Legislature(1999 - 2000)

03/03/1999 01:10 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE JUDICIARY STANDING COMMITTEE                                                                                     
                   March 3, 1999                                                                                                
                     1:10 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Pete Kott, Chairman                                                                                              
Representative Norman Rokeberg                                                                                                  
Representative Jeannette James                                                                                                  
Representative Lisa Murkowski                                                                                                   
Representative Eric Croft                                                                                                       
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Joe Green                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 9                                                                                                    
Urging the President of the United States and the Congress to act                                                               
to ensure that federal agencies do not retain records relating to                                                               
lawful purchase or ownership of firearms gathered through the Brady                                                             
Handgun Bill instant check system.                                                                                              
                                                                                                                                
     - MOVED CSHJR 9(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 3(RLS)                                                                                                   
"An Act relating to the crimes of murder, solicitation to commit                                                                
murder in the first degree, conspiracy to commit murder in the                                                                  
first degree, manslaughter, and criminally negligent homicide;                                                                  
relating to homicides of children; relating to registration as a                                                                
sex offender or child kidnapper; relating to the crime of                                                                       
interference with custody of a child or incompetent person; and                                                                 
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE                                                                                 
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5                                                                                         
"An Act relating to vouchers for education; and providing for an                                                                
effective date."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 83                                                                                                               
"An Act relating to the licensing of, acts and practices of, notice                                                             
filings required of, duties of, registration of, capitalization of,                                                             
financial requirements for, bonding of, coordinated securities                                                                  
examinations of, recordkeeping by, and documents filed by certain                                                               
securities occupations; relating to public entity investment pools;                                                             
relating to investment advisory contracts; relating to the                                                                      
examination of records of certain securities occupations; relating                                                              
to federal covered securities; relating to the registration of                                                                  
securities; relating to the general exemptions for securities and                                                               
transactions; relating to offers of securities on the Internet;                                                                 
relating to the confidentiality of investigative files under the                                                                
Alaska Securities Act; relating to the payment by certain                                                                       
securities occupations of expenses and fees of investigations and                                                               
examinations; relating to petitions to superior court by the                                                                    
administrator to reduce civil penalties to judgment; exempting                                                                  
certain violations of the Alaska Securities Act from criminal                                                                   
penalties; relating to time limitations in bringing court actions                                                               
for violations of the Alaska Securities Act; relating to the                                                                    
affirmative defense of timeliness in court actions relating to                                                                  
securities; prohibiting certain lawsuits involving buyers of                                                                    
securities; relating to time limitations for bringing court actions                                                             
involving the receipt of a written offer related to securities;                                                                 
relating to offers to repay buyers of securities; relating to                                                                   
notification of certain securities occupations regarding                                                                        
administrative hearings;  relating to fees established by the                                                                   
administrator; relating to a sale, a purchase, or an offer to sell                                                              
or purchase under the Alaska Securities Act; relating to the                                                                    
locations of offers to buy or sell; relating to consent to service;                                                             
amending the Alaska Securities Act definitions of 'agent,'                                                                      
'broker-dealer,' 'person,' 'Securities Act of 1933,' and                                                                        
'security;' defining for purposes of the Alaska Securities Act                                                                  
'advisory client,' 'advisory fee,' 'advisory services,' 'Bank                                                                   
Holding Company Act of 1956,' 'clients who are natural persons,'                                                                
'federal covered adviser,' 'federal covered security,' 'Federal                                                                 
Deposit Insurance Act,' 'Home Owners' Loan Act,' 'investment                                                                    
adviser representative,' 'Investment Advisers Act of 1940,'                                                                     
'investment advisory business,' 'investment advisory contract,'                                                                 
'Investment Company Act of 1940,' 'NASDAQ,' 'National Securities                                                                
Markets Improvement Act of 1996,' 'notice filing,' 'place of                                                                    
business,' 'principal place of business,' 'Securities Exchange Act                                                              
of 1934,' 'securities business,' 'state investment adviser,'                                                                    
'substantial portion of the business,' 'supervised person,' and                                                                 
'viatical settlement'; relating to the title of the Alaska                                                                      
Securities Act; relating to the definitions in the Alaska                                                                       
Securities Act of 'assignment' and 'investment adviser'; relating                                                               
to implementation of the changes to the Alaska Securities Act; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 67                                                                                                               
"An Act relating to release of certain persons alleged to have                                                                  
committed certain sexual offenses."                                                                                             
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 3                                                                                                                
"An Act relating to controlled substances and to the possession and                                                             
distribution of certain chemicals."                                                                                             
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HJR  9                                                                                                                    
SHORT TITLE: DESTROY BRADY BILL RECORDS                                                                                         
SPONSOR(S): REPRESENTATIVES(S) CROFT, James, Dyson, Green, Brice,                                                               
Therriault, Berkowitz, Foster, Harris, Coghill, Hudson, Morgan,                                                                 
Halcro, Austerman, Ogan, Kott, Cowdery, Phillips, Smalley,                                                                      
Whitaker                                                                                                                        
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/27/99        92     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/27/99        92     (H)  STATE AFFAIRS, JUDICIARY                                                                            
 1/29/99       106     (H)  COSPONSOR(S):  FOSTER, HARRIS,                                                                      
                            COGHILL                                                                                             
 2/01/99       121     (H)  COSPONSOR(S): HUDSON, MORGAN, HALCRO                                                                
 2/01/99       121     (H)  COSPONSOR(S): AUSTERMAN                                                                             
 2/08/99       172     (H)  COSPONSOR(S): OGAN, KOTT, COWDERY                                                                   
 2/12/99       209     (H)  COSPONSOR(S): PHILLIPS                                                                              
 2/16/99       227     (H)  COSPONSOR(S): SMALLEY                                                                               
 2/18/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 2/18/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 2/18/99               (H)  MINUTE(STA)                                                                                         
 2/19/99       250     (H)  STA RPT  5DP 1NR 1AM                                                                                
 2/19/99       250     (H)  DP: JAMES, SMALLEY, COGHILL, HUDSON,                                                                
 2/19/99       250     (H)  WHITAKER; NR: KERTTULA; AM: OGAN                                                                    
 2/19/99       250     (H)  ZERO FISCAL NOTE (H.STA)                                                                            
 2/19/99       250     (H)  REFERRED TO JUD                                                                                     
 2/19/99       268     (H)  COSPONSOR(S): WHITAKER                                                                              
 3/03/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
BILL: SB   3                                                                                                                    
SHORT TITLE: CRIMES OF MURDER & CHILD MURDERS                                                                                   
SPONSOR(S): SENATOR(S) HALFORD, Phillips, Donley, Green, Leman,                                                                 
Taylor, Pearce, Lincoln, Kelly Pete, Kelly Tim, Ward, Miller,                                                                   
Mackie                                                                                                                          
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        13     (S)  PREFILED RELEASED - 1/8/99                                                                          
 1/19/99        13     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        13     (S)  JUD, FIN                                                                                            
 1/22/99               (S)  JUD AT  1:30 PM BELTZ ROOM 211                                                                      
 1/22/99               (S)  MOVED OUT OF COMMITTEE                                                                              
 1/22/99               (S)  MINUTE(JUD)                                                                                         
 1/25/99        76     (S)  JUD RPT      3DP 1NR                                                                                
 1/25/99        76     (S)  DP: TAYLOR, HALFORD, ELLIS;NR:                                                                      
                            TORGERSON                                                                                           
 1/25/99        76     (S)  FISCAL NOTE (COR)                                                                                   
 1/25/99        76     (S)  INDETERMINATE FN (ADM-2)                                                                            
 1/25/99        76     (S)  ZERO FISCAL NOTE (LAW)                                                                              
 2/02/99               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 2/02/99               (S)  MINUTE(FIN)                                                                                         
 2/02/99       135     (S)  FIN RPT  9DP                                                                                        
 2/02/99       135     (S)  DP: TORGERSON, PARNELL, PHILLIPS,                                                                   
                            GREEN,                                                                                              
 2/02/99       135     (S)  PETE KELLY, ADAMS, WILKEN, LEMAN,                                                                   
                            DONLEY                                                                                              
 2/02/99       135     (S)  PREVIOUS INDETERMINATE FNS                                                                          
                           (ADMINISTRATION-2)                                                                                   
 2/02/99       135     (S)  PREVIOUS ZERO FN (LAW)                                                                              
 2/02/99       135     (S)  PREVIOUS FN (COR)                                                                                   
 2/16/99               (S)  RLS AT 11:40 AM FAHRENKAMP RM 203                                                                   
 2/16/99               (S)  MINUTE(RLS)                                                                                         
 2/17/99        269    (S)  RULES TO CALENDAR AND COMMITTEE                                                                     
                            SUBSTITUTE NEW TITLE                                                                                
 2/17/99       269     (S)  PREVIOUS FN (COR)                                                                                   
 2/17/99       269     (S)  PREVIOUS INDETERMINATE FNS (ADM-2)                                                                  
 2/17/99       269     (S)  PREVIOUS ZERO FN (LAW)                                                                              
 2/18/99       293     (S)  READ THE SECOND TIME                                                                                
 2/18/99       294     (S)  RLS  COMMITTEE SUBSTITUTE ADOPTED                                                                   
                            UNAN CONSENT                                                                                        
 2/18/99       294     (S)  ADVANCED TO THIRD READING UNAN                                                                      
                            CONSENT                                                                                             
 2/18/99       294     (S)  READ THE THIRD TIME  CSSB 3(RLS)                                                                    
 2/18/99       294     (S)  COSPONSOR(S): PEARCE, LINCOLN, PETE                                                                 
 2/18/99       294     (S)  KELLY, TIM KELLY, WARD, MILLER,                                                                     
                            MACKIE                                                                                              
 2/18/99       294     (S)  PASSED Y19 E1                                                                                       
 2/18/99       295     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                                                                   
 2/18/99       297     (S)  TRANSMITTED TO (H)                                                                                  
 2/19/99       248     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/19/99       248     (H)  JUDICIARY, FINANCE                                                                                  
 3/03/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
BILL: HB   5                                                                                                                    
SHORT TITLE: VOUCHER SYSTEM FOR EDUCATION                                                                                       
SPONSOR(S): REPRESENTATIVES(S) KOHRING, Coghill                                                                                 
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        19     (H)  PREFILE RELEASED 1/8/99                                                                             
 1/19/99        19     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        19     (H)  HES, FINANCE                                                                                        
 2/05/99       147     (H)  COSPONSOR(S): COGHILL                                                                               
 2/10/99       184     (H)  SPONSOR SUBSTITUTE                                                                                  
                            INTRODUCED-REFERRALS                                                                                
 2/10/99       184     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/10/99       184     (H)  HES, FINANCE                                                                                        
 2/16/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 2/16/99               (H)  HEARD AND HELD                                                                                      
 2/23/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 2/23/99               (H)  WAIVED OUT OF COMMITTEE                                                                             
 2/24/99       306     (H)  HES REFERRAL WAIVED                                                                                 
 2/24/99       307     (H)  JUD REFERRAL ADDED                                                                                  
 2/24/99       307     (H)  REFERRED TO JUD                                                                                     
 3/03/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
BRIAN JUDY, Alaska State Liaison                                                                                                
National Rifle Association of America                                                                                           
Institute for Legislative Action                                                                                                
555 Capitol Mall, Suite 455                                                                                                     
Sacramento, California 95814                                                                                                    
Telephone:  (916) 446-2455                                                                                                      
POSITION STATEMENT:   Testified in support of HJR 9.                                                                            
                                                                                                                                
