Legislature(2001 - 2002)

03/18/2002 01:10 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 18, 2002                                                                                         
                           1:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Norman Rokeberg, Chair                                                                                           
Representative Jeannette James                                                                                                  
Representative John Coghill                                                                                                     
Representative Kevin Meyer                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Albert Kookesh                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Scott Ogan, Vice Chair                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 393                                                                                                              
"An Act relating  to unfair and deceptive trade  practices and to                                                               
the  sale of  business opportunities;  amending Rules  4 and  73,                                                               
Alaska Rules of  Civil Procedure; and providing  for an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
CS FOR SENATE BILL NO. 169(FIN)                                                                                                 
"An Act providing  that the delinquency laws  are inapplicable to                                                               
minors  who are  at least  16  years of  age and  are accused  of                                                               
felony crimes against persons directed  at victims because of the                                                               
victims' race, sex, color, creed,  physical or mental disability,                                                               
ancestry, or national origin."                                                                                                  
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 295                                                                                                              
"An Act  relating to prohibiting  the use of  cellular telephones                                                               
when operating  a motor vehicle;  and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 393                                                                                                                  
SHORT TITLE:SALES OF BUSINESS OPPORTUNITIES                                                                                     
SPONSOR(S): REPRESENTATIVE(S)STEVENS                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/08/02     2182       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/08/02     2182       (H)        L&C, JUD                                                                                     
02/25/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
02/25/02                (H)        Heard & Held                                                                                 
02/25/02                (H)        MINUTE(L&C)                                                                                  
02/27/02                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
02/27/02                (H)        Moved Out of Committee                                                                       
02/27/02                (H)        MINUTE(L&C)                                                                                  
03/01/02     2435       (H)        L&C RPT 2DP 5NR                                                                              
03/01/02     2435       (H)        DP: CRAWFORD, HAYES; NR:                                                                     
                                   ROKEBERG,                                                                                    
03/01/02     2435       (H)        MEYER, KOTT, HALCRO,                                                                         
                                   MURKOWSKI                                                                                    
03/01/02     2435       (H)        FN1: INDETERMINATE(LAW)                                                                      
03/01/02     2445       (H)        FIN REFERRAL ADDED AFTER JUD                                                                 
03/18/02                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
                                                                                                                                
BILL: SB 169                                                                                                                  
SHORT TITLE:HATE CRIMES: AUTOMATIC WAIVER OF MINORS                                                                             
SPONSOR(S): SENATOR(S) DONLEY                                                                                                   
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/29/01     0859       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/29/01     0859       (S)        JUD, FIN                                                                                     
04/30/01                (S)        JUD AT 4:45 PM BELTZ 211                                                                     
04/30/01                (S)        -- Time Change --                                                                            
04/30/01                (S)        MINUTE(JUD)                                                                                  
05/01/01     1394       (S)        JUD RPT 4DP 1NR                                                                              
05/01/01     1394       (S)        DP: TAYLOR, COWDERY,                                                                         
                                   THERRIAULT,                                                                                  
05/01/01     1394       (S)        DONLEY; NR: ELLIS                                                                            
05/01/01     1394       (S)        FN1: INDETERMINATE(COR)                                                                      
05/03/01                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
05/03/01                (S)        Scheduled But Not Heard                                                                      
05/03/01                (S)        FIN AT 6:30 PM SENATE FINANCE                                                                
                                   532                                                                                          
05/03/01                (S)        Moved CS(FIN) Out of                                                                         
                                   Committee -- Time Change --                                                                  
05/03/01                (S)        MINUTE(FIN)                                                                                  
05/04/01                (S)        RLS AT 1:00 PM FAHRENKAMP 203                                                                
05/04/01                (S)        -- Time Change --                                                                            
05/04/01                (S)        MINUTE(RLS)                                                                                  
05/04/01     1485       (S)        FIN RPT CS 5DP 1DNP 2NR NEW                                                                  
                                   TITLE                                                                                        
05/04/01     1486       (S)        DP: DONLEY, HOFFMAN, OLSON,                                                                  
                                   WARD,                                                                                        
05/04/01     1486       (S)        LEMAN; NR: KELLY, WILKEN;                                                                    
                                   DNP: GREEN                                                                                   
05/04/01     1486       (S)        FN1: INDETERMINATE(COR)                                                                      
05/04/01     1506       (S)        READ THE SECOND TIME                                                                         
05/04/01     1506       (S)        FIN CS ADOPTED UNAN CONSENT                                                                  
05/04/01     1507       (S)        ADVANCED TO 3RD READING FLD                                                                  
                                   Y12 N6 A2                                                                                    
05/04/01     1507       (S)        ADVANCED TO THIRD READING 5/5                                                                
                                   CALENDAR                                                                                     
05/04/01     1493       (S)        RULES TO 1ST SUP CALENDAR                                                                    
                                   5/4/01                                                                                       
05/05/01     1554       (S)        ADVANCED TO THIRD READING 5/6                                                                
                                   CALENDAR                                                                                     
05/06/01     1566       (S)        READ THE THIRD TIME CSSB
                                   169(FIN)                                                                                     
05/06/01     1567       (S)        RETURN TO SECOND FOR AM 1                                                                    
                                   UNAN CONSENT                                                                                 
05/06/01     1567       (S)        AM NO 1 FAILED Y7 N12 A1                                                                     
05/06/01     1567       (S)        AUTOMATICALLY IN THIRD                                                                       
                                   READING                                                                                      
05/06/01     1568       (S)        PASSED Y14 N6                                                                                
05/06/01     1568       (S)        LEMAN NOTICE OF                                                                              
                                   RECONSIDERATION                                                                              
05/06/01     1569       (S)        RECON TAKEN UP SAME DAY UNAN                                                                 
                                   CONSENT                                                                                      
05/06/01     1569       (S)        PASSED ON RECONSIDERATION Y13                                                                
                                   N6 A1                                                                                        
05/06/01     1609       (S)        TRANSMITTED TO (H)                                                                           
05/06/01     1609       (S)        VERSION: CSSB 169(FIN)                                                                       
05/06/01     1615       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/06/01     1615       (H)        JUD, FIN                                                                                     
05/06/01     1615       (H)        REFERRED TO JUDICIARY                                                                        
03/06/02                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
03/06/02                (H)        <Bill Postponed to 03/18/02>                                                                 
03/18/02                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE GARY STEVENS                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 428                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 393.                                                                                         
                                                                                                                                
CHRYSTAL SMITH, Special Assistant                                                                                               
Office of the Attorney General                                                                                                  
Department of Law (DOL)                                                                                                         
PO Box 110300                                                                                                                   
Juneau, Alaska  99811-0300                                                                                                      
POSITION STATEMENT:  During discussion of HB 393 responded to                                                                   
questions.                                                                                                                      
                                                                                                                                
CYNTHIA DRINKWATER, Assistant Attorney General                                                                                  
Fair Business Practices Section                                                                                                 
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
1031 West 4th Avenue, Suite 200                                                                                                 
Anchorage, Alaska  99501-1994                                                                                                   
POSITION STATEMENT:  During discussion of HB 393 provided                                                                       
comments and responded to questions.                                                                                            
                                                                                                                                
JOHN W. HESSE, II, Senior Attorney & Director                                                                                   
Government Relations                                                                                                            
Direct Selling Association (DSA)                                                                                                
1275 Pennsylvania Avenue, NW, Suite 800                                                                                         
Washington, DC  20004-2411                                                                                                      
POSITION STATEMENT:  During discussion of HB 393 provided                                                                       
comments, suggested an amendment, and responded to questions.                                                                   
                                                                                                                                
BRYAN HARRISON, Corporate Government Affairs                                                                                    
Alticor Inc.                                                                                                                    
7575 Fulton Street East                                                                                                         
Ada, Michigan  49355                                                                                                            
POSITION STATEMENT:  During discussion of HB 393 provided                                                                       
comments and responded to questions.                                                                                            
                                                                                                                                
ANNE CREWS, Vice President                                                                                                      
Corporate Affairs                                                                                                               
Mary Kay Inc.                                                                                                                   
PO Box 799045                                                                                                                   
Dallas, Texas  75379-9045                                                                                                       
POSITION STATEMENT:  During discussion of HB 393 provided                                                                       
comments, suggested an amendment, and responded to questions.                                                                   
                                                                                                                                
VALERIE J. DEWEY                                                                                                                
PO Box 72757                                                                                                                    
Fairbanks, Alaska  99707                                                                                                        
POSITION  STATEMENT:   During discussion  of HB  393 relayed  her                                                               
experience as the victim of a business-opportunity scam.                                                                        
                                                                                                                                
PAM LaBOLLE, President                                                                                                          
Alaska State Chamber of Commerce                                                                                                
217 2nd Street                                                                                                                  
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:   Provided comments  during discussion  of HB
393.                                                                                                                            
                                                                                                                                
SENATOR DAVE DONLEY                                                                                                             
Alaska State Legislature                                                                                                        
Capitol Building, Room 506                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of SB 169.                                                                                         
                                                                                                                                
ROBERT BUTTCANE, Legislative & Administrative Liaison                                                                           
Division of Juvenile Justice (DJJ)                                                                                              
Department of Health & Social Services (DHSS)                                                                                   
PO Box 110635                                                                                                                   
Juneau, Alaska  99811-0635                                                                                                      
POSITION  STATEMENT:   Testified  in  opposition  to SB  169  and                                                               
responded to questions.                                                                                                         
                                                                                                                                
LINDA WILSON, Deputy Director                                                                                                   
Public Defender Agency (PDA)                                                                                                    
Department of Administration                                                                                                    
900 West 5th Avenue, Suite 200                                                                                                  
Anchorage, Alaska  99501-2090                                                                                                   
POSITION STATEMENT:  Testified in opposition to SB 169.                                                                         
                                                                                                                                
CANDACE BROWER, Program Coordinator/Legislative Liaison                                                                         
Office of the Commissioner - Juneau                                                                                             
Department of Corrections (DOC)                                                                                                 
431 North Franklin Street, Suite 400                                                                                            
Juneau, Alaska  99801                                                                                                           
POSITION  STATEMENT:    During  discussion  of  SB  169  provided                                                               
comments.                                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-31, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  NORMAN  ROKEBERG  called   the  House  Judiciary  Standing                                                               
Committee  meeting  to  order  at   1:10  p.m.    Representatives                                                               
Rokeberg, James, Coghill,  and Meyer were present at  the call to                                                               
order.   Representatives  Berkowitz  and Kookesh  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
HB 393 - SALES OF BUSINESS OPPORTUNITIES                                                                                      
                                                                                                                                
Number 0010                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG announced  that the first order  of business would                                                               
be HOUSE BILL  NO. 393, "An Act relating to  unfair and deceptive                                                               
trade  practices  and  to the  sale  of  business  opportunities;                                                               
amending Rules  4 and  73, Alaska Rules  of Civil  Procedure; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
Number 0015                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARY  STEVENS, Alaska State  Legislature, sponsor,                                                               
said  that HB  393 focuses  on consumer  protection, particularly                                                               
with regard to  several scams lately discovered.   He referred to                                                               
a Redbook  magazine article  in members'  packets titled  "So you                                                             
want to  work at home?" that  details some of the  scams that are                                                               
taking  place.    He  noted   that  advertisements  for  business                                                               
opportunities,  sometimes referred  to as  "biz opps,"  often use                                                               
phrases like "Work at home  - earn money"; unfortunately, many of                                                               
these are  not legitimate  businesses.  He  remarked that  HB 393                                                               
would have  no impact on  legitimate businesses, but does  try to                                                               
control those  businesses that  are really  scams.   "What you'll                                                               
find here is  a pretty comprehensive statute  regulating the sale                                                               
of these  biz opps,"  he added.   All sorts of  these biz  opps -                                                               
from work-at-home  schemes such  as medical billing  and stuffing                                                               
envelopes,  to  the  sale  of  vending  machines,  greeting  card                                                               
display racks, "900  numbers," and other products  - promise high                                                               
earnings, which rarely materialize.                                                                                             
                                                                                                                                
REPRESENTATIVE  STEVENS remarked  that  with the  adoption of  HB
393, Alaska  will join approximately  "half of the  other states"                                                               
that  have  regulations  pertaining   to  the  sale  of  business                                                               
opportunities.   House  Bill 393  requires  "these companies"  to                                                               
register with  the state, to  disclose information to  buyers, to                                                               
use escrow  accounts to assure  delivery of business  assets, and                                                               
to  provide a  30-day right  of cancellation  to the  buyer.   In                                                               
addition  to these  consumer  safeguards, he  noted  that HB  393                                                               
provides  for civil  and criminal  penalties for  violators.   He                                                               
indicated that the goal is  to prevent these scams from happening                                                               
to  begin with,  rather than  spending a  lot of  law-enforcement                                                               
resources on the problem after people have been bilked.                                                                         
                                                                                                                                
