  doesn't protect you at all from being sued, and on one hand                  
  it is unpalatable for some people that the state be given                    
  absolute immunity, but on the other hand it's costing a lot                  
  of dollars to be defending the number of tort cases that we                  
  are seeing, and the immunity section will protect the state.                 
                                                                               
  Number 523                                                                   
                                                                               
  REP. PHILLIPS asked if HB 277, Indemnification for Public                    
  Employees, which passed out of House Judiciary last week,                    
  didn't do what Ms. Knuth was describing.                                     
                                                                               
  Number 527                                                                   
                                                                               
  REP. PORTER replied that HB 277 provided individual                          
  liability, not state.                                                        
                                                                               
  Number 540                                                                   
                                                                               
  REP. NORDLUND asked about gross negligence.                                  
                                                                               
  Number 550                                                                   
                                                                               
  MS. KNUTH said it was the same thing as non-good faith, and                  
  that she probably could find out what the proper phrase was                  
  that would allow liability for outrageous conduct.                           
                                                                               
  Number 561                                                                   
                                                                               
  REP. PARNELL indicated that he didn't have a problem with                    
  amending the amendment to drop that particular language at                   
  this point, and then another amendment could be offered at a                 
  later time.                                                                  
                                                                               
  Number 565                                                                   
                                                                               
  REP. JAMES replied that she thought we could take any good                   
  faith out now and then maybe find something else to put in                   
  there.                                                                       
                                                                               
  Number 570                                                                   
                                                                               
  MS. KNUTH indicated that intentional misconduct would                        
  satisfy her concerns.                                                        
                                                                               
  Number 582                                                                   
                                                                               
  REP. PORTER said the committee should probably leave good                    
  faith in HB 349 rather than take it out and not have                         
  something in place, and moved to amend the amendment by                      
  deleting page 7, line 31.                                                    
  Number 636                                                                   
                                                                               
  THE COMMITTEE SUBSTITUTE FOR HB 349 WAS MOVED WITHOUT                        
  OBJECTION.                                                                   
                                                                               
  Number 673                                                                   
                                                                               
  AMENDMENT NO. 1 WAS AMENDED AND MOVED WITHOUT OBJECTION.                     
                                                                               
  Number 675                                                                   
                                                                               
  REP. PORTER directed Ms. Knuth and Rep. Parnell to page 4,                   
  second paragraph (b), line 13, "the court or jury shall                      
  determine beyond a reasonable doubt whether the person is a                  
  sexually violent predator."  He continued, saying if a                       
  finding of sexual motivation is necessary, and asked if the                  
  state had a crime for which the element is "sexually                         
  motivated?"                                                                  
                                                                               
  Number 686                                                                   
                                                                               
  MS. KNUTH responded no, and said what's going on is that all                 
  sex offenses automatically qualify for this type of                          
  proceeding, but other felonies also qualify -- murder,                       
  robbery, etc., and what this is saying is that if you are a                  
  non-sex offense offender, then the state can still try to                    
  civilly commit you if the state finds that the crime, which                  
  wasn't a sex offense, nonetheless was sexually motivated.                    
  She said the classic example is the person who ends up being                 
  convicted for murder when it was murder/rape, so what would                  
  be required there is simply showing that the charge and                      
  conviction was murder, but the offense was a sex offense.                    
                                                                               
  Number 701                                                                   
                                                                               
  REP. PARNELL refereed the committee to their bill packets                    
  which contained profiles of the types of offenders who are                   
  confined in Washington at this time, and it will demonstrate                 
  the worst of the worst.                                                      
                                                                               
  Number 714                                                                   
                                                                               
  REP. PORTER indicated that he sees what it is HB 349 is                      
  seeking to do, but he has some difficulty with alleging that                 
  a finding of sexual motivation is necessary to classify the                  
  offense as a sexually violent offense.                                       
                                                                               