CARL ROSIER, Vice President                                                                                                     
Alaska Outdoor Council;                                                                                                         
Board Member, Territorial Sportsman Incorporated                                                                                
8298 Garnet Street                                                                                                              
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 789-9117                                                                                                      
POSITION STATEMENT: Testified in support of HJR 9.                                                                              
                                                                                                                                
DEL SMITH, Deputy Commissioner                                                                                                  
Department of Public Safety                                                                                                     
P.O. Box 111200                                                                                                                 
Juneau, Alaska 99811-1200                                                                                                       
Telephone:  (907) 465-4322                                                                                                      
POSITION STATEMENT:                                                                                                             
                                                                                                                                
SCOTT T. CALDER                                                                                                                 
P.O. Box 75011                                                                                                                  
Fairbanks, Alaska 99707                                                                                                         
Telephone:  (907) 474-0174                                                                                                      
POSITION STATEMENT: Testified in support of HJR 9, and testified                                                                
                    against SB 3.                                                                                               
                                                                                                                                
JULI LUCKY, Researcher                                                                                                          
   for Senator Rick Halford                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 121                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4958                                                                                                      
POSITION STATEMENT:  Provided sponsor statement for SB 3.                                                                       
                                                                                                                                
SENATOR RICK HALFORD                                                                                                            
Alaska State Legislature                                                                                                        
Capitol Building, Room 121                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4958                                                                                                      
POSITION STATEMENT:  Sponsor of SB 3.                                                                                           
                                                                                                                                
DAVID HUDSON, First Sergeant                                                                                                    
Division of Alaska State Troopers                                                                                               
Department of Public Safety                                                                                                     
5700 East Tudor Road                                                                                                            
Anchorage, Alaska 99507-1225                                                                                                    
Telephone:  (907) 269-5655                                                                                                      
POSITION STATEMENT:  Testified on SB 3.                                                                                         
                                                                                                                                
BLAIR McCUNE, Deputy Director                                                                                                   
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
900 West 5th Avenue, Suite 200                                                                                                  
Anchorage, Alaska 99501-2090                                                                                                    
Telephone:  (907) 264-4400                                                                                                      
POSITION STATEMENT:  Testified on SB 3.                                                                                         
                                                                                                                                
ROBIN LOWN, Vice President                                                                                                      
Alaska Peace Officers Association                                                                                               
P.O. Box 33885                                                                                                                  
Juneau, Alaska 99803                                                                                                            
Telephone:  (907) 463-7188                                                                                                      
POSITION STATEMENT:  Testified in support of SB 3.                                                                              
                                                                                                                                
ANNE D. CARPENETI, Assistant Attorney General                                                                                   
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law                                                                                                               
P.O. Box 110300                                                                                                                 
Juneau, Alaska 99811-0300                                                                                                       
Telephone:  (907) 465-3428                                                                                                      
POSITION STATEMENT:  Testified in support of SB 3.                                                                              
                                                                                                                                
RANDY LORENZ, Researcher                                                                                                        
   for Representative Vic Kohring                                                                                               
Alaska State Legislature                                                                                                        
Capitol Building, Room 421                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2186                                                                                                      
POSITION STATEMENT:  Presented sponsor statement for SSHB 5.                                                                    
                                                                                                                                
ANNE KILKENNY                                                                                                                   
P.O. Box 870163                                                                                                                 
Wasilla, Alaska 99687                                                                                                           
Telephone:  (907) 376-6225                                                                                                      
POSITION STATEMENT:  Testified on SSHB 5.                                                                                       
                                                                                                                                
JOHN CYR, President                                                                                                             
National Education Association-Alaska                                                                                           
114 Second Street                                                                                                               
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 586-3090                                                                                                      
POSITION STATEMENT:  Testified against SSHB 5.                                                                                  
                                                                                                                                
CECILIA PALIVODA                                                                                                                
H.C. 60, Box 4497                                                                                                               
Delta Junction, Alaska 99737                                                                                                    
Telephone:  (907) 895-1074                                                                                                      
POSITION STATEMENT:  Testified on SSHB 5.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-9, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN PETE KOTT called the House Judiciary Standing Committee                                                                
meeting to order at 1:10 p.m.  Members present at the call to order                                                             
were Representatives Kott, Murkowski, Rokeberg, Croft and Kerttula.                                                             
Representative James arrived at 1:30 p.m.                                                                                       
                                                                                                                                
                                                                                                                                
HJR 9 - DESTROY BRADY BILL RECORDS                                                                                              
                                                                                                                                
CHAIRMAN KOTT announced the first order of business is HJR 9,                                                                   
Urging the President of the United States and the Congress to act                                                               
to ensure that federal agencies do not retain records relating to                                                               
lawful purchase or ownership of firearms gathered through the Brady                                                             
Handgun Bill instant check system.                                                                                              
                                                                                                                                
CHAIRMAN KOTT called on Representative Eric Croft, sponsor of the                                                               
bill.                                                                                                                           
                                                                                                                                
Number 0123                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated HJR 9 deals with a conflict between the                                                             
statutes authorizing the instant check system for gun purchases of                                                              
the Brady Handgun Bill and the regulations promulgated pursuant to                                                              
those statutes.  In other words, the regulations implementing the                                                               
instant check system do not fit with the statutes.  The Brady                                                                   
Handgun Bill specifically said that there will not be a federal                                                                 
registry of lawful gun owners.  The language from the Brady Handgun                                                             
Bill reads, "all records shall be destroyed of the system with                                                                  
respect to the call other than the identifying number and date and                                                              
all records system relating to the person or transfer."  In his                                                                 
opinion, that language is clear.  The regulations originally said                                                               
that records could be kept for 18 months then it was reduced to 6                                                               
months, and as Representative Murkowski noted before the meeting                                                                
started a possible further reduction was considered on February 28,                                                             
1999.  He is not aware of the results of that meeting, however.  It                                                             
was not a matter of revisiting whether or not to keep the records                                                               
at all, but just a change in the period of retention.  Although the                                                             
statute passed by Congress, did not say immediately destroy, there                                                              
is a difference between the term "keeping" and the term                                                                         
"destroying".  In this case, the regulations propose keeping not                                                                
destroying.                                                                                                                     
                                                                                                                                