Number 0225                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS  drew attention to Amendment  1 (Revised),                                                               
which  would   extend  the   disclosure  provisions   to  include                                                               
violations  of similar  laws  from other  states  and of  federal                                                               
securities-related  Acts;  Amendment  2, which  would  alter  the                                                               
provisions pertaining  to escrow account requirements  to include                                                               
a 30-day  restriction on  release; and  Amendment 3,  which would                                                               
provide an exemption  for registered securities.   In response to                                                               
questions,  he  concurred  that  although  the  House  Labor  and                                                               
Commerce  Standing  Committee  had   discussed  the  prospect  of                                                               
raising  -  from  $200  to  $500 -  the  exemption  for  business                                                               
opportunities  costing  under that  amount,  it  did not  do  so.                                                               
Noting  that  HB  393  is   not  intended  to  impact  legitimate                                                               
businesses such as Mary Kay  [Inc.], Amway [Corporation], or Avon                                                               
[Products, Inc.], for  example, he said that  the exemption found                                                               
on page 12,  lines 20-21, excludes from the provisions  of HB 393                                                               
legitimate  business opportunities  that are  sold for  less than                                                               
$200.                                                                                                                           
                                                                                                                                
CHAIR ROKEBERG  asked whether there are  any statutes, currently,                                                               
that regulate the sale of business opportunities.                                                                               
                                                                                                                                
REPRESENTATIVE  STEVENS  said  that  "there are  laws  after  the                                                               
fact,"  but HB  393  would require  these  businesses [that  sell                                                               
business opportunities]  to register  with the  state beforehand.                                                               
He remarked  that in other states,  similar legislation requiring                                                               
registration  has   stopped  a  lot  of   scams  from  occurring.                                                               
"Certainly [there]  are laws that  protect the consumer  ..., but                                                               
the problem is [that]  it takes a lot of time  and you can't find                                                               
these businesses -  they have no address, they  have no principal                                                               
figures you can attach any crimes  to - so these people go pretty                                                               
much unscathed," he noted.                                                                                                      
                                                                                                                                
CHAIR ROKEBERG  asked for  a description  of the  violations that                                                               
would  constitute  a class  C  felony  and  of those  that  would                                                               
constitute a class A misdemeanor.                                                                                               
                                                                                                                                
REPRESENTATIVE  STEVENS asked  to  defer the  discussion on  that                                                               
issue to Department of Law representatives.                                                                                     
                                                                                                                                
REPRESENTATIVE  MEYER asked  why a  $200-cap was  picked for  the                                                               
exemption.                                                                                                                      
                                                                                                                                
Number 0530                                                                                                                     
                                                                                                                                
CHRYSTAL  SMITH,  Special  Assistant,   Office  of  the  Attorney                                                               
General,  Department of  Law (DOL),  said that  the $200-cap  was                                                               
recommended by the [Fair Business  Practices] Section of the DOL.                                                               
She elaborated:                                                                                                                 
                                                                                                                                
     They  looked  at  the  kinds of  scams  that  they  saw                                                                    
     happening  and  the  laws  in  other  states  that  ...                                                                    
     recommended  a  $200 level.    I  know there  are  some                                                                    
     states  that have  a  $500 level,  [but]  ... when  our                                                                    
     consumer  protection  attorneys  spoke with  ...  their                                                                    
     counterparts in  other states, many of  them said, "You                                                                    
     don't want it  to be as high as $500,  there's a lot of                                                                    
     this  kind  of scam  business  that  falls between  the                                                                    
     $350-$300 to  $500 range, [and]  a lot of  pricing them                                                                    
     at $499."                                                                                                                  
                                                                                                                                
     At least two of the states  which had a $500 level have                                                                    
     come back  ...:  one, I  believe, ... to a  $300 level,                                                                    
     and one to  a $250 or ...  a $350 [level].   But I know                                                                    
     there's been backward movement.   I know there are some                                                                    
     interests out there  who are trying to  encourage us to                                                                    
     go up  to a  $500 [level],  and I  think we  just think                                                                    
     that's  too high.   ...  I know  you had  some concerns                                                                    
     about maybe it should be $100  or $50.  I think that we                                                                    
     just kind  of settled  on a  $200 [level],  as anything                                                                    
     under that  is de  minimis in  terms of  a loss  to the                                                                    
     consumer  and  we  just  saw it  as  being  [a]  bigger                                                                    
     governmental  burden than  maybe  we  were prepared  to                                                                    
     take on.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MEYER  asked  whether  leaving the  cap  at  $200                                                               
would,  in  effect, be  saying  that  scams  below $200  will  be                                                               
tolerated.                                                                                                                      
                                                                                                                                
MS. SMITH said  yes, noting that the amount of  an exemption cap,                                                               
if any,  is a policy decision  that the legislature has  to make.                                                               
To the question of whether the  amount should be lower than $200,                                                               
she replied that there is a cost-benefit issue to be considered.                                                                
                                                                                                                                
REPRESENTATIVE  JAMES asked  whether  businesses  must obtain  an                                                               
Alaska  business   license  if  in  Alaska   they  sell  business                                                               
opportunities.                                                                                                                  
                                                                                                                                
MS. SMITH said that currently,  they don't have to be "registered                                                               
as a business through a business  opportunity and we don't need a                                                               
lot of information; I'm not sure  whether they need to go through                                                               
the  [Department of  Community and  Economic Development  (DCED)]                                                               
and get a regular business license."                                                                                            
                                                                                                                                
Number 0753                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES opined  that requiring  such businesses  to                                                               
get a business license would be a simpler process.                                                                              
                                                                                                                                
MS.  SMITH noted  that one  of the  problems encountered  is that                                                               
"sometimes you  can't find these  people."  She pointed  out that                                                               
HB 393 is not intended to  put undue burdens on anybody.  Rather,                                                               
it is  to scare "scammers" so  that they don't try  to operate in                                                               
Alaska or, when they do, to  allow the state to go directly after                                                               
them for failure to register,  as opposed to waiting for somebody                                                               
to  come in  and complain,  because scam  companies often  change                                                               
names and locations.                                                                                                            
                                                                                                                                
REPRESENTATIVE JAMES pointed out that  there are provisions in HB
393 that  require businesses that sell  business opportunities to                                                               
obtain a $75,000 bond and pay a registration fee.                                                                               
                                                                                                                                
MS.  SMITH   mentioned  that  the   registration  fee   would  be                                                               
established  by regulation,  and it  is estimated  to be  between                                                               
$100 and $150.                                                                                                                  
                                                                                                                                
REPRESENTATIVE JAMES expressed the  concern that provisions of HB
393 might  be too tough  for valid  businesses and thus  would be                                                               
overcorrecting the problem.                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS  reiterated that  it is not  his intention                                                               
to make  it hard on  legitimate businesses, but rather  to "catch                                                               
those  that  are  causing  the   problems  for  consumers."    He                                                               
acknowledged,  however, that  "it's a  tough line  to figure  out                                                               
where  we  should  be;  we  don't want  to  run  away  legitimate                                                               
business."                                                                                                                      
                                                                                                                                
CHAIR ROKEBERG  asked whether $75,000 surety  bonds are available                                                               
and, if so, what they cost.                                                                                                     
                                                                                                                                
REPRESENTATIVE   STEVENS  remarked   that   the   DOL  has   that                                                               
information and could respond to that issue.                                                                                    
                                                                                                                                
Number 0959                                                                                                                     
                                                                                                                                
CYNTHIA  DRINKWATER, Assistant  Attorney  General, Fair  Business                                                               
Practices Section, Civil Division  (Anchorage), Department of Law                                                               
(DOL), said that the area of  biz opps is a field that frequently                                                               
exhibits  unfair or  deceptive business  practices, and  23 other                                                               
states   have   some   kind   of   registration   or   disclosure                                                               
requirements.   Most [of those  23] states  require registration,                                                               
but  not all  of them.    She opined  that HB  393 is  especially                                                               
important   because  it   protects  consumers   in  general   and                                                               
vulnerable  consumers in  particular, because  often these  scams                                                               
are targeted  at people  who don't have  options to  work outside                                                               
the home, such  as senior citizens, people  with disabilities, or                                                               
people with limited education or job skills.                                                                                    
                                                                                                                                
MS.  DRINKWATER  opined  that  HB  393  would  provide  effective                                                               
consumer   protection   by    requiring   sellers   of   business                                                               
opportunities  to make  very important  disclosures to  potential                                                               
buyers.    Sellers  would be  required  to  use  [state-developed                                                               
written]  contracts;   would  be  required  "to   licensure  with                                                               
disclosure statements"  pertaining to financial  and registration                                                               
history;  and would  be  required to  provide  details about  the                                                               
total  amounts  involved in  the  contracts,  about the  delivery                                                               
dates, and about  services provided by the sellers.   All in all,                                                               
she  added,  HB  393  would  allow  consumers  to  make  informed                                                               
decisions before they "invest" their money.                                                                                     
                                                                                                                                
MS.  DRINKWATER  noted  that  from  an  enforcement  perspective,                                                               
registration  should  be required  and  is  important because  it                                                               
enables the state  to contact these companies, should  it wish to                                                               
pursue actions against them.  Via  HB 393, the state could gather                                                               
information about the nature of the  biz opps, how they are being                                                               
advertised,  and  who  the  sellers  are.    She  said  that  she                                                               
anticipates that there will be a  lot of sellers of biz opps that                                                               
won't  register, because  that is  frequently the  case in  other                                                               
states, but via  the enforcement provisions of HB  393, the state                                                               
can write  those businesses  "cease and  desist" letters  and, if                                                               
necessary,  conduct further  investigations.   She noted  that HB
393  would  provide for  enforcement  and  protections that  mere                                                               
business licenses do not afford.                                                                                                
                                                                                                                                
Number 1204                                                                                                                     
                                                                                                                                
MS.  DRINKWATER, referring  to the  issue of  the $200  exemption                                                               
threshold,  remarked that  that  amount is  a  compromise.   Many                                                               
states have a $500 threshold, below  which sellers of biz opps do                                                               
not have  to register, but  a number of  other states -  at least                                                               
nine other  states -  have a threshold  ranging between  $200 and                                                               
$300; in addition,  she pointed out, one of the  model Acts has a                                                               
$250  threshold.    She,  too,  remarked  that  according  to  an                                                               
informal survey  of the states  with similar  legislation, almost                                                               
all  of them  recommend  having a  lower  threshold because  scam                                                               
artists simply  adjust the sales  price so  that it is  below any                                                               
established   threshold   and   because  anything   [over   $200]                                                               
constitutes  a  substantial  amount  of money  for  many  people,                                                               
though even $200  is a significant amount of money  in terms of a                                                               
loss  to consumers.    She also  noted that  none  of the  states                                                               
polled  indicated that  a  $200  threshold has  proven  to be  an                                                               
administrative burden.                                                                                                          
                                                                                                                                
MS. DRINKWATER, referring to the  criminal penalties provided for                                                               
on  page 12  of  HB  393, explained  that  the felony  violations                                                               
pertain to the registration  requirements, the bond requirements,                                                               
the  disclosure statements,  the escrow  accounts, the  use of  a                                                               
written contract, and untrue statements  made by the seller.  She                                                               
noted  that this  penalty scheme  is consistent  - though  not an                                                               
exact match  - with other  states:  14 have  criminal provisions,                                                               
and 10 of those have felony provisions.                                                                                         
                                                                                                                                
MS. DRINKWATER, referring to the  list of exemptions beginning on                                                               
page 12,  noted that in  addition to  the exemption for  biz opps                                                               
being  sold  for less  than  $200,  there  is an  exemption  for:                                                               
"sales demonstration equipment, materials,  or samples for use in                                                               
sales  demonstrations and  not for  resale, or  product inventory                                                               
sold to the buyer at a bona fide wholesale price".                                                                              
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked how  the criminal charges proposed                                                               
in HB  393 intersect with  existing potential charges  located in                                                               
AS  11.46.710  -  deceptive  business   practices  -  and  in  AS                                                               
11.46.180 -  theft by deception.   He  opined that there  is some                                                               
intersection there that  could result in some  confusion based on                                                               
different standards and definitions.                                                                                            
                                                                                                                                
Number 1611                                                                                                                     
                                                                                                                                
MS.  DRINKWATER  said  that  only the  first  [paragraph]  of  AS                                                               
11.46.710  could apply  to the  sale of  a business  opportunity;                                                               
that  paragraph  refers  to  making   a  false  statement  in  an                                                               
advertisement or  communication to the public.   She acknowledged                                                               
that there  may be  some overlap,  but pointed  out that  she has                                                               
never  seen that  statute  used for  prosecution  purposes.   She                                                               
noted   that  if   the   Internet  is   used   in  violating   AS                                                               
11.46.710(a)(1),  it is  a class  C  felony; otherwise,  it is  a                                                               
class  A misdemeanor.    She remarked  that  AS 11.46.180  simply                                                               
allows prosecution  of individuals  who are  involved in  biz opp                                                               
scams, and  whether the  penalty is  a class  A misdemeanor  or a                                                               
class C felony depends solely on  the amount of money or property                                                               
involved.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked  whether  all  statutes thus  far                                                               
discussed would work  in a complimentary fashion,  rather than in                                                               
opposition to each other.                                                                                                       
                                                                                                                                