  Number 720                                                                   
                                                                               
  MS. KNUTH responded, saying what HB 349 is saying is if the                  
  offense that's being alleged is an offense for which the                     
  finding of sexual motivation is necessary, then the state                    
  has to prove that beyond a reasonable doubt.  Ms. Knuth said                 
  the motivation part is the hardest part to prove,                            
  particularly when we know rape isn't a sex crime, it's a                     
  power crime, so analytically it makes sense, but in terms of                 
  practical terms, there is something troublesome there.                       
                                                                               
  Number 738                                                                   
                                                                               
  REP. PORTER asked if the Washington case spoke to proof                      
  beyond a reasonable doubt and if HB 349 would have to use                    
  that stringency, and if you could not use preponderance                      
  instead.                                                                     
                                                                               
  MS. KNUTH replied that she didn't know, but what might be                    
  easier to change is the terminology; sexual motivation is                    
  something the Washington law used, but maybe Alaska could                    
  refer to something that goes to conduct rather than                          
  motivation.  She indicated that she could work with the                      
  sponsor to come up with language focusing on conduct instead                 
  of motivation.                                                               
                                                                               
  Number 757                                                                   
                                                                               
  REP. GREEN expressed a concern that once an individual is                    
  committed and they have the right to an annual review, would                 
  this cause an undue burden on Department of Law?                             
                                                                               
  Number 765                                                                   
                                                                               
  MS. KNUTH responded that a burden, yes, but as far as an                     
  undue burden, she doesn't know, it is not avoidable.                         
                                                                               
  Number 781                                                                   
                                                                               
  REP. PORTER asked if the committee objected to making the                    
  Public Defender the primary agency in charge of commitments.                 
                                                                               
  Number 787                                                                   
                                                                               
  REP. PARNELL said he still had concerns about that and the                   
  issue deserved more scrutiny.                                                
                                                                               
  Number 790                                                                   
                                                                               
  REP. JAMES indicated she shared Rep. Parnell's concern with                  
  the perception of using the Public Defender versus the                       
  Office of Public Advocacy.                                                   
                                                                               
  Number 803                                                                   
                                                                               
  REP. PORTER explained that the state has a Public Defender                   
  and an Office of Public Advocacy and they sound pretty                       
  close, and he thinks the consideration will ultimately be                    
  fiscal, and if the committee can get enough information on                   
  the record that they mean confinement, not incarceration,                    
  that they mean civil procedure, not criminal procedure, that                 
  they mean an attempt at treatment, although they recognize                   
  that is one difficult process, that within the                               
  constitutional requirements of making this bill meant the                    
  constitutional restrictions that obviously exist.  He said                   
  at the same time, he doesn't think it would be deleterious                   
  with that on the record, to save some money and if the                       
  Public Defender can save two-thirds of the work by already                   
  having a record of this case, then so be it.                                 
                                                                               
  Number 820                                                                   
                                                                               
  REP. PARNELL said he wanted to return to the treatment                       
  portion of HB 349 and put some things on the record, and                     
  asked the chairman if he wanted to resolved the Public                       
  Defender issue first.                                                        
                                                                               
  Number 823                                                                   
                                                                               
  REP. PORTER suggested that Rep. Parnell make a note of these                 
  concerns and any others that come up, then the committee                     
  would hold the bill until he comes back with other                           
  amendments addressing those concerns.                                        
                                                                               
  MS. KNUTH indicated that from the Department of Law's                        
  perspective, it does not make any difference which agency                    
  handles it, and to the Court of Appeals, the treatment issue                 
  is more important than any of the other trappings, and she                   
  does believe it's true that the Public Defender's Office                     
  handles all civil commitment proceedings, in which case it                   
  does make sense for them to do this as well.                                 
                                                                               
  Number 833                                                                   
                                                                               
  REP. NORDLUND asked for a fiscal note from the Public                        
  Defender's Agency.                                                           
                                                                               
  Number 840                                                                   
                                                                               
  REP. PORTER discussed another issue that came up previously                  
  in regard to the appointment of the examiner and whether it                  
  should be the responsibility of the Court rather than the                    
  agency.                                                                      
                                                                               