Number 0349                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked Representative Croft if it is                                                                    
reduced to a 48-hour retention for example, as the result of the                                                                
review, what would that do to the joint resolution.                                                                             
                                                                                                                                
Number 0375                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT replied if it is reduced to zero the                                                                       
resolution is not needed.  Forty-eight hours makes it less                                                                      
troublesome, but any keeping of records is troublesome from a legal                                                             
standpoint because the regulations do not comply with the statutes.                                                             
In addition, this is such a hot topic and a well-known concern in                                                               
the gun owner community that a conscious decision should be made up                                                             
front.  Mr. Del Smith from the Department of Public Safety will                                                                 
testify that the state did not need to keep this information for                                                                
audits or any other purposes when it managed the information.  An                                                               
audit can be done with the identifying number and date - what the                                                               
statute allows.                                                                                                                 
                                                                                                                                
Number 0504                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Representative Croft whether he is aware of any                                                             
abuses in regards to record keeping.                                                                                            
                                                                                                                                
REPRESENTATIVE CROFT replied keeping records is an abuse, but he is                                                             
not aware of them being used for any other purposes.                                                                            
                                                                                                                                
REPRESENTATIVE KOTT opened the meeting up to public testimony.                                                                  
                                                                                                                                
Number 0570                                                                                                                     
                                                                                                                                
BRIAN JUDY, Alaska State Liaison, National Rifle Association of                                                                 
America (NRA), Institute for Legislative Action, testified via                                                                  
teleconference from California.  He is speaking on behalf of the                                                                
NRA members in Alaska in strong support of HJR 9.  In 1993, the NRA                                                             
worked closely with Congress in drafting the law that created the                                                               
national instant check system - the Brady Handgun Bill.  The main                                                               
inference of the NRA was to ensure privacy for firearm owners, and                                                              
one of the provisions was to destroy the records.  The Brady                                                                    
Handgun Bill says that no governmental agency may require any                                                                   
record to be recorded or transferred at a governmental facility and                                                             
that facility can't use a system to create a registration system or                                                             
transaction, except with respect to those prohibited from receiving                                                             
a firearm.  The Brady Handgun Bill specifically says that all                                                                   
records will be destroyed for law abiding citizens, except for the                                                              
transaction identification number and the date of transaction.                                                                  
History has shown that firearm registration systems have led to                                                                 
firearm confiscation mandates, and NRA members clearly understand                                                               
that the creating of a gun registration system is a major step                                                                  
towards the destruction of the Second Amendment of the U.S.                                                                     
Constitution.  In addition, he agrees with Representative Croft                                                                 
that any retention - 18 months, 6 months, 48 hours - is contrary to                                                             
the law for law abiding citizens.  Furthermore, of the hundreds of                                                              
thousands that the Brady Handgun Bill has stopped from purchasing                                                               
firearms only about seven have been prosecuted.  In conclusion, he                                                              
reiterated the law provides that information be maintained on the                                                               
bad guys and that zero information be maintained on the law abiding                                                             
citizens.                                                                                                                       
                                                                                                                                
Number 0814                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Mr. Judy whether he is aware of any abuses of                                                               
information currently being held.                                                                                               
                                                                                                                                
MR. JUDY replied keeping records is an abuse of the law and                                                                     
contrary to its intent, but he doesn't know whether they have been                                                              
used for any particular person.                                                                                                 
                                                                                                                                
Number 0848                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Mr. Judy how the Brady Handgun Bill                                                               
squares with local jurisdictions and requirements for handgun                                                                   
registrations.                                                                                                                  
                                                                                                                                
Number 0874                                                                                                                     
                                                                                                                                
MR. JUDY replied it is a question that hasn't been resolved.  He                                                                
cited the state of California maintains records of handgun                                                                      
purchasers.  He explained the federal law only restricts the                                                                    
maintenance of records by the federal government.  But, the extent                                                              
that California is acting as an agent of the federal government,                                                                
for example, is a question that hasn't been resolved.  It is                                                                    
feasible that the state may be prohibited from maintaining records                                                              
as well.  A lot of gun owners would like to see that happen.                                                                    
                                                                                                                                
Number 1016                                                                                                                     
                                                                                                                                
CARL ROSIER, Vice President, Alaska Outdoor Council (AOC); Board                                                                
Member, Territorial Sportsman Incorporated (TSI), testified in                                                                  
Juneau.  For many years these organizations have been strong                                                                    
supporters of shooting sports as well as a citizen's right to                                                                   
purchase, use and keep firearms in a responsible manner.  It is a                                                               
pleasure to see the strong bipartisan support of HJR 9 reflected in                                                             
the sponsorship and cosponsorship.  These organizations believe                                                                 
that the Brady Handgun Bill clearly indicated that once the instant                                                             
check was completed there is no justification or rationale for                                                                  
maintenance of records on a legally qualified buyer.  These                                                                     
organizations believe that it is a subversion of the law with                                                                   
further potential to invade rights of law abiding citizens.  Who                                                                
knows how the information will be used?  Who knows who might have                                                               
access to those records?  What prevents a 6-month retention of                                                                  
records from being extended to 12 months?  What law abiding citizen                                                             
wishes to have a Federal Bureau of Investigation (FBI) file for a                                                               
day let alone six months for simply purchasing a legal firearm?                                                                 
The Brady Handgun Bill was quite clear in its intent and once again                                                             
federal agencies are attempting to go beyond the congressional                                                                  
authority granted to them.  Those efforts, if not corrected, do                                                                 
nothing but undermine the trust of government by law abiding                                                                    
citizens.  These organizations strongly support HJR 9 and urge the                                                              
legislature to move it through the legislative process                                                                          
expeditiously.  He said, "Let's protect the provision of our Second                                                             
Amendment rights."                                                                                                              
                                                                                                                                
Number 1161                                                                                                                     
                                                                                                                                
DEL SMITH, Deputy Commissioner, Department of Public Safety,                                                                    
testified in Juneau.  From 1994 to November 30, 1998, under the                                                                 
original provisions of the Brady Handgun Bill, the state did not                                                                
retain any records of those legally authorized to purchase a                                                                    
weapon.  The records were immediately destroyed within a couple of                                                              
minutes.  He cited during that time 57,500 checks were done by                                                                  
state and local law enforcement agencies of which 1,532 were                                                                    
denied.  Nationally,  there were 242,000 rejections out of 10.4                                                                 
million requests to purchase a firearm.                                                                                         
                                                                                                                                
Number 1249                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Mr. Smith to explain the reasons why 1,532                                                                  
would be denied a permit.                                                                                                       
                                                                                                                                
MR. SMITH replied primarily they would be prohibited or denied a                                                                
permit because of crimes committed, mental issues, or domestic                                                                  
violence convictions, for example.                                                                                              
                                                                                                                                
Number 1307                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Mr. Smith whether there are any                                                                   
municipal registration requirements for firearms in the state.                                                                  
                                                                                                                                
MR. SMITH replied not that he knows of.                                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Mr. Smith whether there is a                                                                      
prohibition in statute prohibiting that.                                                                                        
                                                                                                                                
MR. SMITH replied he can't quote one off the top of his head.                                                                   
According to his understanding, the registration of firearms is                                                                 
neither required nor allowed.  In fact, under the concealed handgun                                                             
program, the state makes sure that no records are kept other than                                                               
what a person qualifies with and that information is not available                                                              
to anybody but the Department of Public Safety.                                                                                 
                                                                                                                                
Number 1392                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT called for an at-ease at 1:32 p.m. and called the                                                                 
meeting back to order at 1:34 p.m.                                                                                              
                                                                                                                                
Number 1401                                                                                                                     
                                                                                                                                
SCOTT T. CALDER testified via teleconference from Fairbanks.  He                                                                
referred to page 2, line 4, "WHEREAS the actions of the FBI are                                                                 
contrary to both the letter and the spirit of the Brady Handgun                                                                 
Bill and further erode the constitutional right of Alaskans to keep                                                             
and bear arms;".  He stated it is a real important concept and the                                                              
people need to hear about it more from the legislators.  This type                                                              
of concern is the reason for the Second Amendment of the U.S.                                                                   
Constitution.  One of the reasons there are social problems                                                                     
attributed to gun ownership, bad weather, bad parents and                                                                       
everything else is because there is this type of intrusion into our                                                             
daily lives.  He applauded the sponsor of the resolution and                                                                    
encouraged any method to make it stronger or find a way to                                                                      
participate without being threatened.                                                                                           
                                                                                                                                