MS. DRINKWATER indicated that she  could not foresee the statutes                                                               
conflicting with each  other, and that it would not  be a problem                                                               
to "provide for criminal enforcement" in  HB 393.  Turning to the                                                               
issue of the $75,000 surety  bond, she explained that that amount                                                               
is on the higher end  when compared to other statutorily required                                                               
bonds.   There  are three  other  states that  require a  $75,000                                                               
bond,  but more  frequently the  bond is  $50,000; however,  as a                                                               
practical matter,  she remarked, there  is not a  huge difference                                                               
between  those two  types of  bonds, though  requiring a  $75,000                                                               
bond would  provide significantly more protection  for consumers.                                                               
She explained  that the cost of  a bond is roughly  $20 for every                                                               
$1,000  worth of  bond  protection; thus  a  $75,000 surety  bond                                                               
could cost approximately $1,500, and  a $50,000 surety bond could                                                               
cost  approximately  $1,000.   She  opined  that  for  legitimate                                                               
businesses, the difference  in the cost would not  create a "make                                                               
it or break it" situation.                                                                                                      
                                                                                                                                
REPRESENTATIVE MEYER  pointed out,  however, that a  $75,000 bond                                                               
costs  50  percent more  than  a  $50,000  bond,  and that  is  a                                                               
significant  difference.    He  said his  concern  is  that  some                                                               
legitimate businesses  will simply decide  not to do  business in                                                               
Alaska.  He  asked whether requiring a written  contract would be                                                               
intimidating  to people  in rural  Alaska,  and whether  it is  a                                                               
common practice in other states.                                                                                                
                                                                                                                                
Number 1870                                                                                                                     
                                                                                                                                
MS. DRINKWATER indicated  that requiring a written  contract is a                                                               
common practice  in other states.   She posited that doing  so is                                                               
important when  considering how  these transactions  often occur.                                                               
One method, for example, involves  inviting people to a "seminar"                                                               
on how to run an e-commerce  business or how to conduct some kind                                                               
of  business on  the Internet,  and once  consumers get  into the                                                               
seminar, they  are subjected to  high-pressure sales  tactics and                                                               
become convinced that  they have to signup right  then and there.                                                               
And, unfortunately,  a lot of them  do sign up then,  even though                                                               
in  retrospect, after  they are  away from  that situation,  they                                                               
often wonder  what possessed them to  do so.  These  scam artists                                                               
are very  skilled at persuading people  to act in ways  that they                                                               
might not  otherwise act, had they  been given a little  time for                                                               
reflection.    Thus,  she  opined, a  written  contract  is  very                                                               
important, especially  since it would  set out all  the important                                                               
terms.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  MEYER agreed;  a  written contract  is just  good                                                               
business.   He asked whether, under  the provisions of HB  393, a                                                               
person could be charged with both a felony and a misdemeanor.                                                                   
                                                                                                                                
MS. DRINKWATER  said yes, though  not for the same  conduct, just                                                               
under different provisions.                                                                                                     
                                                                                                                                
REPRESENTATIVE MEYER  sought confirmation  that a class  C felony                                                               
can  include  imprisonment  up  to  five years,  and  a  class  A                                                               
misdemeanor up to one year.                                                                                                     
                                                                                                                                
MS. DRINKWATER confirmed that.                                                                                                  
                                                                                                                                
CHAIR  ROKEBERG mentioned  that  under HB  393,  Alaska would  be                                                               
treating scam artists "tougher than moose poachers."                                                                            
                                                                                                                                
Number 1993                                                                                                                     
                                                                                                                                
MS.  DRINKWATER, referring  to Amendment  1 (Revised),  explained                                                               
that  it  clarifies  what  information  needs  to  be  disclosed,                                                               
including violations  of [state and federal]  securities laws and                                                               
violations  of consumer  protection laws  both in  Alaska and  in                                                               
other  jurisdictions.   In  addition, the  state  would have  the                                                               
ability to  deny, suspend, or  revoke a person's  registration in                                                               
certain  situations.    Amendment  1  (Revised)  reads  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 2, line 24:                                                                                                           
          Delete "and"                                                                                                          
                                                                                                                                
     Page 3, line 2, following "person":                                                                                        
          Delete "."                                                                                                            
          Insert "; and"                                                                                                        
                                                                                                                                
     Page 3, following line 2:                                                                                                  
          Insert a new paragraph to read:                                                                                       
               "(4) disclosures of criminal convictions,                                                                        
          civil judgments, orders, consent decrees, and                                                                         
          administrative       determinations      involving                                                                    
          allegations of violations of AS 45.55 (securities                                                                     
          laws) or a law of another jurisdiction with                                                                           
          substantially similar provisions, or violations                                                                       
          of 15 U.S.C. 77a - 77bbbb (Securities Exchange                                                                        
          Act of 1933), 15 U.S.C. 78a - 78lll (Securities                                                                       
          Exchange Act of 1934), or 15 U.S.C. 80a-1 - 80b-                                                                      
          21 (Investment Company Act of 1940/Investment                                                                         
          Advisers Act of 1940)."                                                                                               
                                                                                                                                
     Page 5, line 20, following AS 45.66.020(b)(3):                                                                           
          Insert "and (4)"                                                                                                    
                                                                                                                                
     Page 11, line 15, following "property;":                                                                                   
          Delete "or"                                                                                                           
                                                                                                                                
     Page 11, line 19, following "jurisdiction;":                                                                               
          Insert "or"                                                                                                           
                                                                                                                                
     Page 11, following line 19:                                                                                                
          Insert a new sub-subparagraph to read:                                                                                
                    "(iii) violations of AS 45.55                                                                               
               (securities laws) or a law of another                                                                            
               jurisdiction with substantially similar                                                                          
               provisions, or violations of 15 U.S.C.                                                                           
               77a - 77bbbb (Securities Exchange Act of                                                                         
               1933), 15 U.S.C. 78a - 78lll (Securities                                                                         
               Exchange Act of 1934), or 15 U.S.C. 80a-1 -                                                                      
               80b-21 (Investment Company Act of                                                                                
               1940/Investment Advisers Act of 1940);"                                                                          
                                                                                                                                
     Page 11, line 23, following "chapter":                                                                                     
          Insert "or a law of another jurisdiction with                                                                         
          substantially similar provisions"                                                                                     
                                                                                                                                
     Page 11, line 29:                                                                                                          
          Following "45.50.561":                                                                                                
               Insert " or a law of another jurisdiction                                                                        
               with substantially similar provisions"                                                                           
          Following ";"                                                                                                         
               Delete "or"                                                                                                      
                                                                                                                                
     Page 11, line 30, following "AS 45.68":                                                                                    
          Insert "or laws of another jurisdiction with                                                                          
          substantially similar provisions"                                                                                     
                                                                                                                                
     Page 11, following line 30:                                                                                                
          Insert a new sub-subparagraph to read:                                                                                
               "(vi) violations of AS 45.55 (securities                                                                         
          laws) or a law of another jurisdiction with                                                                           
          substantially similar provisions, or violations                                                                       
          of 15 U.S.C. 77a - 77bbbb (Securities Exchange                                                                        
          Act of 1933), 15 U.S.C. 78a - 78lll (Securities                                                                       
          Exchange Act of 1934), or 15 U.S.C. 80a-1 - 80b-                                                                      
          21 (Investment Company Act of 1940/Investment                                                                         
          Advisers Act of 1940); or"                                                                                            
                                                                                                                                
Number 2082                                                                                                                     
                                                                                                                                
MS.  DRINKWATER,  referring to  Amendment  2,  explained that  it                                                               
clarifies the  escrow arrangements and  allows any money  held in                                                               
an escrow  account, which is  any amount  over 20 percent  of the                                                               
"initial payment",  to be  held for  30 days,  which is  the same                                                               
amount of  time the buyer  has in  which to cancel  the contract.                                                               
Amendment 2 reads [original punctuation provided]:                                                                              
                                                                                                                                
     Page 7, line 17:                                                                                                           
          Delete "seller may not"                                                                                               
          Insert "escrow account holder may not"                                                                                
                                                                                                                                
     Page 7, line 18, following "(c)":                                                                                          
          Insert "and (d)"                                                                                                      
                                                                                                                                
     Page 7, line 19, following "shall":                                                                                        
          Insert "provide to the escrow account holder a                                                                        
     copy of the  signed contract between the  buyer and the                                                                    
     seller.  The seller shall"                                                                                                 
                                                                                                                                
     Page 7, line 25, following "provided":                                                                                     
          Insert "in (d) of this section or"                                                                                    
                                                                                                                                
     Page 7, line 26, following "until":                                                                                        
          Insert "30 days have passed since the buyer                                                                           
     signed the contract and"                                                                                                   
                                                                                                                                
     Page 7, line 27, following "escrow":                                                                                       
          Insert "account"                                                                                                      
                                                                                                                                
     Page 7, line 29, following "escrow":                                                                                       
          Insert "account"                                                                                                      
                                                                                                                                
     Page 7, following line 30:                                                                                                 
          Insert a new subsection to read:                                                                                      
               "(d) Upon notification by the buyer that the                                                                     
          contract has been cancelled under AS 45.66.130,                                                                       
          the escrow account holder shall release the money                                                                     
          held in the escrow account to the buyer."                                                                             
                                                                                                                                
     Page 8, line 11, following "escrow":                                                                                       
          Insert "account"                                                                                                      
                                                                                                                                
MS.  DRINKWATER,  referring to  Amendment  3,  explained that  it                                                               
merely  clarifies  the  exemption   pertaining  to  the  sale  of                                                               
registered securities.   Amendment 3 reads  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 13, line 3:                                                                                                           
          Delete "regulated"                                                                                                    
          Insert "registered"                                                                                                   
                                                                                                                                
     Page 13, line 4:                                                                                                           
          Delete "regulation"                                                                                                   
          Insert "registration"                                                                                                 
                                                                                                                                
Number 2204                                                                                                                     
                                                                                                                                
JOHN  W.  HESSE,  II,  Senior  Attorney  &  Director,  Government                                                               
Relations,  Direct  Selling   Association  (DSA),  testified  via                                                               
teleconference.  He  explained that the DSA,  a trade association                                                               
established  in 1910,  represents  more than  150 companies  that                                                               
market  their   products  and  businesses   to  consumers.     He                                                               
elaborated:                                                                                                                     
                                                                                                                                
     They're  independent  sales people,  primarily  through                                                                    
     home  parties or  person-to-person sales.   Our  member                                                                    
     companies  include commercial  names  that  you may  be                                                                    
     aware of  - Amway, Avon,  Mary Kay, Shaklee, to  name a                                                                    
     few.   Our industry generates $83  billion in worldwide                                                                    
     sales, [$25.5] billion  in the United States.   We have                                                                    
     a  sales  force of  11  million  people in  the  United                                                                    
     States, and on average  there are 30,000 direct sellers                                                                    
     in  every congressional  district, and  so we  estimate                                                                    
     that in  Alaska there  are approximately  30,000 direct                                                                    
     sellers, [though] that number  varies from time to time                                                                    
     because people  move in  and out of  our business  on a                                                                    
     monthly, if not a weekly, basis.                                                                                           
                                                                                                                                
     [The Direct Selling Association  (DSA)] and its members                                                                    
     have been involved  in the effort to curb  fraud in the                                                                    
     sale of  business opportunities at  the federal  and at                                                                    
     the state levels  since the late 1970s....   We believe                                                                    
     that   business-opportunity   fraud  undermines   vital                                                                    
     public  confidence in  industries like  direct selling,                                                                    
     which    utilize    and    depend    upon    individual                                                                    
     entrepreneurship.    We   further  believe  that  clear                                                                    
     distinctions  can be  draw between  direct selling  and                                                                    
     business   opportunities   because   [the]   investment                                                                    
     required   to   participate   in   a   direct   selling                                                                    
     opportunity is comparatively low.                                                                                          
                                                                                                                                
Number 2295                                                                                                                     
                                                                                                                                
MR. HESSE continued:                                                                                                            
                                                                                                                                
     Our issue  with the legislation  before you - HB  393 -                                                                    
     is  that   the  dollar   threshold  contained   in  the                                                                    
     exemption section is  too low.  And if I  could at this                                                                    
     time, I'll  just try and  address some of  the concerns                                                                    
     and  [resistance]  that  has been  raised  around  that                                                                    
     number, and sort  of why ... we've  been involved since                                                                    
     the  late  1970s,  beginning  with  the  Federal  Trade                                                                    
     Commission's [FTC's]  adoption of  its trade-regulation                                                                    
     rule   on   business  opportunities   and   franchises.                                                                    
     Largely  our  concern  in  this  area  is  to  be  good                                                                    
     corporate   citizens  and   to   support  good   public                                                                    
     policies.                                                                                                                  
                                                                                                                                