  Number 849                                                                   
                                                                               
  CHRIS CHRISTENSEN, General Counsel to the Judicial Branch,                   
  testified regarding three sections in the bill, and said the                 
  way Alaska does things is a little different than in                         
  Washington where the judge appoints both the counsel and the                 
  psychiatrists to do the examinations.  Mr. Christensen                       
  indicated that in Alaska the individual gets their public                    
  defender or public advocate and that person goes out and                     
  hires whatever expert they think they need, which is funded                  
  out of their budget, so all the costs of representation are                  
  in one agency's budget.  He said the way HB 349 has been                     
  drafted directs the Office of Public Advocacy to perform                     
  some functions, and the Court to appoint the examiner.  Mr.                  
  Christensen recommended the new draft reflect only one                       
  agency's involvement.                                                        
                                                                               
  TAPE 94-23, SIDE A                                                           
  Number 000                                                                   
                                                                               
  MS. KNUTH indicated that the Court in Washington said if you                 
  are in that category the state must also show a recent overt                 
  act of showing dangerousness, and she expects an amendment                   
  will be forthcoming that would include that as well, and                     
  added that it's not required when a person has been                          
  incarcerated because, presumably, there has been no                          
  opportunity for this recent display of dangerousness.                        
                                                                               
  Number 016                                                                   
                                                                               
  REP. GREEN asked if the fact that you may have someone                       
  committed for a violent sex crime, and he has already served                 
  his time, and now it's his review period, does the fact that                 
  he was committed in the first place act in the state's                       
  interest of showing this guy still isn't well?                               
                                                                               
  Number 018                                                                   
                                                                               
  MS. KNUTH said she didn't know; however, a conviction will                   
  certainly help establish that this was a dangerous person,                   
  but they will still need expert testimony on the mental                      
  illness question, and the best sexual offender treatment                     
  program the state has is Highland Mountain Correction                        
  Center.  She said she understands it actually has worked for                 
  some sex offenders, but the problem is it is too small, and                  
  there is a long waiting list for it, so they have made it                    
  available to the most serious offenders close to when they                   
  are being released.  Ms. Knuth indicated that it has been a                  
  resource issue, so sex offenders can't start in it and stay                  
  in it the whole length of their criminal sentences.                          
                                                                               
  Number 054                                                                   
                                                                               
  REP. GREEN asked, what is the situation now with respect to                  
  this kind of individual if we didn't have this kind of                       
  statute?                                                                     
                                                                               
  Number 060                                                                   
                                                                               
  MS. KNUTH responded that they sigh.                                          
                                                                               
  Number 067                                                                   
                                                                               
  REP. PORTER told the committee that he will hold HB 349                      
  until Rep. Parnell is ready with new amendments, and then                    
  they will hear it at the next meeting.                                       
                                                                               
  HB 349 WAS HELD FOR FURTHER ACTION.                                          
  REP. PORTER then called for HB 415.                                          
                                                                               
  HB 415 - 1994 REVISOR'S BILL                                                 
                                                                               
  Number 088                                                                   
                                                                               
  DAVE DIERDORFF, Legislative Affairs Agency, Legal Counsel,                   
  testified that HB 415 mainly fixes problems in earlier                       
  legislation transferring the Alaska Energy Authority to the                  
  Department of Community and Regional Affairs.  He said they                  
  discovered the problems before the Governor signed the                       
  legislation and came up with the amendments in HB 415,                       
  Sections 6 through 15, made it available to the executive                    
  branch and they have been acting since the Governor signed                   
  the bill as though this were the law.  Mr. Dierdorff                         
  explained the intent was to transfer these functions without                 
  change in the terms of the dynamic relationship, and these                   
  amendments simply complete the job that wasn't completed                     
  last year when the law passed, which is why these sections                   
  are made retroactive to the effective date of that                           
  particular law.                                                              
                                                                               