CHAIRMAN KOTT noted that any infringement upon a federal                                                                        
constitutional right is alarming.                                                                                               
                                                                                                                                
Number 1543                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Representative Croft why a copy of                                                                
the resolution is not being directed to the director of the FBI.                                                                
                                                                                                                                
REPRESENTATIVE CROFT replied he should have thought of that.  He                                                                
has no objection to including it.                                                                                               
                                                                                                                                
Number 1564                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG made a conceptual motion to include the                                                                 
director of the FBI in the "COPIES" section of the resolution.                                                                  
There being no objection, it was so moved.                                                                                      
                                                                                                                                
Number 1600                                                                                                                     
                                                                                                                                
CHAIR JAMES made a motion to move HJR 9, as amended, from the                                                                   
committee with individual recommendations.  There being no                                                                      
objection, CSHJR 9(JUD) was so moved from the House Judiciary                                                                   
Standing Committee.                                                                                                             
                                                                                                                                
                                                                                                                                
CSSB 3(RLS) - CRIMES OF MURDER & CHILD MURDERS                                                                                  
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is, CSSB 3(RLS),                                                             
"An Act relating to the crimes of murder, solicitation to commit                                                                
murder in the first degree, conspiracy to commit murder in the                                                                  
first degree, manslaughter, and criminally negligent homicide;                                                                  
relating to homicides of children; relating to registration as a                                                                
sex offender or child kidnapper; relating to the crime of                                                                       
interference with custody of a child or incompetent person; and                                                                 
providing for an effective date."                                                                                               
                                                                                                                                
CHAIRMAN KOTT called on Juli Lucky, staff to Senator Rick Halford,                                                              
sponsor of the bill.                                                                                                            
                                                                                                                                
Number 1638                                                                                                                     
                                                                                                                                
JULI LUCKY, Researcher for Senator Rick Halford, Alaska State                                                                   
Legislature, stated the bill should be familiar to the committee                                                                
members.  It was heard last year as SB 218 and received seven due                                                               
passes.  It is basically the same bill.  Senator Halford would like                                                             
to send a clear message with this bill, that being "if you kill a                                                               
child you will go to jail for a long time."  She cited the                                                                      
Tellsworth case whereby a child was killed by a day care provider                                                               
and the mother of that child had to go through a long trial,                                                                    
pleading and sentencing.  She referred to a letter dated July 23,                                                               
1998 from the Department of Law to Senator Randy Phillips that                                                                  
says, "Indeed, were it not for the powerful and moving testimony                                                                
and letters of Linda Tellsworth and her family and friends, we                                                                  
might not have gotten the sentence that we did in the recent case                                                               
of the murder of Kyle Tellsworth."  The judge in this case stated                                                               
during sentencing that the criminal would probably get five and                                                                 
one-half years due to good time and suspended sentencing.  That was                                                             
the reason for sponsoring this type of legislation.  Under SB 3,                                                                
the criminal would have to spend substantially more time.  Ms.                                                                  
Lucky stated the bill does the following:                                                                                       
                                                                                                                                
     - adds a new form of first-degree murder when the death                                                                    
     of a child results from the commission or attempt of                                                                       
     kidnapping or of a sexual offense;                                                                                         
                                                                                                                                
     - expands the crime of felony murder to include sexual                                                                     
     abuse of a minor in the first and second degrees;                                                                          
                                                                                                                                
     - adds a new form of second-degree murder when a death of                                                                  
     a child was caused with criminal negligence and the                                                                        
     offender has a previous conviction of certain crimes                                                                       
     against a child;                                                                                                           
                                                                                                                                
     - elevates criminally negligent homicide from a class C                                                                    
     to a class B felony;                                                                                                       
                                                                                                                                
     - establishes a twenty year mandatory minimum sentence                                                                     
     for a person convicted of a murder of a child under the                                                                    
     age of sixteen;                                                                                                            
                                                                                                                                
     - increases the mandatory minimum sentence from five to                                                                    
     seven years for manslaughter, when the victim is a child                                                                   
     under the age of sixteen;                                                                                                  
                                                                                                                                
     - establishes a new sentencing provision, which allows                                                                     
     for a term of un-suspended imprisonment that exceeds the                                                                   
     presumptive term, for certain felony offenses if the                                                                       
     victim is a child under the age of sixteen;                                                                                
                                                                                                                                
     - expands the crime of custodial interference in the                                                                       
     first degree to include the act of keeping a child or                                                                      
     incompetent person outside of the state; and                                                                               
                                                                                                                                
     - elevates solicitation of murder to an unclassified                                                                       
     felony.                                                                                                                    
                                                                                                                                
Number 1756                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI stated last year the bill enjoyed                                                                      
unanimous bipartisan support, and asked Ms. Lucky what the                                                                      
differences are between last year's bill and this year's bill.                                                                  
                                                                                                                                
MS. LUCKY replied there are a few inclusions in this year's bill.                                                               
The first inclusion ups solicitation of first-degree murder to an                                                               
unclassified felony bringing it in-line with crimes of conspiracy                                                               
to commit first-degree murder.  Another inclusion deals with sex                                                                
offender registration.  Senator Halford believes that an attempt to                                                             
commit a crime of sexual abuse or assault of a minor should be                                                                  
registered in the sex offender registry.  There are also some                                                                   
applicability sections that were added.                                                                                         
                                                                                                                                
Number 1812                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Ms. Lucky which sections in the bill                                                                 
refer to sex offender registration.                                                                                             
                                                                                                                                
MS. LUCKY replied Sections 11, 12, and 13 add offenses to the                                                                   
definitions that are now in the sex offender registry statute.  The                                                             
the definition of "aggravated sex offense", "sex offense" and                                                                   
"child kidnapping" are being added, respectively.  The bill adds                                                                
felony murder one and two to those definitions.  The applicability                                                              
is in Section 15.                                                                                                               
                                                                                                                                
CHAIRMAN KOTT noted that the language "shall register" in on page                                                               
9, line 6.                                                                                                                      
                                                                                                                                
Number 1864                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated he does not see a fiscal note in the                                                             
bill packet.  He is curious about the elevation of criminally                                                                   
negligent homicide from a class C to a class B felony, and the                                                                  
increase in the mandatory minimum sentence from five to seven years                                                             
for manslaughter.  He asked Ms. Lucky whether the theory behind the                                                             
bill is to create a special crime for violence against a child.                                                                 
                                                                                                                                
MS. LUCKY replied the criminally negligent homicide provision would                                                             
affect the statute for everyone by upping it from a class C to a                                                                
class B felony.  The manslaughter provision was discussed last year                                                             
and ups the sentence for crimes committed against children under                                                                
the age of 16.  In other words, if a person is guilty of a crime of                                                             
manslaughter and those action harmed a child under the age of 16,                                                               
the sentence would be the higher of the two.                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG stated he is troubled that the provision                                                                
for a criminally negligent homicide is across the board and not                                                                 
specifically towards a child.  He noted when the bill was passed                                                                
last year the state was in a different financial situation.  He is                                                              
concerned about the fiscal impact.                                                                                              
                                                                                                                                
CHAIRMAN KOTT noted that the committee has requested fiscal notes                                                               
from the Administration which have not been received yet.  The                                                                  
committee aide will provide a copy of the fiscal notes that were                                                                
transmitted with the bill.                                                                                                      
                                                                                                                                
Number 1800                                                                                                                     
                                                                                                                                
SENATOR RICK HALFORD, Alaska State Legislature, noted that the                                                                  
Department of Law requested the change in manslaughter.  [THE REST                                                              
OF HIS TESTIMONY IS INAUDIBLE DUE TO PAPER SHUFFLING]                                                                           
                                                                                                                                
Number 2024                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT referred to Section 2(a)(3) and asked Ms.                                                                  
Lucky whether a person would be registered as a sex offender if                                                                 
that person commits a crime of kidnapping that is not of a sexual                                                               
nature.  The language reads, "...the person commits or attempts to                                                              
commit a sexual offense or kidnapping against a child under 16                                                                  
years of age...".                                                                                                               
                                                                                                                                
MS. LUCKY replied the term "child kidnapping" is already defined in                                                             
statute, and Section 12 of the bill would add the crimes dealing                                                                
with kidnapping to that definition.                                                                                             
                                                                                                                                