     And,  in that  regard,  we support  clear and  distinct                                                                    
     laws  that are  not  only clear  for  lawyers, but  are                                                                    
     clear  for individuals  - normal  citizens  - like  our                                                                    
     Avon  ladies and  Mary  Kay  sales representatives  and                                                                    
     Amway  distributors.   We believe  that laws  should be                                                                    
     drafted  so the  government  authority  is tailored  to                                                                    
     address a specific social law.   In this case, business                                                                    
     opportunities   generally   -   almost   all   business                                                                    
     opportunity    schemes    -   represent    out-of-state                                                                    
     opportunities  that run  ads  in  local newspapers  and                                                                    
     then  send in  salespeople to  subject the  individuals                                                                    
     who may  have responded  to the  ad to  a high-pressure                                                                    
     sale; you  give them  a short amount  of time  to close                                                                    
     the sale.                                                                                                                  
                                                                                                                                
     The perpetrators  are professionals and they  appear to                                                                    
     be  legitimate companies.   Most  are repeat  offenders                                                                    
     [from]  ... other  states.   The goal  [for] ...  these                                                                    
     criminals is  to force  their victims  to make  a hasty                                                                    
     decision,  to  tell  them  that  they  have  a  limited                                                                    
     opportunity or  a closed group of  people involved, and                                                                    
     they will  seek a large, upfront  investment, typically                                                                    
     more  than the  $200, or  even the  $500 that  we think                                                                    
     represents  good  public  policy  in this  area.    Our                                                                    
     concern, not  only with the  $200 figure, but  with the                                                                    
     exemption that  was raised  - the  additional exemption                                                                    
     that's crafted  in an attempt  to protect us -  is that                                                                    
     Avon  ladies  and  Mary   Kay  distributors  and  Amway                                                                    
     distributors  not only  resell the  products that  they                                                                    
     purchase  from the  companies,  but  they also  consume                                                                    
     them.   Some  may purchase  products to  use as  gifts,                                                                    
     either  in their  circles of  friends that  they travel                                                                    
     in, or among their families.                                                                                               
                                                                                                                                
Number 2390                                                                                                                     
                                                                                                                                
MR. HESSE went on to say:                                                                                                       
                                                                                                                                
     In addition,  polling other  attorney generals  is sort                                                                    
     of  like  polling police  officers  on  whether or  not                                                                    
     search warrants should be required.   Of course they're                                                                    
     going to say  the dollar threshold should be  as low as                                                                    
     possible  just  like  a  police  officer  is  going  to                                                                    
     complain  about  the  requirement that  they  obtain  a                                                                    
     search warrant before they enter  someone's house.  The                                                                    
     Federal    Trade    Commission    regulates    business                                                                    
     opportunities beginning  at $500 and up.   The proposal                                                                    
     before    you    proposes    to    regulate    business                                                                    
     opportunities, we  believe, between $200 and  $500, and                                                                    
     we're not sure  what scams ... are  occurring in Alaska                                                                    
     that this  particular law would reach  that the Federal                                                                    
     Trade Commission rule does not reach.                                                                                      
                                                                                                                                
     To be clear, only three  states have a threshold as low                                                                    
     as $200, and we believe that  it might be a more useful                                                                    
     exercise  to focus  on  prevention  efforts:   consumer                                                                    
     education, the  assistance of your local  newspapers in                                                                    
     screening  so-called  questionable   ads,  and  posting                                                                    
     consumer warnings in the sections  where they also post                                                                    
     business-opportunity advertisements.   It's  unclear to                                                                    
     us  that   that's  actually   occurring.     In  short,                                                                    
     business-opportunity  statutes  contain  thresholds  to                                                                    
     restrict   strict   compliance    modes   on   business                                                                    
     opportunities  where people  invest a  large amount  of                                                                    
     money  upfront.    They focus  limited  valuable  state                                                                    
     resources on  situations where people can  be seriously                                                                    
     harmed,  and  they   reassure  small  businesses,  like                                                                    
     direct  sellers,  that  they  will  be  protected  from                                                                    
     inadvertent coverage.                                                                                                      
                                                                                                                                
MR. HESSE concluded by requesting  that the "dollar threshold" be                                                               
changed  to  $500,  or  at  least as  close  to  that  amount  as                                                               
possible, and moved  from the exemption section  and crafted into                                                               
the definition of  "business opportunity" so that  it's clear who                                                               
is covered and  who is not.   In response to a  question, he said                                                               
the DSA does not have any concerns regarding the amount of bond.                                                                
                                                                                                                                
TAPE 02-31, SIDE B                                                                                                              
Number 2500                                                                                                                     
                                                                                                                                
MR.  HESSE, in  response to  a question,  explained that  when an                                                               
Avon lady  signs up to  be an  Avon lady, for  example, typically                                                               
she believes in the products that  they're selling, and that is a                                                               
hallmark of  the industry.   All of  the sales  reps, presumably,                                                               
believe in and use the products that they turn around and sell;                                                                 
that is how  the industry markets its products, and  that is what                                                               
makes it  a successful stream of  distribution and differentiates                                                               
it from mass advertisers.  He elaborated:                                                                                       
                                                                                                                                
     Our companies typically start with  very low budgets or                                                                    
     very  small businesses.    Sometimes they're  fortunate                                                                    
     enough to  grow beyond  that, but,  by and  large, they                                                                    
     don't  have the  dollars to  put into  mass advertising                                                                    
     that allows  other manufacturers  and retailers  of the                                                                    
     products to  get their products known  and purchased by                                                                    
     the general public.  And so  they rely on a sales force                                                                    
     that's,  number  one,  knowledgeable and,  number  two,                                                                    
     will be  using these  products.  ...  All I  was merely                                                                    
     pointing out was  that if someone believes  in and uses                                                                    
     the product,  they're likely  to pass  it on,  and that                                                                    
     person is  not a  sophisticated individual  and they're                                                                    
     not going to  know whether or not  their activities are                                                                    
     ... within  whatever legal parameters  are drawn.   And                                                                    
     that's why  we argue for  the clear distinction,  in as                                                                    
     simple terms as  we can get, which would  be the dollar                                                                    
     threshold.                                                                                                                 
                                                                                                                                
CHAIR    ROKEBERG   mentioned    a   concern    regarding   sales                                                               
representatives  who have  to purchase  a certain  amount of  the                                                               
product  - and  then wind  up having  to use  it themselves  - in                                                               
order to maintain their sales representative status.                                                                            
                                                                                                                                
MR.  HESSE   indicated  that   the  industry   maintains  several                                                               
protections   against   burdening  sales   representatives   with                                                               
unwanted inventory; most companies  that belong the DSA subscribe                                                               
to  a code  of ethics  that requires  them to  purchase back  any                                                               
remaining  inventory  if  a   distributor  or  independent  sales                                                               
consultant decides to leave the business.                                                                                       
                                                                                                                                
CHAIR ROKEBERG  asked whether, under the  provision regarding the                                                               
exemption  threshold,  independent  sales  representatives  would                                                               
have  to be  registered and  bonded if  they purchased  more than                                                               
$200 worth of inventory.                                                                                                        
                                                                                                                                
Number 2363                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS   said  no.    In   response  to  further                                                               
questions,  he  confirmed  that   the  registration  and  bonding                                                               
provisions apply  only to the  parent companies and only  if what                                                               
they sell to potential  independent sales representatives exceeds                                                               
the  $200 threshold,  unless  what is  sold  qualifies as  "sales                                                               
demonstration equipment,  materials, or samples for  use in sales                                                               
demonstrations and not  for resale, or product  inventory sold to                                                               
the buyer at a bona fide wholesale price".                                                                                      
                                                                                                                                
MS. SMITH  added that companies  such as Avon, Amway,  and others                                                               
that sell kits of sample  materials to sales representatives, who                                                               
then  order  items  at  a  wholesale price  and  resell  them  to                                                               
customers, would  be excluded via the  aforementioned exemption -                                                               
[paragraph] (5)  - on page 12.   She explained that  the kinds of                                                               
companies that would be required to  be registered - and it would                                                               
be the company itself, not the  sales person, that is required to                                                               
be  registered -  are  those,  for example,  that  offer to  help                                                               
someone  find places  for vending  machines, or  that "sell"  the                                                               
opportunity  to  stuff envelopes,  or  that  have seminars  which                                                               
"teach" certain computer/Internet skills.   She mentioned hearing                                                               
from an individual  who had bought software that  was supposed to                                                               
turn the individual into a medical transcriber.                                                                                 
                                                                                                                                
REPRESENTATIVE  JAMES  noted  that  the   ads  she  has  seen  on                                                               
television and in the paper  don't mention any price; they simply                                                               
say to  call an  "800 number."   How would  one know  whether the                                                               
initial cost is going to be  under the $200 threshold?  A company                                                               
could just  suck its  victims in, $25  at a time.   Scams  can do                                                               
damage even  at a $50  level, she noted.   She opined  that there                                                               
ought  not  be any  threshold  exemption,  since  HB 393  is  not                                                               
intended   to  affect   the   sellers   of  legitimate   business                                                               
opportunities.                                                                                                                  
                                                                                                                                
Number 2183                                                                                                                     
                                                                                                                                
BRYAN  HARRISON,  Corporate  Government  Affairs,  Alticor  Inc.,                                                               
testified via teleconference.   He explained that  Alticor is the                                                               
parent  company of  Amway and  Quixtar  Inc., both  of which  are                                                               
direct selling companies.   He indicated that he  agreed with Mr.                                                               
Hesse's comments.   He added  that although a  $200-threshold may                                                               
not  pose  a  great  administrative burden  from  a  governmental                                                               
perspective,  it could  prove to  be too  great a  burden on  the                                                               
individual who is trying to go  into direct sales.  He noted that                                                               
direct  sales is  not a  get-rich-quick  scheme, rather  it is  a                                                               
supplementary  income, and  $1,500  for a  bond  could equal  the                                                               
entire annual  income of  many who  participate in  direct sales.                                                               
He  expressed the  concern  that HB  393,  as currently  written,                                                               
could  strongly discourage  people from  entering into  a direct-                                                               
sales type  of enterprise.   With regard  to the dollar  level at                                                               
which  schemes are  perpetrated,  he observed  that  most of  the                                                               
problem occurs at  a higher level, which is why  other states and                                                               
the FTC set a $500 threshold.                                                                                                   
                                                                                                                                
CHAIR ROKEBERG  asked whether, in pyramid-type  companies such as                                                               
Amway, the  provisions of HB  393 could affect  those individuals                                                               
that rise to the distributor level.                                                                                             
                                                                                                                                
MR. HARRISON  opined that  there is that  potential in  the sense                                                               
that many legitimate companies have  multilevel marketing, and so                                                               
it's possible that  the cost of entering into one  of those types                                                               
of businesses could break the $200 threshold.                                                                                   
                                                                                                                                
REPRESENTATIVE  JAMES  opined  that because  the  $200  threshold                                                               
would apply only to companies  selling a business opportunity, HB
393 would  not affect companies  such as Amway, Avon,  or Quixtar                                                               
that use direct sales to market products.                                                                                       
                                                                                                                                
CHAIR ROKEBERG  remarked that "there  seems to be  some crossover                                                               
with product value."                                                                                                            
                                                                                                                                
REPRESENTATIVE   STEVENS  assured   members   that  any   bonding                                                               
requirement or  administrative burden engendered by  HB 393 would                                                               
never be  on the person doing  the selling; it would  never be on                                                               
the Avon, Amway, Shaklee, or  Quixtar distributor.  He reiterated                                                               
that the  exemption regarding product  inventory being sold  at a                                                               
bona   fide   wholesale   price   ensures   that   direct   sales                                                               
representatives  would be  excluded from  the requirements  of HB
393.                                                                                                                            
                                                                                                                                
CHAIR  ROKEBERG asked  whether  the provisions  in  HB 393  would                                                               
apply  to those  sales representatives  that reach  the level  of                                                               
wholesaler.                                                                                                                     
                                                                                                                                
Number 1935                                                                                                                     
                                                                                                                                
MR.  HARRISON acknowledged  that  according  to the  explanations                                                               
given by the sponsor and the DOL representatives, it would not.                                                                 
                                                                                                                                
REPRESENTATIVE  JAMES asked  whether  someone going  door-to-door                                                               
selling meat, for example, would be considered a direct seller.                                                                 
                                                                                                                                
MS. SMITH  said yes.  The  sale of a business  opportunity is the                                                               
sale to  the person who is  going to market [a  product]; thus it                                                               
is "company bogus  'X'" - which is probably located  out of state                                                               
and which  has been  trying to  sell its  bogus product  or bogus                                                               
business scheme  to people  throughout the  United States  - that                                                               
has  to  register  as  selling   a  business  opportunity.    She                                                               
elaborated:                                                                                                                     
                                                                                                                                