  MR. DIERDORFF discussed Section 1, which just restates the                   
  law so it is clearer to those who read it, and what it                       
  really means, which is a portion of the permanent fund is                    
  exempt and a portion isn't.  He discussed Section 2, which                   
  codifies an Alaska Court of Appeals decision, taking a                       
  definition from one part of the law and applying it to                       
  another, and they agree that decision was correct.  Mr.                      
  Dierdorff continued with Section 3, which is a conforming                    
  amendment to make sure that the language of the King Salmon                  
  tags is the same throughout the statutes, which was an                       
  oversight last year in the Omnibus (inaudible) bill.                         
                                                                               
  MR. DIERDORFF discussed Sections 4 and 5, which change                       
  boilerplates to match other boilerplates.  He said Section                   
  16 takes care of an oversight in last year's Executive Order                 
  84.  He said it doesn't even belong in the revisors bill,                    
  but was a favor to the Department of Law.  He said it                        
  relates to the sunset date for the Human Relations                           
  Commission of 1993, and under the law that means it's not                    
  here anymore, so you really need to address the sunset or                    
  lack thereof, and the committee could take this provision                    
  out and the Human Relations Commission won't have a sunset                   
  date, or it can be taken out and the committee can ask the                   
  Health, Education and Social Services Committee to consider                  
  a bill addressing it, or can change the name and let it be.                  
  Mr. Dierdorff said his preference is to take it out of there                 
  because it doesn't belong in HB 415.                                         
                                                                               
  Number 238                                                                   
                                                                               
  MR. DIERDORFF continued discussing Section 17, which gets                    
  rid of reference to a division that doesn't exist in that                    
  form anymore.  He said the repealers are pretty straight                     
  forward.  Mr. Dierdorff referenced an amendment in front of                  
  the committee which takes care of a mistake made several                     
  years ago to include elk as a domestic mammal lawfully                       
  owned.  They were conforming this definition to the Elk Game                 
  Farming statutes, and Fish and Game asked them to go back to                 
  the law as it was so they can enforce the game laws with                     
  respect to all elk except those that are in licensed elk                     
  forms, and this would close the loophole regarding certain                   
  things relating to regulation and control of elk.  Mr.                       
  Dierdorff said the effective date would go back to the                       
  original legislation.  Finally, they have added one item to                  
  the repealers and that is simply a redundancy in the law                     
  that needs to be taken care of.                                              
                                                                               
  Number 300                                                                   
                                                                               
  REP. PHILLIPS moved Amendment No. 1, and hearing no                          
  objection it was so moved.                                                   
                                                                               
  AMENDMENT NO. 1 WAS ADOPTED.                                                 
                                                                               
  Number 311                                                                   
                                                                               
  REP. PORTER asked for additional explanation about Section                   
  16.                                                                          
                                                                               
  Number 339                                                                   
                                                                               
  MR. DIERDORFF said in the executive order the Governor used                  
  to consolidate the commissions into the Human Relations                      
  Commission, including the Women's Commission, they realized                  
  after the fact that an error had been made, but what he has                  
  been saying is that because that sunset date has passed now,                 
  there is a bigger question.  He continued, saying in January                 
  of 1993 it would have made a lot more sense to do it,                        
  because then you still had some time to look at it to decide                 
  to extend it or not, but in 1994 it's a little harder to                     
  rationalize it being here.                                                   
                                                                               
  Number 342                                                                   
                                                                               
  REP. PHILLIPS moved to delete Section 16 from HB 415 and                     
  turn it over to the HESS Committee.                                          
                                                                               
  AMENDMENT NO. 2 WAS SO MOVED.                                                
                                                                               
  REP. DAVIDSON made the motion to move HB 415 out of                          
  committee as amended with individual recommendations.                        
  Hearing no objection, it was so moved.                                       
                                                                               
  CSHB 415 (JUD) WAS MOVED FROM COMMITTEE WITH INDIVIDUAL                      
  RECOMMENDATIONS.                                                             
                                                                               
  ADJOURNMENT                                                                  
  CHAIRMAN PORTER adjourned the meeting at 3:31 p.m.                           
  HB 323 - WAS NOT HEARD TODAY                                                 
  HB 292 - WAS NOT HEARD TODAY                                                 

Document Name Date/Time Subjects