REPRESENTATIVE CROFT stated that even though it is referred to as                                                               
a sex offender registry it really is a child kidnapper or sex                                                                   
offender registry.                                                                                                              
                                                                                                                                
MS. LUCKY replied correct and noted Section 12 (C) is the part that                                                             
already exists in statute.                                                                                                      
                                                                                                                                
Number 2080                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated he was not aware that kidnapping is                                                              
a part of the sex offender registry.  He wondered if a parent                                                                   
kidnaps that parent's own child would that parent be a part of the                                                              
sex offender registry.                                                                                                          
                                                                                                                                
Number 2096                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated he believes there is a distinction                                                                  
between child abduction and kidnapping.                                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG wondered whether that was litigated under                                                               
Megan's Law in the supreme court.                                                                                               
                                                                                                                                
REPRESENTATIVE KOTT opened the meeting up to public testimony.                                                                  
                                                                                                                                
Number 2132                                                                                                                     
                                                                                                                                
DAVID HUDSON, First Sergeant, Division of Alaska State Troopers,                                                                
Department of Public Safety, testified via teleconference from                                                                  
Anchorage.  He noted that Section 3 of the bill needs to be more                                                                
specific to consider a prior qualifying conviction to demonstrate                                                               
a clear nexus to the crime at hand.  For example, AS 11.41 includes                                                             
indecent exposure, and a defendant could argue that a prior                                                                     
conviction of indecent exposure has little to do with that                                                                      
defendant's current conduct and it should not be used to enhance                                                                
that defendant's criminal liability.                                                                                            
                                                                                                                                
Number 2193                                                                                                                     
                                                                                                                                
BLAIR McCUNE, Deputy Director, Public Defender Agency, Department                                                               
of Administration, testified via teleconference from Anchorage.                                                                 
The bill makes a significant change in homicide laws.  Homicide has                                                             
traditionally been divided into different degrees of seriousness                                                                
based on mental states.  The bill changes that and makes a                                                                      
classification based on the status of a victim as a child.                                                                      
Traditionally, first-degree murder was premeditated or intentional.                                                             
Second-degree murder was lesser but still a very serious type of                                                                
mental state.  Felony murder was when a person not participating in                                                             
the crime died in the commission of a serious felony.  Manslaughter                                                             
was reckless types of conduct, not intentional types of conduct.                                                                
Criminal negligent homicide was death caused by criminal                                                                        
negligence.  He reiterated the bill would change a well-ordered                                                                 
system.  In addition, there are others who deserve the type of                                                                  
protection under the bill such as the elderly, infirm or any other                                                              
vulnerable victim.  An "aggravator" is already defined in statute                                                               
and used to enhance sentencing when a victim is vulnerable.  In                                                                 
addition, Section 4 would raise all criminally negligent homicides                                                              
to a class B felony, such as a death from a traffic accident.  This                                                             
is quite a change in the law.  The division has submitted an                                                                    
indeterminate fiscal note because there would be more trials and                                                                
pleas, but the fiscal impact is indeterminable.                                                                                 
                                                                                                                                
Number 2324                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA referred to Section 2, lines 12-20, and                                                                 
wondered whether the direction is changing from a person's mental                                                               
state to criminal negligence.                                                                                                   
                                                                                                                                
MR. McCUNE replied it makes a fairly restrictive offense involving                                                              
torture or physical assault a first-degree murder by virtue of                                                                  
criminal negligence.  The conduct language directed toward the                                                                  
child was placed in the bill last year at the request of the                                                                    
Department of Law so that it is clear it would only involve cases                                                               
directed towards a child and not just that a child died in the                                                                  
course of another incident.                                                                                                     
                                                                                                                                
Number 2424                                                                                                                     
                                                                                                                                
MR. T. CALDER testified via teleconference from Fairbanks.  He                                                                  
stated he is fascinated with the remarks by Mr. McCune.  The                                                                    
legislature doesn't have any business tampering with the criminal                                                               
code.  He knows that it can do it, but the history of crimes                                                                    
against children committed under the collar of the law is a much                                                                
more serious problem.  He has witnessed criminal activity under the                                                             
collar of the law against his own child and has not been able to                                                                
find a state official to address the problem in spite of laws that                                                              
already exist.  "We're just completely missing the boat here now to                                                             
shuffle around the criminal code and try to tighten things up and,                                                              
you know, up the ante on some of this."  There are already laws on                                                              
the books for this...                                                                                                           
                                                                                                                                
TAPE 99-9, SIDE B                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
MR. T. CALDER continued.  The difficulties that citizens have when                                                              
their rights have been violated by governmental entities should be                                                              
the top legislative priority and really the only purpose for the                                                                
existence of the legislature.  He can appreciate the position of                                                                
the law enforcement officer who spoke earlier and understands the                                                               
frustration of making a criminal a defendant in a legal action that                                                             
is not fairly judged in the interest of the people.  That is a real                                                             
problem, but shuffling the words around in the bill and essentially                                                             
using children for this type of legal manipulation is dangerous.                                                                
He stated he would be happy to provide further information on the                                                               
criminal kidnap and torture of his own son by the Department of                                                                 
Health and Social Services, Department of Law, Department of                                                                    
Revenue and the court system.  In conclusion, he stated if someone                                                              
really wants to shuffle the criminal code around, the crime of                                                                  
genocide should be defined and lesser offenses.  That person would                                                              
be providing a valuable public service.                                                                                         
                                                                                                                                
CHAIRMAN KOTT noted there is something going on with the existing                                                               
system which is why the bill is being taken up.                                                                                 
                                                                                                                                
Number 0098                                                                                                                     
                                                                                                                                
ROBIN LOWN, Vice President, Alaska Peace Officers Association                                                                   
(APOA), testified in Juneau.  The APOA supports SB 3.  The                                                                      
association consists of 1,100 members from all law enforcement                                                                  
agencies in the state.                                                                                                          
                                                                                                                                
Number 0128                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Mr. Lown whether the APOA has discussed any                                                                 
part of the bill in detail.                                                                                                     
                                                                                                                                
MR. LOWN replied the association has reviewed the bill in general.                                                              
It has not focused on any specific area.  However, in response to                                                               
today's testimony, he agrees with First Sergeant Hudson's opinion                                                               
and Mr. McCune's opinion relating to intent.                                                                                    
                                                                                                                                
Number 0174                                                                                                                     
                                                                                                                                
ANNE D. CARPENETI, Assistant Attorney General, Legal Services                                                                   
Section-Juneau, Criminal Division, Department of Law, testified in                                                              
Juneau.  The division supports SB 3.  It is substantially similar                                                               
to provisions in the Governor's Child Protection Bill (HB 375) that                                                             
passed last year.  The additions made to the bill since last year                                                               
are logical and make sense.  In reference to child kidnapping, the                                                              
legislature adopted a bill last year in response to federal                                                                     
requirements to add it to the sex offender registry.  It is now                                                                 
called the "Sex Offender and Child Kidnapping Registry".                                                                        
                                                                                                                                
Number 0215                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Ms. Carpeneti what the Act was                                                                    
called.                                                                                                                         
                                                                                                                                
MS. CARPENETI replied it was called the Wetterling Act.  In                                                                     
addition, the reason for suggesting an increase in criminally                                                                   
negligent homicide was because in statute homicides are either                                                                  
murder in the first or second degree unclassified felonies.                                                                     
Manslaughter is a class A felony, and criminally negligent homicide                                                             
is a class C felony.  The gap is not appropriate, particularly when                                                             
car theft, failure to register as a child sex offender or kidnapper                                                             
in the first degree are class C felonies.  It seemed that                                                                       
criminally negligent homicide, causing the death of another person                                                              
through criminal negligence, is serious enough to be classified as                                                              
a class C felony.  It also makes more sense in charging and                                                                     
processing cases.  When considering charges of manslaughter, a                                                                  
class A felony, prosecutors think about resolving the case short of                                                             
a trial.  Therefore, they would be more likely to resolve a case                                                                
with a charge of criminally negligent homicide if it was a class B                                                              
felony.  It makes more sense.  It would up some cases to a B felony                                                             
and many cases would come down from an A to a B felony.  The effect                                                             
wouldn't be that great in terms of corrections and costs.                                                                       
                                                                                                                                
Number 0319                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated in reference to kidnapping one's own                                                                
child, AS 11.41.300 provides a defense if that person is a relative                                                             
and the victim is a child and the primary intent is to assume                                                                   
custody.  It criminalities it at a different level.  It is still                                                                
criminal, but different than kidnapping.  He asked Ms. Carpeneti                                                                
whether that would come under the sex abuse or kidnapping registry.                                                             
                                                                                                                                