     If you  decide that you're  going to go to  the seminar                                                                    
     and  buy "bogus  scheme 'X,'"  then you  don't have  to                                                                    
     register or ...  do anything, you just have  to buy it,                                                                    
     and  [HB 393]  is intended  to protect  you from  being                                                                    
     taken advantage  of by  "company bogus  'X.'"   If they                                                                    
     did not  register, we can  get them right  away because                                                                    
     they're  not registered.   If  they  did register,  and                                                                    
     then  it  turns out  that  they  have violated  certain                                                                    
     things or they  didn't tell us that  they were arrested                                                                    
     in four other  states for ... scamming  people, then we                                                                    
     can go  after them that way.   But it's not  the person                                                                    
     who's coming to  your door to sell  you something, it's                                                                    
     the  "recruiter of  those people"  I guess  is how  you                                                                    
     define it.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  JAMES  asked  whether   HB  393  would  apply  to                                                               
companies that  "sell" the  knowledge of how  to make  money from                                                               
real estate transactions.                                                                                                       
                                                                                                                                
MS.  SMITH   pointed  out  that  industries   which  are  already                                                               
regulated under federal  or state statutes, such  as real estate,                                                               
securities, and franchises, are exempted from HB 393.                                                                           
                                                                                                                                
Number 1758                                                                                                                     
                                                                                                                                
ANNE  CREWS, Vice  President, Corporate  Affairs, Mary  Kay Inc.,                                                               
testified via teleconference.  She  noted that Mary Kay has sales                                                               
force  members -  independent beauty  consultants -  operating in                                                               
Alaska,  and that  the Mary  Kay  career offers  a great,  casual                                                               
income-earning opportunity  for women,  enabling them to  come in                                                               
and out of  the business according to their personal  needs.  She                                                               
elaborated:                                                                                                                     
                                                                                                                                
     One of  the attractions of  a Mary Kay career  not only                                                                    
     is the relatively low startup  costs, but also the lack                                                                    
     of  red tape.    And  if a  Mary  Kay  career was  ever                                                                    
     determined to  be a business  opportunity -  to require                                                                    
     bonding,  escrow,  registration,   and  all  the  other                                                                    
     requirements - you would probably  see a mass exodus of                                                                    
     women from  the career.   We want  to echo  [the] DSA's                                                                    
     emphasis that  we need to  draw as  clear a line  as we                                                                    
     can  between the  casual  direct selling  opportunities                                                                    
     and  business opportunities.   I  did want  to emphasis                                                                    
     that  Mary Kay  [Inc.]  and [the]  DSA  and its  member                                                                    
     companies  are champions  of good  consumer protection,                                                                    
     and we  applaud the  state in trying  to deal  with the                                                                    
     fraudulent schemes, which you all are grappling with.                                                                      
                                                                                                                                
     However, I  think this discussion  has brought  out all                                                                    
     sorts of  important issues  including the  confusion of                                                                    
     ...  who and  what this  law  would really  cover.   We                                                                    
     think, as we read it  right now, corporations like Mary                                                                    
     Kay,  as  well  as our  independent  individual  beauty                                                                    
     consultants,  would be  covered.    You're ...  working                                                                    
     with a balancing act here:   How do you catch the truly                                                                    
     significant  risks  without  capturing  the  legitimate                                                                    
     opportunities  and  perhaps  driving them  out  of  the                                                                    
     state because of all the requirements.                                                                                     
                                                                                                                                
     I'd  like  to speak  to  a  couple of  specific  things                                                                    
     regarding  the exemption,  which you  mentioned, [that]                                                                    
     would  exclude direct  selling from  the coverage.   It                                                                    
     would be a  partial exemption, if you  will, for direct                                                                    
     selling.   Some direct  selling perhaps would  charge a                                                                    
     startup  fee, some  direct selling  opportunities would                                                                    
     perhaps require purchase of  inventory and the purchase                                                                    
     may not be at a wholesale  sale; so, ... there's just a                                                                    
     lot  of confusion.   And  we  respect the  conversation                                                                    
     that you  all have had so  far, and think that  ... the                                                                    
     solution would be  to ... raise the  threshold to $500,                                                                    
     which   would  clearly   exempt   the  direct   selling                                                                    
     opportunities.                                                                                                             
                                                                                                                                
MS. CREWS  noted that she  would be faxing the  committee written                                                               
comments  from  two of  Mary  Kay's  independent sales  directors                                                               
located in  Alaska, both of  whom support  a $500 threshold.   In                                                               
response to  the question of  how a $500 threshold  would benefit                                                               
her  cliental, she  explained that  it would  be large  enough to                                                               
exclude the  cost of purchasing the  startup kit - a  sales kit -                                                               
which is  required of  women who  want to enter  into a  Mary Kay                                                               
career.  In  response to the question of whether  the startup kit                                                               
is sold at a wholesale price,  she relayed that the kits are sold                                                               
at a "not for profit" price, so there is a small markup.                                                                        
                                                                                                                                
Number 1520                                                                                                                     
                                                                                                                                
EUGENE  E. DAU,  State  Legislative Committee,  AARP, noted  that                                                               
members have  in their packets  a letter from AARP  supporting HB
393.   He relayed that many  seniors on fixed incomes  tend to be                                                               
susceptible  to the  promise of  being able  to earn  money while                                                               
staying  at home;  unfortunately, when  they respond,  they often                                                               
wind up losing money.   He remarked that he has  seen many of the                                                               
different ads  promoting fraudulent business  opportunities, none                                                               
of which bother  to mention the name of the  company.  He pointed                                                               
out that  legitimate businesses  such as Mary  Kay and  Avon, for                                                               
example, wouldn't  run that type  of nameless ad.   He reiterated                                                               
that  the AARP  supports HB  393, and  surmised that  its passage                                                               
would eliminate  a lot of the  misleading ads.  In  response to a                                                               
question,  he said  that the  ads for  fraudulent biz  opps don't                                                               
state how  much money  is required  as a  startup fee;  they just                                                               
promise that  those who  respond will  make a lot  of money.   He                                                               
indicated that he would like to see such advertisements stopped.                                                                
                                                                                                                                
Number 1339                                                                                                                     
                                                                                                                                
VALERIE J.  DEWEY testified via  teleconference, and  relayed her                                                               
experience as  the victim  of a  business-opportunity scam.   She                                                               
explained  that  for the  past  couple  of  years, she  has  been                                                               
working with  the Better  Business Bureau  in Fairbanks  and with                                                               
the  Office  of   the  Attorney  General,  in   both  Alaska  and                                                               
California, in  an effort to  resolve the problems  that resulted                                                               
from her becoming ensnared in  a fraudulent business opportunity.                                                               
The business opportunity  that she became involved  in was touted                                                               
as  one  in  which  she  could make  money  on  the  Internet  by                                                               
purchasing bulk inventory  at a wholesale price  and reselling it                                                               
at a  retail price, with  a portion of  the profits going  to her                                                               
and the  remaining going back to  the company that sold  her this                                                               
"business."                                                                                                                     
                                                                                                                                
MS. DEWEY explained that she had  attended a seminar in which she                                                               
was  led  to  believe  that  by signing  up,  she  would  receive                                                               
everything she'd  need to  operate this  business from  her home,                                                               
including a computer, the software with  which to run it, and the                                                               
training  to  get  her started,  none  of  which,  unfortunately,                                                               
actually materialized.   At the seminar, she  paid $300 initially                                                               
and signed paperwork allowing the  company to withdraw $69.95 per                                                               
month directly  from her  bank account.   Without  her knowledge,                                                               
however,  the company  actually withdrew  [approximately $2,900].                                                               
As a result, her former AAA  credit rating has been destroyed and                                                               
she has  had to deal with  creditors calling her at  all hours of                                                               
the day  and night.   She  concluded by  asking the  committee to                                                               
continue funding the Better Business  Bureau, particularly in the                                                               
Fairbanks area.                                                                                                                 
                                                                                                                                
CHAIR ROKEBERG  asked Ms. Dewey  what the  contractual obligation                                                               
was that she had signed up for.                                                                                                 
                                                                                                                                
MS. DEWEY  said that she  could not recall the  specific details,                                                               
but reiterated  that she has lost  a total of $3,200  and has had                                                               
her credit  rating spoiled.   She indicated  that her  reason for                                                               
testifying today  is to try to  help keep this sort  of situation                                                               
from happening to other Alaskans.                                                                                               
                                                                                                                                
CHAIR ROKEBERG asked Ms. Dewey  whether she has pursued any civil                                                               
action against those that defrauded her.                                                                                        
                                                                                                                                
MS. DEWEY said  that that is probably going to  be her next step,                                                               
and although she has talked to  a local attorney, she has not yet                                                               
done anything formally.  She  indicated that she is still working                                                               
on getting her credit rating cleared up.                                                                                        
                                                                                                                                
CHAIR ROKEBERG  advised her to  get a  letter from the  Office of                                                               
the  Attorney  General  so  that  she could  present  it  to  any                                                               
collection agencies  that are still  seeking money from her.   He                                                               
added, "You have the right to  have that removed from your credit                                                               
record."                                                                                                                        
                                                                                                                                
Number 0844                                                                                                                     
                                                                                                                                
PAM LaBOLLE,  President, Alaska State  Chamber of  Commerce, said                                                               
her organization feels  that it is important  to have legislation                                                               
[regulating]  business  opportunities,  and  would  like  to  see                                                               
unfortunate situations such as occurred  to Ms. Dewey eliminated.                                                               
She  acknowledged,  however,  that  the  direct  sellers  have  a                                                               
concern regarding  the definition  of business  opportunities and                                                               
how  "it could  be fixed,"  and  surmised that  the main  problem                                                               
revolves around clarifying the threshold  issue.  She referred to                                                               
Ms.  Crews's comments  regarding  the Mary  Kay  sales kits,  and                                                               
suggested that  it should  be clarified that  such kits  would be                                                               
exempted from the provisions of HB 393.                                                                                         
                                                                                                                                
MS. LaBOLLE referred to comments  made regarding a model Act that                                                               
sets  the  threshold at  $250,  and  said that  currently,  three                                                               
states use a $200 threshold, six  states use between a $250 and a                                                               
$300 threshold,  and fourteen states  use a $500 threshold.   She                                                               
opined that  the concerns regarding  HB 393 would be  resolved by                                                               
adopting a $250 to $300  threshold and changing the definition of                                                               
what  a  business  opportunity  is; "we're  so  close  to  having                                                               
everyone  be  happy  with  this,   if  we  could  just  have  the                                                               
definition be  clearer and the  threshold raised even as  much as                                                               
$50 or $100 above what it is now."                                                                                              
                                                                                                                                
REPRESENTATIVE JAMES said  that although she is not  clear how HB
393 will  be implemented, it appears  to her that the  people who                                                               
are worried  about the  threshold amount are  not the  people who                                                               
are going to be affected by this bill.                                                                                          
                                                                                                                                
MS.  LaBOLLE  surmised  that  those who  are  worried  feel  that                                                               
portions of HB 393 need clarification  to ensure that it will not                                                               
affect them.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JAMES  asked whether  direct sellers  are required                                                               
to have an Alaska business license.                                                                                             
                                                                                                                                
MS. SMITH said that certainly the  distributor - the company - is                                                               
required to have a business license.                                                                                            
                                                                                                                                
CHAIR  ROKEBERG mentioned  that so  are the  individuals who  are                                                               
selling the products.                                                                                                           
                                                                                                                                
REPRESENTATIVE JAMES  surmised, then,  that those people  - those                                                               
direct sellers - would not fall  into the category affected by HB
393.                                                                                                                            
                                                                                                                                
Number 0450                                                                                                                     
                                                                                                                                
MS. SMITH  agreed.  The  people who  are selling products  to the                                                               
consumer, who are selling door-to-door,  who are having the Amway                                                               
parties or the Tupperware parties, are  not the ones who would be                                                               
required to register under the provisions  of HB 393.  If anybody                                                               
were to  be required to  register, she  added, it would  the Mary                                                               
Kay  corporation,  for  example; however,  under  the  exemptions                                                               
beginning on  page 12, not  even those parent companies  would be                                                               
required to  register.  To  clarify, she said that  the exemption                                                               
states:  "This  chapter does not apply  to a sale of  or an offer                                                               
to  sell ...  (5)  sales demonstration  equipment, materials,  or                                                               
samples for  use in sales  demonstrations and not for  resale, or                                                               
product  inventory sold  to the  buyer at  a bona  fide wholesale                                                               
price".   She opined that  this exemption already  includes sales                                                               
kits.   In response to a  question, she said that  companies like                                                               
Amway  that  advertise for  sales  representatives  would not  be                                                               
required  to  register either,  because  they  are selling  sales                                                               
kits.                                                                                                                           
                                                                                                                                
MS. DRINKWATER  said that she  concurs with  that interpretation.                                                               
She added  that almost all the  other states that have  this type                                                               
of legislation  also have this exemption,  and it is one  that is                                                               
supported by  the DSA  in comments  made to the  FTC.   She noted                                                               
that the  goal of  that exemption is  to preclude  direct sellers                                                               
and their distributors from the provisions of HB 393.                                                                           
                                                                                                                                