MS. CARPENETI replied no.  It is treated as custodial interference                                                              
in the first degree - a class C felony.                                                                                         
                                                                                                                                
Number 0350                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT referred to Section 3(5), and stated the bill                                                              
would punish criminally negligent homicide with the death of a                                                                  
child and hook it to some of the fairly minor crimes in AS 11.41,                                                               
such as extortion and indecent exposure.  He asked Ms. Carpeneti                                                                
for a good example of criminally negligent homicide.                                                                            
                                                                                                                                
MS. CARPENETI replied reckless driving and causing a death.  AS                                                                 
11.41 are crimes against a person and she agrees it is a broad                                                                  
coverage and it is getting broader as offenses are added to it.                                                                 
She suggested breaking down some of the more serious offenses.  She                                                             
noted that assault in the fourth degree is the crime that most                                                                  
domestic violence cases are resolved under.  It can be very                                                                     
serious.                                                                                                                        
                                                                                                                                
Number 0443                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT referred to Section 2(2) and stated, according to his                                                             
understanding, it is a two-prong test.                                                                                          
                                                                                                                                
MS. CARPENETI stated under the old common law intentional killings                                                              
were generally first-degree murders.  In 1988, the legislature                                                                  
passed AS 11.41.100(2), but it hasn't been used because it is                                                                   
difficult to prove a pattern or torture.  The purpose of the child                                                              
protection law is to elevate the safety of the children of the                                                                  
state and make it more serious to cause their death.  The changes                                                               
in the bill were suggested to make it easier to prove beyond a                                                                  
reasonable doubt that a person causing serious physical injury                                                                  
twice on the same child could be charged with first-degree murder.                                                              
                                                                                                                                
Number 0508                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted that he sees how a pattern or practice                                                               
could be difficult to prosecute, and asked Ms. Carpeneti whether                                                                
changing the language from extreme indifference to criminally                                                                   
negligent is substantial as well.                                                                                               
                                                                                                                                
MS. CARPENETI replied it is two acts and the person must knowingly                                                              
engage in conduct directed towards a child.  It is a big change,                                                                
but the working group felt that it justified persecution for                                                                    
first-degree murder.                                                                                                            
                                                                                                                                
Number 0550                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated the language in Section 2, starting on                                                              
line 12, "...knowingly engages in conduct...", doesn't incorporate                                                              
a standard.                                                                                                                     
                                                                                                                                
MS. CARPENETI noted the language reads, "...directed toward a                                                                   
child...".                                                                                                                      
                                                                                                                                
REPRESENTATIVE CROFT noted that the acts are separate, but the                                                                  
language doesn't read, "knowingly engages in criminally negligent                                                               
conduct."                                                                                                                       
                                                                                                                                
MS. CARPENETI replied the way the bill is drafted now the result of                                                             
the action must be criminal negligence.                                                                                         
                                                                                                                                
Number 0598                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG referred to Section 5, and asked Ms.                                                                    
Carpeneti whether a person who knowingly takes a child out of the                                                               
state and that child is killed in a reckless manner, such as a car                                                              
accident, could that person be accused of second-degree murder in                                                               
the state of Alaska.                                                                                                            
                                                                                                                                
MS. CARPENETI replied no.  There has to be two separate instances.                                                              
A conviction generally includes a person being charged, found                                                                   
guilty, and sentenced.  Thus, unless that person has been convicted                                                             
of a violation in the first degree it would not count under                                                                     
second-degree murder.                                                                                                           
                                                                                                                                
Number 0677                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked whether a person could be charged with                                                               
second-degree murder if that person has been convicted of custodial                                                             
interference then under lawful custody drives recklessly with that                                                              
child.                                                                                                                          
                                                                                                                                
MS. CARPENETI replied yes.  She suggested going through AS 11.41                                                                
and deciding which person-crimes are serious enough to justify                                                                  
this.                                                                                                                           
                                                                                                                                
Number 0713                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Ms. Carpeneti what is the punishment for                                                             
second-degree murder.                                                                                                           
                                                                                                                                
MS. CARPENETI replied a maximum of 99 years in jail.                                                                            
                                                                                                                                
Number 0720                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted the bill ups second-degree murder                                                                 
from a minimum of 5 years to a minimum of 20 years.  It needs to be                                                             
looked at further.  It might be an unintended consequence.                                                                      
                                                                                                                                
Number 0752                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Ms. Carpeneti for more examples of                                                                   
criminally negligent conduct that might cause a death.  He wondered                                                             
whether drunk driving under certain conditions could be an example.                                                             
                                                                                                                                
MS. CARPENETI replied generally drunk driving involving a death is                                                              
charged under manslaughter.  Sometimes manslaughter is reduced to                                                               
criminally negligent homicide if a link cannot be proved to                                                                     
manslaughter.  There are other situations, not just vehicular                                                                   
homicides, but she didn't feel comfortable giving further examples                                                              
before consulting with prosecutors.                                                                                             
                                                                                                                                
Number 0827                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated a drunken driving offense is                                                                     
normally charged with manslaughter yet criminally negligent                                                                     
homicide is below manslaughter.  Therefore, drunk driving is a                                                                  
higher level of criminally negligent homicide.  He asked Ms.                                                                    
Carpeneti whether a charge more than manslaughter would be included                                                             
in criminally negligent homicide.                                                                                               
                                                                                                                                
MS. CARPENETI replied yes because it involves a degree of                                                                       
negligence or recklessness.  Recklessness is a higher degree...                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG interjected and asked Ms. Carpeneti whether                                                             
there is an administrative term "greater included."                                                                             
                                                                                                                                
MS. CARPENETI replied no.                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG stated he is not sure whether that is the                                                               
case here in the bill.  He asked Ms. Carpeneti whether there is                                                                 
anything that the committee should be aware of relating to this.                                                                
                                                                                                                                
MS. CARPENETI replied the term "greater included" is not used, but                                                              
its concept is used because there are those that are lesser                                                                     
included.                                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG said he doesn't want those instances that                                                               
are now typically charged as manslaughter to become de facto                                                                    
second-degree murder because of the bill.  He is not sure that is                                                               
the intent of the sponsor either.                                                                                               
                                                                                                                                
MS. CARPENETI referred to Section 3(5) and noted the purpose is to                                                              
punish those more seriously who have caused the death of children                                                               
when in the past they have caused harm to children.                                                                             
                                                                                                                                
Number 0979                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said, "I thought you said earlier that if                                                               
we find there's been a custodial interference with taking out of                                                                
state and a separate instance occurs (indisc.) criminal negligence                                                              
involved or homicide under criminal negligence in combination that                                                              
there could be a charge of second-degree murder vice-a-vie                                                                      
homicide, I mean, manslaughter."                                                                                                
                                                                                                                                
MS. CARPENETI replied if a person has been convicted of custodial                                                               
interference and after a conviction has caused the death of a child                                                             
through criminal negligence then that person could be charged with                                                              
second-degree murder.                                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG wondered whether a driving while                                                                        
intoxicated (DWI) homicide normally charged under manslaughter                                                                  
could be shifted to second-degree murder.  He is not sure whether                                                               
the legislature or the sponsor wants to do that.                                                                                
                                                                                                                                
Number 1051                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked Representative Rokeberg whether he                                                                
wants to leave it out.                                                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG replied no.  He stated in this case several                                                             
things are being combined to make a more severe penalty.  He asked,                                                             
Do we want to make those types of things second-degree murder with                                                              
a 20 year presumptive minimum sentence?  He said, "We ought to be                                                               
darn sure what we're putting together here warrants that high                                                                   
minimum presumption."  In other words, a conviction of vehicular                                                                
homicide then a conviction of taking one's child out of state on a                                                              
separate instance seems a little tough for 20 years.                                                                            
                                                                                                                                
CHAIRMAN KOTT called on Ms. Lucky to comment on any of the issues                                                               
discussed.                                                                                                                      
                                                                                                                                
Number 1147                                                                                                                     
                                                                                                                                
MS. LUCKY reiterated the intent of Senator Halford is to use a                                                                  
higher penalty against those who have a past conviction of a crime                                                              
against a child and cause the death of a child.  She believes                                                                   
prosecutors will still have discretion in what they will charge                                                                 
someone with.                                                                                                                   
                                                                                                                                
Number 1180                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated, if he was a noncustodial parent and                                                             
took his child to Hawaii for a week and got busted, he would hate                                                               
to think that he would turn into a second-degree murderer later on                                                              
because of a different fact pattern.  He is not certain that is the                                                             
case, but he is very concerned about it.                                                                                        
                                                                                                                                