REPRESENTATIVE JAMES  suggested if that  is indeed the  case, and                                                               
direct  sellers  and  their distributors  are  exempted  via  the                                                               
aforementioned  language, then  perhaps there  is no  need for  a                                                               
threshold exemption of any amount.                                                                                              
                                                                                                                                
CHAIR ROKEBERG  remarked that the  current language  is ambiguous                                                               
and should be clarified.                                                                                                        
                                                                                                                                
REPRESENTATIVE  STEVENS  expressed a  willingness  to  work on  a                                                               
committee  substitute  (CS)  that would  include  the  amendments                                                               
discussed and clarify the exclusion  of legitimate companies such                                                               
as Amway, Avon, and Mary Kay, for example.                                                                                      
                                                                                                                                
CHAIR ROKEBERG announced that HB 393 would be held over.                                                                        
                                                                                                                                
SB 169 - HATE CRIMES: AUTOMATIC WAIVER OF MINORS                                                                              
                                                                                                                                
TAPE 02-32, SIDE A                                                                                                              
Number 0020                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  announced that the  last order of  business would                                                               
be CS  FOR SENATE BILL NO.  169(FIN), "An Act providing  that the                                                               
delinquency laws are  inapplicable to minors who are  at least 16                                                               
years of  age and  are accused of  felony crimes  against persons                                                               
directed at  victims because  of the  victims' race,  sex, color,                                                               
creed,  physical  or  mental disability,  ancestry,  or  national                                                               
origin."                                                                                                                        
                                                                                                                                
Number 0072                                                                                                                     
                                                                                                                                
SENATOR  DAVE DONLEY,  Alaska  State  Legislature, sponsor,  said                                                               
that  SB   169  would   amend  existing   statute  in   order  to                                                               
automatically  waive juveniles  over  16 years  of  age to  adult                                                               
court  when  charged  with  a violent  felony  against  a  person                                                               
because of  that person's  race, sex,  color, creed,  physical or                                                               
mental disability, ancestry,  or national origin.   He noted that                                                               
the  language  being  added  to  AS  47.12.030(a)  [defining  the                                                               
foregoing  attributes   of  victims]   comes  directly   from  AS                                                               
12.55.155(22),  which is  an aggravating  factor when  sentencing                                                               
adults.   He opined  that because  the juvenile  [justice] system                                                               
(JJS)  is   closed  off   from  public   accountability,  waiving                                                               
juveniles to adult court when  they commit violent hate crimes is                                                               
justified;  by prosecuting  these  crimes out  in  the open,  the                                                               
deterrent effect  will be  enhanced and  society in  general will                                                               
know that justice has been done.                                                                                                
                                                                                                                                
SENATOR DONLEY said  he thinks it is certainly a  higher level of                                                               
"crime  against society"  when the  motivation  behind a  violent                                                               
crime is some sort of  hate, based on the [statutory] definition.                                                               
He noted  that there have  been major  efforts over the  last few                                                               
years to  toughen the  criminal justice laws  as they  pertain to                                                               
juveniles,  as well  as proposals  to utilize  a dual  sentencing                                                               
scheme  as an  alternative to  mandatory waiver  to adult  court.                                                               
But unfortunately,  to date,  the dual  sentencing law  has never                                                               
been utilized;  the one  time it  might have  been used,  "it was                                                               
turned down," and thus it is not  a viable option, he opined.  "I                                                               
think  when these  kind of  crimes  do occur,  the better  public                                                               
policy is to  put them out before the public  so the public knows                                                               
... that they've occurred and  knows what the final resolution of                                                               
the  criminal  justice process  involving  those  crimes is,"  he                                                               
stated.                                                                                                                         
                                                                                                                                
SENATOR  DONLEY  mentioned that  another  point  of concern  he'd                                                               
heard regarding  SB 169 is that  when minors are waived  to adult                                                               
court, they end up incarcerated  in adult facilities.  He pointed                                                               
out, however,  that it is against  both federal and state  law to                                                               
incarcerate a juvenile in an  adult facility without some sort of                                                               
segregation.     He  acknowledged   that  although   his  sponsor                                                               
statement mentions  that there  has never been  an incident  of a                                                               
juvenile being abused while in an  adult facility, he did hear of                                                               
one possible incident that might  have occurred last year, but he                                                               
has not been able to confirm that information.                                                                                  
                                                                                                                                
Number 0337                                                                                                                     
                                                                                                                                
SENATOR  DONLEY reiterated  that  hate crimes  rise  to a  higher                                                               
level of  significance and  concern to society,  and that  SB 169                                                               
would assure  society that justice  would be done with  regard to                                                               
someone over  16 years of age  who commits a violent  hate crime.                                                               
He remarked  that he is very  sensitive to the concerns  of folks                                                               
who are opposed to "thought  crime" legislation; however, because                                                               
violent hate  crimes pose  a great threat  to society,  he thinks                                                               
that [SB 169] creates a better public policy.                                                                                   
                                                                                                                                
CHAIR ROKEBERG  asked for  a description  of the  dual sentencing                                                               
law, which was passed in 1998.                                                                                                  
                                                                                                                                
SENATOR DONLEY explained:                                                                                                       
                                                                                                                                
     The  dual  sentencing  proposal simply  said  that  for                                                                    
     certain  types of  juveniles, you  could sentence  them                                                                    
     both as  adults and as  juveniles for certain  types of                                                                    
     crimes,  and  that  if  they  failed  in  the  juvenile                                                                    
     system, then they would go  to the adult system and ...                                                                    
     be subject to punishment under the adult system.                                                                           
                                                                                                                                
CHAIR ROKEBERG asked:   "So how is that applicable,  the way your                                                               
bill is drafted now?"                                                                                                           
                                                                                                                                
SENATOR DONLEY replied  that it was only applicable  in the sense                                                               
that  during  the  Senate  hearings  on  this  legislation,  dual                                                               
sentencing  was offered  as an  alternative:   the administration                                                               
preferred  dual  sentencing  to automatic  waiver.    He  opined,                                                               
however,  that  the  dual sentencing  law  simply  hasn't  worked                                                               
during  the two  years since  its enactment.   In  response to  a                                                               
question, he  said that he  did not  know why that  provision has                                                               
never been  utilized; he  was simply  told that  it had  not been                                                               
utilized.                                                                                                                       
                                                                                                                                
CHAIR  ROKEBERG  noted  that in  the  "paintball  incident"  that                                                               
occurred  last year  in  Anchorage, one  of  the individuals  was                                                               
tried  as an  adult and  the other  two as  juveniles.   He asked                                                               
whether that incident provided the impetus for SB 169.                                                                          
                                                                                                                                
Number 0589                                                                                                                     
                                                                                                                                
SENATOR  DONLEY replied  that  although  that incident  certainly                                                               
raised  the public  consciousness regarding  hate crimes,  SB 169                                                               
neither was  created in  response to that  incident nor  is being                                                               
offered as  a solution  to the  problem.  He  noted that  in that                                                               
incident, there  was the question  of whether that crime  rose to                                                               
the  level of  a felony,  and since  SB 169  would only  apply in                                                               
felony situations, it  would not have affected  the two juveniles                                                               
involved  had they  only been  charged  with a  misdemeanor.   He                                                               
opined that SB 169 stands on its  own merit; if someone who is at                                                               
least  16 years  of  age is  indeed charged  with  a felony  hate                                                               
crime,  it  is  perfectly  appropriate  to  extend  the  existing                                                               
automatic waiver to those crimes.   In response to a question, he                                                               
mentioned that  in members'  packets is  a handout  detailing the                                                               
differences  between  class  C felony  and  class  A  misdemeanor                                                               
crimes against a person.                                                                                                        
                                                                                                                                
REPRESENTATIVE BERKOWITZ  remarked that the  list in SB  169 that                                                               
pertains  to   victims'  attributes   does  not   include  sexual                                                               
orientation.  He asked why that was left out.                                                                                   
                                                                                                                                
SENATOR DONLEY reiterated that the  list in SB 169 comes directly                                                               
from  and   is  identical  to  AS   12.55.155(22),  the  existing                                                               
aggravator for adult sentencing.                                                                                                
                                                                                                                                
REPRESENTATIVE BERKOWITZ  asked:  "Do  you think that  this would                                                               
be strengthened by adding sexual orientation?"                                                                                  
                                                                                                                                
SENATOR DONLEY  replied:  "I  don't have  a strong opinion  on it                                                               
other than  that I believe  that it's absolutely  consistent with                                                               
existing law;  it's the only other  place in law that  I found in                                                               
the sentencing laws where this  kind of ... criteria was adopted.                                                               
And [it] seemed appropriate for this measure also."                                                                             
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  asked:   "If  we  were to  add  sexual                                                               
orientation here, would  you think it'd be appropriate  to add it                                                               
in the aggravator section as well?"                                                                                             
                                                                                                                                
SENATOR  DONLEY remarked  that  doing so  would  require a  title                                                               
change.                                                                                                                         
                                                                                                                                
REPRESENTATIVE BERKOWITZ noted that that was not impossible.                                                                    
                                                                                                                                
SENATOR DONLEY  acknowledged that it  would not be  impossible to                                                               
change the title, but argued  that he wouldn't support it because                                                               
there is  a strong philosophical  opinion [against  adding sexual                                                               
orientation to the list] and because  he thinks that SB 169 has a                                                               
much better  chance of success if  the language stays the  way it                                                               
is, consistent with existing law.                                                                                               
                                                                                                                                
Number 0819                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES asked  whether  the  term "creed"  includes                                                               
religion.                                                                                                                       
                                                                                                                                
SENATOR  DONLEY  said  that  because  he  has  not  performed  an                                                               
exhaustive  search to  determine whether  "creed" is  statutorily                                                               
defined and,  if so, how  it is defined,  he could only  hazard a                                                               
guess as to its meaning.                                                                                                        
                                                                                                                                
REPRESENTATIVE   MEYER  asked   whether   currently,  the   "hate                                                               
aggravator" could be applied to a juvenile.                                                                                     
                                                                                                                                
SENATOR  DONLEY  explained that  first  it  would  be up  to  the                                                               
prosecutor to decide whether to  "ask for that as an aggravator,"                                                               
and  then it  would  be up  to  the judge  to  decide whether  to                                                               
"assess it as an aggravator."                                                                                                   
                                                                                                                                
REPRESENTATIVE  MEYER remarked  that  SB 169  has  a zero  fiscal                                                               
note.   He asked whether this  means that it would  cost the same                                                               
to incarcerate a  juvenile in an adult facility as  it would in a                                                               
juvenile facility.                                                                                                              
                                                                                                                                
SENATOR  DONLEY clarified  that  the  [Department of  Corrections                                                               
(DOC)] submitted  an indeterminate  fiscal note because  there is                                                               
no way of knowing how many cases SB 169 might apply to.                                                                         
                                                                                                                                
CHAIR  ROKEBERG  opined   that  it  would  probably   be  a  rare                                                               
occurrence.    In addition,  after  reading  from an  unspecified                                                               
source,  he  noted that  "creed"  is  defined  as:   "a  [formal]                                                               
statement of religious belief - confession of faith."                                                                           
                                                                                                                                
REPRESENTATIVE  KOOKESH said  that  although  he appreciates  the                                                               
intent  of the  legislation, it  seems as  though SB  169 doesn't                                                               
really do anything to change  the statutes with regard to "crimes                                                               
related  to bias  or  hate."   He asked  Senator  Donley what  he                                                               
thinks SB 169 accomplishes.                                                                                                     
                                                                                                                                
Number 1014                                                                                                                     
                                                                                                                                
SENATOR  DONLEY,  in response,  reiterated  some  of his  earlier                                                               
comments  regarding how  detrimental hate  crimes are  to society                                                               
and how minors are currently treated  in the JJS.  He opined that                                                               
automatically waiving minors  16 years of age and  older to adult                                                               
court for committing violent hate  crimes is a significant change                                                               
to  the statutes  and would  be  good public  policy on  multiple                                                               
levels.                                                                                                                         
                                                                                                                                
REPRESENTATIVE KOOKESH asked  what was being done  with regard to                                                               
how adults  who commit  violent hate crimes  are treated.   After                                                               
acknowledging that SB  169 is not intended to  be a comprehensive                                                               
"hate crimes bill," he said that  there are still areas that need                                                               
to be addressed, and asked  Senator Donley for his assurance that                                                               
he will  assist in those  efforts.   He noted, for  example, that                                                               
Representative Berkowitz raised the  issue of sexual orientation,                                                               
and said  that that  is a  segment of  the population  that still                                                               
needs to be protected.  He asked:   "How do we intend to do that?                                                               
Or do we?"                                                                                                                      
                                                                                                                                
SENATOR DONLEY  replied that  he could not  speak for  either the                                                               
entire Senate  or the entire House,  but thinks that SB  169 is a                                                               
good,  stand-alone change  in existing  law, that  it makes  good                                                               
public-policy  sense, and  that  it is  consistent with  existing                                                               
laws.  He  said that he would treat other  proposals on the basis                                                               
of their merits, as they are brought forth.                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked  Senator Donley  to estimate  how                                                               
many cases SB 169 might apply to on an annual basis.                                                                            
                                                                                                                                
SENATOR DONLEY  offered that one  case is  too many and  he hopes                                                               
that  there won't  be any;  however,  as illustrated  by the  DOC                                                               
fiscal note,  the number of  cases is  not something that  can be                                                               
determined at this  time.  He noted that if  the provisions of SB
169 are  used even  once, it  will have  a significant  effect on                                                               
society, particularly in small communities.                                                                                     
                                                                                                                                
Number 1205                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  opined  that the  felony  behavior  that                                                               
would  bring a  minor into  adult court  would have  to be  "more                                                               
significant  than is  written  here."   He  remarked that  youths                                                               
involved  in  the JJS  are  more  apt  to  be nurtured  than  are                                                               
individuals involved in  the adult correctional system.   He said                                                               
he is wondering  whether waiving juveniles into  the adult system                                                               
would simply  be "creating a  felony before we really  get there"                                                               
and thus  creating more problems  down the  road.  He  noted that                                                               
because "every one of us" is  subject to some form of hate crime,                                                               
according to  the list in  SB 169, he  did not know  that anybody                                                               
needed special protection.                                                                                                      
                                                                                                                                
SENATOR DONLEY  noted that "the cutoff"  for a class C  felony is                                                               
assault  in  the  third  degree,  which is  when  a  person  "(1)                                                               
recklessly ...  (B) causes physical  injury to another  person by                                                               
means of  a dangerous instrument.   He  also noted that  there is                                                               
[extensive]  case law  defining "dangerous  instrument".   When a                                                               
person  intends to  place  another  person in  fear  of death  or                                                               
serious  physical  injury by  using  a  dangerous instrument,  he                                                               
remarked, it becomes a pretty  significant crime.  He opined that                                                               
society  should take  such behavior  seriously, and  that SB  169                                                               
constitutes a "reasonable public policy call."                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL  remarked, however,  that "we're  taking a                                                               
tool  away from  the judge,  [in] this  particular case,  because                                                               
we're  making  it a  mandatory  [waiver  to  adult court]."    He                                                               
indicated  that he  is not  sure that  he "can  go that  way just                                                               
yet."                                                                                                                           
                                                                                                                                
REPRESENTATIVE  MEYER asked  whether  the waiver  to adult  court                                                               
could be optional  rather than mandatory.  He  offered that there                                                               
are some  16-year-olds who are  a danger to society;  with regard                                                               
to hate  crimes, however, the problem  may not stem so  much from                                                               
the  kids  but rather  from  their  parents.   He  expressed  the                                                               
concern that if  someone is automatically waived  to [adult court                                                               
and thus  to] an  adult facility,  there won't  be much  hope for                                                               
his/her rehabilitation.                                                                                                         
                                                                                                                                
SENATOR  DONLEY offered  that there  is not  a mandatory  minimum                                                               
sentence for  a class  C felony;  therefore, incarceration  in an                                                               
adult facility would not be mandatory.                                                                                          
                                                                                                                                
Number 1482                                                                                                                     
                                                                                                                                
ROBERT BUTTCANE,  Legislative & Administrative  Liaison, Division                                                               
of  Juvenile  Justice  (DJJ),  Department   of  Health  &  Social                                                               
Services  (DHSS),   said  that  Alaska  should   not,  under  any                                                               
conditions,  abide acts  of hate.   Hate  must be  confronted and                                                               
corrected  at  every   level  and  at  every   opportunity.    He                                                               
continued:                                                                                                                      
                                                                                                                                
     I understand  that there is  a special need to  look at                                                                    
     hate crimes separate from  regular crimes, because when                                                                    
     a person  acts against another  person on the  basis of                                                                    
     some hate category, not only  is the victim impacted by                                                                    
     that,  but the  group to  which the  victim belongs  is                                                                    
     also impacted  by that act.   So  I think it  is proper                                                                    
     that this  body does discuss  these issues.   On behalf                                                                    
     of the Department  of Health & Social  Services, I want                                                                    
     to be on record, however,  in opposition to Senate Bill                                                                    
     169.    We  see  this bill  as  ineffective,  with  the                                                                    
     potential  for significant  detrimental  impact to  the                                                                    
     welfare of the public good, for four reasons.                                                                              
                                                                                                                                
     One,  it is  incomplete in  terms of  its inclusion  of                                                                    
     bias categories.   Two, it includes crimes  that do not                                                                    
     rise  to  the  level  of this  type  of  punishment  or                                                                    
     response.  Three, the current  waiver laws on the books                                                                    
     now are  sufficient to address the  most egregious acts                                                                    
     of  juveniles by  waiving them  into the  adult system.                                                                    
     And  four,  there are  a  multitude  of better  options                                                                    
     available to  respond to crimes  of hate and  bias than                                                                    
     what is proposed in [SB 169].                                                                                              
                                                                                                                                
MR. BUTTCANE elaborated:                                                                                                        
                                                                                                                                
     Number one,  any bias crime  that does not  include the                                                                    
     categories   of   sexual   orientation   and   economic                                                                    
     disadvantage is  simply incomplete.   Whatever  you may                                                                    
     feel about the governor's  tolerance commission of this                                                                    
     last  year, over  and over  and over  that group  heard                                                                    
     from people  throughout this state  who were  living on                                                                    
     the  street, who  are impoverished,  who say  that they                                                                    
     have  been  subjected  to the  acts  of  other  people,                                                                    
     because  of  their  poverty; not  to  include  economic                                                                    
     disadvantage is [an] error.   Aside from racial issues,                                                                    
     in  our high  schools  the second  most common  biasing                                                                    
     category  a   student  will  express   against  another                                                                    
     student  is either  their  actual  or perceived  sexual                                                                    
     orientation.                                                                                                               
                                                                                                                                
     The  state   does  not  include  these   items  in  the                                                                    
     aggravating  factors under  the  sentencing statute  of                                                                    
     Title  12, nor  do we  give our  [State Commission  for                                                                    
     Human Rights] authority  over sexual orientation cases.                                                                    
     We  have  hidden  ourselves  from  a  problem  that  is                                                                    
     present  in our  schools and  in our  communities.   To                                                                    
     exclude these [categories]  perpetuates a deficiency in                                                                    
     the  current  statute, and  while  this  bill would  be                                                                    
     consistent  with  current  statute,  it  is  incomplete                                                                    
     nonetheless.                                                                                                               
                                                                                                                                
Number 1646                                                                                                                     
                                                                                                                                
     Number  two,  this   bill  extends  automatic  juvenile                                                                    
     waiver into adult court for  crimes that do not warrant                                                                    
     this extreme response.   It does include  [class] B and                                                                    
     C felony crimes against persons.   When you look in the                                                                    
     sentencing  statutes of  Title 12,  a [class]  B felony                                                                    
     can receive imprisonment  up to ten years.   That's the                                                                    
     maximum.   When  you look  at an  assault in  the third                                                                    
     degree, that  can be up to  five years' [imprisonment].                                                                    
     Now,  admittedly, for  a  first-time  [offense], a  16-                                                                    
     year-old  appearing in  front  of  an adult  sentencing                                                                    
     judge for  one of these  offenses is not at  all likely                                                                    
     to  get  the  maximum imprisonment  sentence;  I  grant                                                                    
     that.                                                                                                                      
                                                                                                                                
     But when you look [at]  a [class] B felony as including                                                                    
     the  types  of  crimes  where you  take  property  from                                                                    
     another by force  - not involving a  weapon, but taking                                                                    
     property from  another by force  - what do you  do with                                                                    
     those   16-  and   17-year-olds  that   we  get   every                                                                    
     Halloween, who  have bullied sacks  of candy  away from                                                                    
     kids?   They utter some  type of racial or  ethnic slur                                                                    
     in that act, and now they  will be subject to a [class]                                                                    
     B felony - robbery in the  second degree - in the adult                                                                    
     court.   It  is likely,  at a  [class] B  felony level,                                                                    
     they would get some prison time to serve.                                                                                  
                                                                                                                                
MR. BUTTCANE:                                                                                                                   
                                                                                                                                
     Assault  [in the  third degree  involving a]  dangerous                                                                    
     instrument   -  I   have   personally  processed   case                                                                    
     referrals from  law enforcement where kids  have gotten                                                                    
     angry  at  parents,  they pick  up  broom  handles  and                                                                    
     toilet plungers,  they waive  them at the  parents, and                                                                    
     they  say,  "I am  going  to  kill  you"; and  in  that                                                                    
     moment, they mean  it.  They have  committed an assault                                                                    
     in  the  third  degree,   have  been  arrested  by  law                                                                    
     enforcement  and charged  with  that  offense.   Should                                                                    
     [they],  in those  circumstances,  utter  some type  of                                                                    
     racial or  some type of  bias slur, that  would subject                                                                    
     them to  the penalties of  the adult system.   Now, are                                                                    
     the penalties of the adult  system proper?  If you look                                                                    
     at  the reality  that the  most someone  could get  for                                                                    
     waiving  a toilet  plunger at  someone,  with a  racial                                                                    
     slur, would  be five  years in  jail -  if you  were 16                                                                    
     years old, you  got five years - do the  math:  they're                                                                    
     out at 21.                                                                                                                 
                                                                                                                                
     There  is   an  article  that  was   submitted  by  the                                                                    
     Coalition for  Juvenile Justice in  March of  2001 that                                                                    
     characterizes  national  statistics   that  state  two-                                                                    
     thirds of  the children  sentenced to adult  prisons in                                                                    
     this country are released before  they are 21, and more                                                                    
     than  90 percent  are  released before  age  30.   Upon                                                                    
     release,  these  people   re-offend  earlier  and  more                                                                    
     seriously  than   those  who  were  processed   in  the                                                                    
     juvenile  system.     That's   the  research   that  is                                                                    
     supported over and over again.                                                                                             
                                                                                                                                
Number 1760                                                                                                                     
                                                                                                                                
     Waiver   of  juveniles   into  the   adult  system   is                                                                    
     significantly a  detrimental public policy.   It is one                                                                    
     that will  cost us.   If you can imagine  a 16-year-old                                                                    
     going into jail for five  years, should it ever happen:                                                                    
     he's  graduated from  crime school,  he's still  young,                                                                    
     he's still virile,  [and] he is now  more hateful, more                                                                    
     angry, and  more predatory on  our communities  and our                                                                    
     safety and our public.  This is bad public policy.                                                                         
                                                                                                                                
MR. BUTTCANE continued:                                                                                                         
                                                                                                                                
     Number three,  waiver for  the most  egregious offenses                                                                    
     is already in existence.  When  a child 16 and 17 years                                                                    
     of age commits an act  of homicide - an unclassified or                                                                    
     a class A  felony - against anyone in  this state, they                                                                    
     are treated  as an adult  offender.  For  those crimes,                                                                    
     they are  typically receiving sentences of  20, 30, 50,                                                                    
     80 years; they will not  be released immediately on the                                                                    
     community again, so they don't  pose that risk of being                                                                    
     released more quickly.  In  1995, the governor convened                                                                    
     a group  of citizens, business people,  care providers,                                                                    
     legislators,  and others  -  law  enforcement people  -                                                                    
     from  around the  state, who  met through  a series  of                                                                    
     meetings in  what was called the  Governor's Conference                                                                    
     on   Youth  and   Justice.     One   of  the   100-plus                                                                    
     recommendations out of that body  that crossed both the                                                                    
     political boundaries  [and] social boundaries  was that                                                                    
     there  would  be  no expansion  of  Alaska's  automatic                                                                    
     waiver.                                                                                                                    
                                                                                                                                
     It was argued  on the Senate floor, ...  when this bill                                                                    
     was passed out of the  Senate, that a juvenile, by law,                                                                    
     cannot serve  time in an  adult prison.  That  is true:                                                                    
     juveniles may not, by law  - both state and federal law                                                                    
     -  be  placed in  adult  prisons.   Alaska's  automatic                                                                    
     waiver law,  however, removes the category  of minority                                                                    
     from 16-  and 17-year-olds  who are charged  with these                                                                    
     crimes.  If  you go to the  bill and you go  to page 1,                                                                    
     lines 11,  12, and 13,  [there] is the sentence:   "The                                                                    
     minor  shall  be  charged,   held,  released  on  bail,                                                                    
     prosecuted,  sentenced, and  incarcerated  in the  same                                                                    
     manner as  an adult."  That  is the current law  of our                                                                    
     waiver statute.   Someone 16  and 17 years  old, simply                                                                    
     charged with one of these  crimes after having injected                                                                    
     an element of bias or hate,  would be subject to all of                                                                    
     the response  and sanction  of the  adult system  - bad                                                                    
     public policy.                                                                                                             
                                                                                                                                