CHAIRMAN KOTT noted that Representative Rokeberg is right on track.                                                             
                                                                                                                                
Number 1210                                                                                                                     
                                                                                                                                
MS. LUCKY offered to the committee members an index of the statutes                                                             
under AS 11.41 in terms of specifying particular crimes...                                                                      
                                                                                                                                
CHAIRMAN KOTT interjected and asked Ms. Lucky whether there has                                                                 
been any discussion to separate those crimes.                                                                                   
                                                                                                                                
MS. LUCKY replied it hasn't been a discussion until now, and she                                                                
has not talked with Senator Halford about it.  She reiterated she                                                               
has a list of crimes under AS 11.41 if the committee wishes to                                                                  
fine-tune certain things.  There are a lot of crimes listed that                                                                
would merit a more detailed discussion than just a list of the                                                                  
statutes.                                                                                                                       
                                                                                                                                
CHAIRMAN KOTT asked Ms. Lucky to make that index available to the                                                               
committee members.                                                                                                              
                                                                                                                                
Number 1278                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Ms. Carpeneti what the presumptive                                                                
minimum and maximum sentences are for class B and C felonies.                                                                   
                                                                                                                                
MS. CARPENETI replied the maximum for a class B felony is (indisc.)                                                             
and the maximum for a class C felony is five years.                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Ms. Carpeneti what are the minimums.                                                              
                                                                                                                                
MS. CARPENETI replied class B and C felonies don't have presumptive                                                             
terms for the first conviction.  A presumptive term for a class C                                                               
felony for a second conviction is two years.  A presumptive term                                                                
for a class B felony for a second conviction is four years.                                                                     
                                                                                                                                
Number 1332                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT closed the meeting to public testimony.                                                                           
                                                                                                                                
CHAIRMAN KOTT referred the bill to a subcommittee.  He appointed                                                                
Representative Rokeberg as chairman, and Representatives Green and                                                              
Kerttula to the subcommittee and charged it with looking at these                                                               
issues further in cooperation with the sponsor.  The subcommittee                                                               
is to report back to the full committee at the earliest time                                                                    
possible.                                                                                                                       
                                                                                                                                
Number 1391                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT called for an at-ease at 2:30 p.m. and called the                                                                 
meeting back to order at 2:36 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
SSHB 5 - VOUCHER SYSTEM FOR EDUCATION                                                                                           
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is SSHB 5, "An                                                               
Act relating to vouchers for education; and providing for an                                                                    
effective date."                                                                                                                
                                                                                                                                
CHAIRMAN KOTT explained that the bill was waived out of the House                                                               
Health, Education and Social Services Standing Committee, and that                                                              
committee has requested that it be returned, if it passes out of                                                                
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
CHAIRMAN KOTT called on Randy Lorenz, staff to Representative Vic                                                               
Kohring, sponsor of the bill.                                                                                                   
                                                                                                                                
Number 1470                                                                                                                     
                                                                                                                                
RANDY LORENZ, Researcher for Representative Vic Kohring, Alaska                                                                 
State Legislature, explained Representative Kohring was here                                                                    
earlier, but had to leave due to a conflict with a House Finance                                                                
Standing Committee meeting.  He will discuss the constitutionality                                                              
of the bill today.  The main stumbling block for this bill is the                                                               
Sheldon Jackson College v. State of Alaska decision.  There are two                                                             
primary interests that render that decision moot in Alaska's                                                                    
history.  Firstly, Sheldon Jackson was a grant to a college as                                                                  
compared to an elementary or secondary school.  The Education Act                                                               
of 1965 throws out different directions to all states requiring the                                                             
appropriate education for all school children.  Secondly, the                                                                   
Sheldon Jackson decision looked at the student as a conduit for                                                                 
funds to be directed to private institutions.  He referred to                                                                   
Black's Law Dictionary and cited the term "direct" is the                                                                       
immediate, approximate, by the shortest course, without circuitry                                                               
operating by an immediate connection or relations instead of                                                                    
operating through a medium.  Therefore, the Sheldon Jackson                                                                     
decision was misinterpreted by the state supreme court.  He                                                                     
referred to a report from the Department of Law dated February 22,                                                              
1999 and stated in both situations it only looks at the Sheldon                                                                 
Jackson case and refuses to look at over 20 court cases since the                                                               
early 1970's that say that part of the constitution cannot be                                                                   
enforced.  He cited in Traverse City School District v. Attorney                                                                
General (1971) the Michigan Supreme Court ruled that prohibiting                                                                
public funds for private education was unconstitutional, void and                                                               
unenforceable because it prevented free exercise of religion                                                                    
guaranteed by the U.S. Constitution, and violated the equal                                                                     
protection of law provisions of the U.S. Constitution.  He cited in                                                             
Warren v. Nusbaum (1972) the U.S. Supreme Court decided that state                                                              
constitutions were parallel to the First Amendment therefore any                                                                
First Amendment case should control the state's constitutional                                                                  
interpretation.  He cited in Campbell v. Manchester Board of School                                                             
Directors (1994) the court unanimously overturned a prior ruling                                                                
stating that judicial prudence has evolved greatly since 1961 in                                                                
directions unpredicted at the time.  Therefore, the constitutional                                                              
issue must be examined a new in light of more recent teachings.  He                                                             
cited in Kotterman v. Killian (1999) the court ruled that primary                                                               
beneficiaries of credits are tax payers who contribute to the                                                                   
school tuition organizations.  Parents who might otherwise be                                                                   
deprived of an opportunity to make meaningful decisions about their                                                             
children's education and the children themselves...  Private school                                                             
are at best only incidental beneficiaries by creating the program                                                               
the legislature hoped to encourage the development of an                                                                        
educational setting that would invigorate learning, improve                                                                     
academic achievement, and provide additional choices for parents                                                                
and children.  The Blaine Amendment was a clear manifestation of                                                                
religious bigotry and party of a crusade of the contemporary                                                                    
Protestant Establishment to counter what was perceived as a growing                                                             
Catholic menace.  It would be hard to divorce the amendment's                                                                   
language from the insidious, discriminatory intent that prompted                                                                
it.  He has 18 more court cases that say the use of public funds                                                                
for a child's education in a private school is not a violation of                                                               
the constitution.  The problem is there is no avenue to ask the                                                                 
Alaska Supreme Court how it feels.  The U.S. Supreme Court has made                                                             
it very clear in numerous cases that it is not a violation of the                                                               
constitution.  Three years ago, the U.S. Supreme Court said that                                                                
the U.S. Department of Education can make sure that establishment                                                               
clause is protected and that there is a separation of church and                                                                
state through its normal procedures.  He noted that Representative                                                              
Kohring would like the committee members to review the court cases                                                              
associated with this bill then send it back to the House Health,                                                                
Education and Social Services Standing Committee for the final                                                                  
details, then bring it back to the House Judiciary Standing                                                                     
Committee to ensure it meets the constitutionality of the state and                                                             
U.S. supreme courts.  Representative Kohring would like for it to                                                               
go to the judges through its normal process.                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT opened the meeting up to public testimony.                                                                  
                                                                                                                                
Number 2020                                                                                                                     
                                                                                                                                
ANNE KILKENNY testified via teleconference from the Mat-Su.  She                                                                
noted the state doesn't have money to burn.  Every dollar spent on                                                              
litigation is one less dollar available for education and other                                                                 
more productive purposes.  Please don't let the bill move from the                                                              
committee until it has been amendment to pass constitutional                                                                    
muster.                                                                                                                         
                                                                                                                                
Number 2084                                                                                                                     
                                                                                                                                
JOHN CYR, President, National Education Association (NEA)-Alaska,                                                               
testified in Juneau.  The position paper presented by NEA-Alaska                                                                
does not really speak to the constitutionality of public money for                                                              
private, religious and home schools, but it is clear that Article                                                               
VII, section 1 of the Alaska Constitution says, "No money shall be                                                              
paid from public funds for the direct benefit of any religious or                                                               
other private educational institution."  It is a higher threshold                                                               
than almost any other state constitution.  There is a direct                                                                    
prohibition against this in the state constitution.  He cited in                                                                
1996 the Montgomery County Common Pleas Court upheld the Cleveland                                                              
voucher system when there isn't a prescription against public funds                                                             
going towards a private education.  The decision was later reversed                                                             
by the Court of Appeals of Ohio, 8th District.  He further stated                                                               
similar voucher proposals have been held unconstitutional in                                                                    
Vermont, Maine and Puerto Rico.  In addition, most states have a                                                                
prohibition against state funds going to religious institutions.                                                                
The language seems clear on its face beyond the fact that                                                                       
educationally it is not good policy.  He stated it will cost                                                                    
between $40 million to $50 million before one child comes out of a                                                              
public school and goes to a religious, private or home school.                                                                  
There are somewhere between 10,000 to 12,000 kids in private or                                                                 
home schools which equates to about $4,000 per kid which equates to                                                             
a lot of money.  He asked the committee members to not move the                                                                 
bill further.  It is bad public policy and violates the state                                                                   
constitution.  It has also been found to violate almost every state                                                             
constitution around the U.S.  In addition, according to polls, the                                                              
public is opposed to vouchers.  No one wants their tax dollars                                                                  
going to support religious or privates schools that they don't                                                                  
agree with, especially because there is no control over private or                                                              
home schools.  There are no standardization or exit tests, for                                                                  
example.  The bill calls for violating the state constitution and                                                               
giving money without any hope of knowing whether or not these kids                                                              
would meet the standards expected as a state.                                                                                   
                                                                                                                                