Number 1913                                                                                                                     
                                                                                                                                
     Last, there  are options.   There [are]  better options                                                                    
     that  have been  proffered around  the country  as this                                                                    
     nation has tackled  the issue of hate.   The Sentencing                                                                    
     Project  out of  Washington, D.C.;  the American  Youth                                                                    
     Policy   Forum;  the   Community  Relations   [Service]                                                                    
     section of  the U.S. Department of  Justice; the Office                                                                    
     of  Juvenile Justice  and  Delinquency Prevention;  the                                                                    
     Anti-Defamation   League;  indeed,   even  the   Alaska                                                                    
     [Federation]  of  Natives  have put  forward  proposals                                                                    
     that are considerably  more progressive and responsive,                                                                    
     to  confront and  address  hate  crime behaviors,  than                                                                    
     what [SB 169] does.   The options that are proffered as                                                                    
     best-practice  responses   to  hate  crimes   focus  on                                                                    
     families.     So,  not  only  are   we  addressing  the                                                                    
     behaviors   of  individual   youth,   but  we   include                                                                    
     interventions that involve parents.                                                                                        
                                                                                                                                
     A response  to hate  crimes should always  include some                                                                    
     kind of  diversity tolerance training for  the juvenile                                                                    
     and the  parent.  This  bill does not  do that.   It is                                                                    
     also   recommended   that    mediation   and   conflict                                                                    
     resolution  be  used  as  preventative  and  responsive                                                                    
     actions  to hate  crimes,  to  heal that  separateness,                                                                    
     that  judgment,   that  bias   that  we   hold  against                                                                    
     ourselves  and  one  another.   Howard  Zhare  (ph),  a                                                                    
     national authority on  restorative justice, states that                                                                    
     the  most  effective  sanction   that  one  can  impose                                                                    
     against  an  offender  is   where  the  offender  takes                                                                    
     personal responsibility  for the repair of  the harm to                                                                    
     their victim.  In the  juvenile system, when we receive                                                                    
     a  crime of  bias, that  is our  expectation, that  the                                                                    
     young  offender take  personal responsibility  and work                                                                    
     to repair  the harm  that was  caused to  their victim,                                                                    
     the victim's group, and the victim's community.                                                                            
                                                                                                                                
Number 1998                                                                                                                     
                                                                                                                                
MR. BUTTCANE concluded:                                                                                                         
                                                                                                                                
     Putting someone in the adult  penal system, in a prison                                                                    
     in Lemon Creek or Spring  Creek, is a limited response.                                                                    
     It serves no  public good.  It  isolates an individual.                                                                    
     It presupposes that a  16-year-old will self-correct in                                                                    
     one  of the  most segregated,  isolated, crime-infested                                                                    
     areas -  our prisons -  that we  have.  It's  the wrong                                                                    
     response.   It is  not individual; the  juvenile system                                                                    
     provides an  individual response.  It  does not include                                                                    
     the  parent; the  juvenile system  does.   It does  not                                                                    
     make  amends  to the  community;  it  simply gives  the                                                                    
     community some  retribution for that  act.   It doesn't                                                                    
     make an amends  to the victim, in terms of  any kind of                                                                    
     understanding  of the  group;  it  doesn't develop  any                                                                    
     levels of  tolerance or understanding  or appreciation.                                                                    
     For these  reasons, the [Department of  Health & Social                                                                    
     Services] is  opposed to the  proposal before  you this                                                                    
     day.                                                                                                                       
                                                                                                                                
REPRESENTATIVE MEYER  asked what the  rate of recidivism is  at a                                                               
juvenile detention center like the McLaughlin Youth Center.                                                                     
                                                                                                                                
MR. BUTTCANE said  that this year's DHSS  "missions and measures"                                                               
[statement]  shows a  55-percent  "non-reoffense rate"  following                                                               
release from  a juvenile  institution.   He added  that juveniles                                                               
are followed  for two  years after their  release, even  into the                                                               
adult system.  He mentioned  that the McLaughlin Youth Center has                                                               
had close to  a 60-percent success rate -  or non-reoffense rate.                                                               
He confirmed  that the national  study of which he  spoke earlier                                                               
indicates that  when those who  go into  the adult system  at the                                                               
age of  16 are released,  they are  more likely to  re-offend and                                                               
the  offenses tend  to  be  more serious.    He  also noted  that                                                               
members'  packets  contain a  handout  highlighting  some of  the                                                               
national statistics regarding juvenile waivers.                                                                                 
                                                                                                                                
REPRESENTATIVE  MEYER  asked  whether,  in rural  Alaska,  it  is                                                               
always  possible  to  segregate  juvenile  offenders  from  adult                                                               
offenders.                                                                                                                      
                                                                                                                                
MR. BUTTCANE  said no;  although every effort  is made  keep them                                                               
separate, it is  not always possible in small, rural  jails.  "It                                                               
is not unheard of that an  adult offender will be released from a                                                               
jail holding facility  so that a juvenile can be  held until such                                                               
time that  they could be  transported to a juvenile  facility for                                                               
processing," he added.                                                                                                          
                                                                                                                                
Number 2153                                                                                                                     
                                                                                                                                
LINDA  WILSON, Deputy  Director,  Public  Defender Agency  (PDA),                                                               
Department  of  Administration,   testified  via  teleconference,                                                               
noting that the  paintball incident from last year  focused a lot                                                               
of attention  on the criminal  justice system as it  pertained to                                                               
hate  crimes and  the  treatment of  juveniles.   It  was a  very                                                               
disturbing  crime,  she  remarked,   and  it  generated  a  close                                                               
examination, which was  a good and productive thing.   One of the                                                               
results  of  this  exam  was  the  formation  of  the  governor's                                                               
tolerance commission, which held  extensive meetings out of which                                                               
a report and recommendations ensued.                                                                                            
                                                                                                                                
MS. WILSON said  that in light of that, the  PDA strongly opposes                                                               
SB 169 as  a way to address "these" concerns.   She remarked that                                                               
notwithstanding  a  misperception  that  the  juvenile  [justice]                                                               
system in Alaska  has failed, it is not a  failure; rather, it is                                                               
"alive  and  well and  doing  wonderful  in terms  of  addressing                                                               
offenses  committed by  juveniles."   It is  much better  to keep                                                               
youthful offenders in  the juvenile [justice] system  than to put                                                               
them into  the adult  system, she opined,  remarking that  it was                                                               
[nearly]  a  hundred  years  ago,  in  1909,  that  the  juvenile                                                               
[justice] system  was started because of  problems resulting from                                                               
putting kids in adult jails.                                                                                                    
                                                                                                                                
MS.  WILSON indicated  that children  in adult  jails are  preyed                                                               
upon, are  far more  likely to  be assaulted,  and have  a higher                                                               
rate of  suicide.   And - notwithstanding  any perception  to the                                                               
contrary  -  children  who are  automatically  waived  under  the                                                               
provision  being amended  by SB  169 do  not get  segregated from                                                               
adults.  These children are  sharing cells with adults.  Children                                                               
are  only segregated  when  they are  in  the juvenile  [justice]                                                               
system.   If  a child  is charged  under AS  47.12.030(a), he/she                                                               
will  immediately  be   arrested  and  put  in   with  the  adult                                                               
population,  and,  upon  conviction,   will  also  serve  his/her                                                               
sentence  there.    She  pointed   out  that  when  children  are                                                               
incarcerated  with adults,  there  is the  additional problem  of                                                               
criminal  adults becoming  the  moral  mentors of  impressionable                                                               
children; thus  the higher rate  of recidivism should come  as no                                                               
surprise.                                                                                                                       
                                                                                                                                
Number 2253                                                                                                                     
                                                                                                                                
MS. WILSON opined  that kids who commit hate  crimes are probably                                                               
the  best suited  for  the treatment  available  in the  juvenile                                                               
justice system.   In  the juvenile system,  the whole  family can                                                               
become  involved  - and  is  sometimes  even required  to  become                                                               
involved -  in the solution and  disposition of a case.   This is                                                               
certainly not  the case in the  adult system, she remarked.   The                                                               
situation  in  Alaska  doesn't  need to  be  fixed,  she  opined,                                                               
because in serious  cases, the department can  protect the public                                                               
and  can have  these minors  institutionalized up  to their  19th                                                               
birthday.   The department  can work with  the minor  and his/her                                                               
family for  a much longer period  of time.  She  pointed out that                                                               
the  department currently  has the  ability to  seek a  waiver in                                                               
cases where the minor is not  amenable to treatment, or can elect                                                               
to   waive  in   serious  situations.     Notwithstanding   these                                                               
possibilities, in  the majority of  situations it is  much better                                                               
to  keep  juveniles in  the  [juvenile]  system.   The  automatic                                                               
waivers in  Title 47.12 are  narrowly prescribed, she  noted, and                                                               
should not be expanded.                                                                                                         
                                                                                                                                
MS. WILSON suggested  that when considering the  expansion of the                                                               
criteria for  automatic waiver, the  committee should  also think                                                               
ahead to  what is  going to  happen to  the juvenile  when he/she                                                               
gets out  of jail.  That  person would then be  a convicted felon                                                               
and,  as  such,  his/her  future  will  be  very  restricted  and                                                               
uncertain.    It  could  be  very hard  for  these  offenders  to                                                               
overcome the moniker  of being convicted felons;  they could have                                                               
difficulty  getting jobs,  serving  in the  military, or  getting                                                               
educations.   And  although many  juveniles  have done  horrible,                                                               
stupid  things and  need  to  be held  accountable,  this can  be                                                               
accomplished in the  juvenile [justice] system; they  do not need                                                               
to  automatically go  to the  adult system.   In  conclusion, Ms.                                                               
Wilson suggested  that the committee give  consideration to other                                                               
pending legislation as alternatives to SB 169.                                                                                  
                                                                                                                                
REPRESENTATIVE   JAMES,  after   remarking  that   she  has   had                                                               
experience  with reform  schools, commented  that because  of the                                                               
differences between children ages  14-15 and children ages 16-17,                                                               
the younger children  in that environment would be  better off if                                                               
they are not exposed to the 16- and 17-year-olds.                                                                               
                                                                                                                                
Number 2420                                                                                                                     
                                                                                                                                
CANDACE BROWER,  Program Coordinator/Legislative  Liaison, Office                                                               
of the  Commissioner - Juneau,  Department of  Corrections (DOC),                                                               
concurred with  Mr. Buttcane and  Ms. Wilson that  when juveniles                                                               
are waived  into the adult  system, they are integrated  into the                                                               
adult population.  She elaborated:                                                                                              
                                                                                                                                
     When someone is arrested as  a waived juvenile, they go                                                                    
     to an  adult facility.   We make  every effort  that we                                                                    
     can to  ... protect  the safety  of the  juveniles that                                                                    
     come before us, but one of  the things that we do, that                                                                    
     we don't  do for other  offenders, is we  evaluate each                                                                    
     and   every  juvenile   for  a   period  of   time  and                                                                    
     segregation  to  try  [to]  determine  whether  or  not                                                                    
     they're safe to go into  ... general population....  If                                                                    
     it's determined  that they're not  safe to go  in, then                                                                    
     they  have to  remain  segregated for  the duration  of                                                                    
     their  ... incarceration  or until  they go  to another                                                                    
     facility  and  are deemed  able  to  go into  [general]                                                                    
     population.   That  creates  quite a  bit  of work  and                                                                    
     hardship for  our staff  as well  as for  the juveniles                                                                    
     that are waived.                                                                                                           
                                                                                                                                
MS.  BROWER remarked  that  going  into adult  prison  is a  very                                                               
serious thing,  and contended that  if a juvenile is  waived into                                                               
an  adult facility  because of  a  hate crime,  he/she will  only                                                               
emerge  more hateful  as a  result of  being integrated  into the                                                               
adult population.                                                                                                               
                                                                                                                                
TAPE 02-32, SIDE B                                                                                                              
Number 2489                                                                                                                     
                                                                                                                                
MS. BROWER  mentioned that [there  have been] instances  of adult                                                               
offenders' assaulting  juvenile offenders, and recounted  that in                                                               
the mid-80s, the  state had to pay a $1-million  lawsuit for just                                                               
such  an  incident,  which occurred  in  Ketchikan.    Therefore,                                                               
although the DOC  tries very hard to prevent  such assaults, they                                                               
do occur,  and reducing the  level of offense will  only increase                                                               
the  number of  children -  and, in  particular, more  vulnerable                                                               
children -  who get waived  into the adult system,  she remarked.                                                               
"Sixteen-year-old kids  are kids, regardless  of how  mature they                                                               
might want to  be; they're still kids and they  are at risk," she                                                               
pointed out,  and they will put  an additional burden on  the DOC                                                               
as it  strives to  protect them  from the  adult population.   In                                                               
conclusion,  she,  too,  suggested   that  the  committee  should                                                               
consider other  pending legislation  as it  strives to  deal with                                                               
the issue of hate crimes.                                                                                                       
                                                                                                                                
CHAIR ROKEBERG announced that SB 169 would be held over.                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 2412                                                                                                                     
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:33 p.m.                                                                 

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