Number 2469                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Mr. Cyr whether NEA-Alaska intends to                                                             
submit a legal opinion.                                                                                                         
                                                                                                                                
MR. CYR replied NEA-Alaska would be more than happy to research the                                                             
issue and get back to the committee...                                                                                          
                                                                                                                                
TAPE 99-10, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR JAMES stated it seems that the benefit of choosing where to                                                               
go to school is to the children and not to the institution.                                                                     
                                                                                                                                
MR. CYR replied under the bill the parents and children do not get                                                              
to choose.  The school gets to choose.  The school decides whether                                                              
a child is acceptable to go to a private school.  The courts have                                                               
ruled that those schools can exclude students on the basis of                                                                   
gender and achievement, for example.  The courts have also ruled                                                                
that just because the money is being passed through a parent to a                                                               
school, the only place the parent can spend that money is in a                                                                  
private, religious or home school situation.  He called it a shell                                                              
game and noted that courts look dimly at that type of game.                                                                     
                                                                                                                                
Number 0110                                                                                                                     
                                                                                                                                
CHAIR JAMES stated she is not defending the bill.  It has problems,                                                             
but she is in favor of parental choice.  She asked Mr. Cyr whether                                                              
he believes that the state has the obligation to pay for every                                                                  
child's education in a district rather than those who just sign up                                                              
for public school.                                                                                                              
                                                                                                                                
Number 0146                                                                                                                     
                                                                                                                                
MR. CYR replied he believes that the state has an obligation to                                                                 
make available an affordable, free public education to every child.                                                             
In addition, there is an obligation to society.  He said, "For                                                                  
those kids for whom we are not doing a good job educating, we're                                                                
going to pay as a society later."  The argument of parents paying                                                               
taxes and choosing not to send their children to a public school is                                                             
specious.  It is a personal choice that can't be relegated.  For                                                                
example, he doesn't own an airplane but some of his taxes go                                                                    
towards keeping airports open.  He thinks he should pay for that                                                                
because it makes Alaska a better place.                                                                                         
                                                                                                                                
Number 0309                                                                                                                     
                                                                                                                                
CECILIA PALIVODA testified via teleconference from Delta Junction.                                                              
She teaches her children at home using her own curriculum and                                                                   
funds.  The public school system provides an atheistic school                                                                   
program and by exercising her right of freedom she does not accept                                                              
that and provides an education to her children herself.  In doing                                                               
that she is denied funding.  She purchases everything on her own.                                                               
She home schools six children at this time.  The curriculum covers                                                              
everything from classical music to literature.  Her children have                                                               
designed and built a barn at the age of 13 and 15.  As an atheist,                                                              
she would be happy with the public school curriculum, but as a                                                                  
Christian she is not.  Why should she be denied funding to school                                                               
her children equally to others? she asked.  Her children deserve an                                                             
education just as much as children in public schools.  If the                                                                   
public schools were nondenominational that would be one thing, but                                                              
an atheistic curriculum is another.                                                                                             
                                                                                                                                
Number 0497                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT closed the meeting to public testimony.                                                                           
                                                                                                                                
CHAIRMAN KOTT explained that the committee is charged with the                                                                  
responsibility of determining whether a voucher system is                                                                       
constitutional in relation to the state and U.S. constitutions.  He                                                             
announced he would get the list of court cases from the prime                                                                   
sponsor's staff and determine whether or not they are relevant.                                                                 
Most of the cases he mentioned earlier are from outside and might                                                               
be considered persuasive, but not binding based on the state                                                                    
constitution.                                                                                                                   
                                                                                                                                
Number 0559                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated he is curious about the intent of                                                                
the bill and asked Mr. Lorenz who is the sponsor of HJR 6.                                                                      
                                                                                                                                
MR. LORENZ replied HJR 6 is sponsored by Representative Kohring                                                                 
because the state constitution as it stands now allows for a                                                                    
voucher system.                                                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG stated he finds nothing in the bill packet                                                              
to corroborate that statement.  The language seems to be relatively                                                             
clear.  He is willing to review minutes from the state                                                                          
constitutional convention and other legal opinions, but it seems                                                                
right now that it is the opinion of the sponsor versus Legislative                                                              
Legal Counsel and the Attorney General.  In terms of a balance, he                                                              
wonders how much effort the House Judiciary Standing Committee                                                                  
should put into this issue.                                                                                                     
                                                                                                                                
Number 0716                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated the House Judiciary Standing Committee will                                                                
give the matter a good working over.  It is not the intent to delve                                                             
into the public policy side of it.  At the next meeting, the                                                                    
committee members will debate the bill's constitutionality.  In                                                                 
looking at the arguments from the Sheldon Jackson case, the bill is                                                             
patently unconstitutional.  But, would an existing court use the                                                                
same arguments under the setting of the bill and marry them against                                                             
the state constitution dealing with public education? he asked.                                                                 
That is the direction for the next meeting at which time it will                                                                
also be decided on whether or not to refer the bill back to the                                                                 
House Health, Education and Social Services Standing Committee.                                                                 
                                                                                                                                
Number 0799                                                                                                                     
                                                                                                                                
MR. LORENZ stated, in an effort to not waste any time, the best way                                                             
to approach this is to send the bill back to the House Health,                                                                  
Education and Social Services Standing Committee for changes before                                                             
determining its constitutionality.  A lemon test is set up to look                                                              
at how a program would be implemented to determine its                                                                          
constitutionality.  There are many changes than could be made to                                                                
the bill and those changes could render it unconstitutional.                                                                    
                                                                                                                                
Number 0869                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT replied the House Health, Education and Social                                                                    
Services Standing Committee had an opportunity to make any changes                                                              
to the bill.  The House Judiciary Standing Committee will work with                                                             
the existing bill.  If it is send back to the House Health,                                                                     
Education and Social Services Standing Committee, it will be                                                                    
requested back.  There is no guarantee there will be any changes.                                                               
If the House Judiciary Standing Committee determines that there are                                                             
constitutional problems, the bill will not leave the committee and                                                              
go back to the House Health, Education and Social Services Standing                                                             
Committee.                                                                                                                      
                                                                                                                                
Number 0924                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated he appreciates the willingness of                                                                
Chairman Kott to take up the issue.  For the record, he wants to                                                                
announce that he is not opposed to vouchers per se.  The people in                                                              
the state should have more choices.  He asked that the committee                                                                
members be provided with the minutes of the state constitutional                                                                
convention related to the appropriate article, a copy of the                                                                    
Sheldon Jackson decision, and that the sponsor gets a pro bono                                                                  
legal opinion to argue his side of the case.  Otherwise, it                                                                     
requires the House Judiciary Standing Committee members to do all                                                               
of his work.                                                                                                                    
                                                                                                                                
CHAIRMAN KOTT noted that the minutes from the state constitutional                                                              
convention are available regarding the section on public funding.                                                               
                                                                                                                                
Number 0989                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted there was a significant amount of                                                                    
discussion on whether to add direct or indirect public funding by                                                               
Delegate Coghill.  He would be glad to provide a copy of those                                                                  
minutes to the committee members.  He also has a copy of the                                                                    
Mathews v. Quinton (ph) case and the Sheldon Jackson case that he                                                               
would provide to the committee members.  Those are the only two                                                                 
court cases that he has found relating to Alaska.                                                                               
                                                                                                                                
CHAIRMAN KOTT indicated that the bill would be held over for                                                                    
further consideration.                                                                                                          
                                                                                                                                
Number 1039                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT announced the next meeting will be on Wednesday,                                                                  
March 10, 1999.  It will be a joint meeting with the Senate                                                                     
Judiciary Standing Committee to cover appointments.                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT adjourned the House Judiciary Standing Committee                                                                  
meeting at 3:07 p.m.                                                                                                            

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