Legislature(2005 - 2006)CAPITOL 120

05/06/2005 01:00 PM House JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
= SB 135 ASSAULT & CUSTODIAL INTERFERENCE
Moved Out of Committee
= SB 132 HUMAN RIGHTS COMMISSION
Heard & Held
= SB 130 WORKERS' COMPENSATION/ INSURANCE
Moved HCS CSSB 130(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 6, 2005                                                                                           
                           1:44 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative Tom Anderson                                                                                                     
Representative John Coghill                                                                                                     
Representative Nancy Dahlstrom                                                                                                  
Representative Pete Kott                                                                                                        
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 135(JUD)(efd am)                                                                                         
"An  Act  relating  to  the   crimes  of  assault  and  custodial                                                               
interference; and providing for an effective date."                                                                             
                                                                                                                                
     - MOVED CSSB 135(JUD)(efd am) OUT OF COMMITTEE                                                                             
                                                                                                                                
CS FOR SENATE BILL NO. 130(FIN) am                                                                                              
"An Act relating  to a special deposit  for workers' compensation                                                               
and  employers' liability  insurers;  relating  to assigned  risk                                                               
pools; relating  to workers'  compensation insurers;  stating the                                                               
intent  of   the  legislature,   and  setting   out  limitations,                                                               
concerning the  interpretation, construction,  and implementation                                                               
of workers'  compensation laws; relating  to the  Alaska Workers'                                                               
Compensation   Board;    assigning   certain    Alaska   Workers'                                                               
Compensation  Board   functions  to  the  division   of  workers'                                                               
compensation   in  the   Department   of   Labor  and   Workforce                                                               
Development and to that department,  and authorizing the board to                                                               
delegate administrative  and enforcement duties to  the division;                                                               
providing for workers' compensation  hearing officers in workers'                                                               
compensation  proceedings; establishing  a Workers'  Compensation                                                               
Appeals  Commission; relating  to  workers' compensation  medical                                                               
benefits and to  charges for and payment of fees  for the medical                                                               
benefits;   relating  to   agreements  that   discharge  workers'                                                               
compensation   liability;  relating   to  workers'   compensation                                                               
awards;  relating to  reemployment benefits  and job  dislocation                                                               
benefits; relating  to coordination of workers'  compensation and                                                               
certain  disability benefits;  relating to  division of  workers'                                                               
compensation records;  relating to release of  treatment records;                                                               
relating to an  employer's failure to insure and  keep insured or                                                               
provide  security;   providing  for  appeals   from  compensation                                                               
orders; relating to  workers' compensation proceedings; providing                                                               
for  supreme  court jurisdiction  of  appeals  from the  Workers'                                                               
Compensation Appeals  Commission; providing for a  maximum amount                                                               
for  the  cost-of-living  adjustment  for  workers'  compensation                                                               
benefits;  relating to  attorney  fees with  respect to  workers'                                                               
compensation;  providing   for  the  department  to   enter  into                                                               
contracts  with nonprofit  organizations  to provide  information                                                               
services   and  legal   representation   to  injured   employees;                                                               
providing  for administrative  penalties for  employers uninsured                                                               
or without adequate security  for workers' compensation; relating                                                               
to fraudulent acts or false  or misleading statements in workers'                                                               
compensation and penalties for the  acts or statements; providing                                                               
for members of  a limited liability company to be  included as an                                                               
employee for  purposes of  workers' compensation;  establishing a                                                               
workers' compensation  benefits guaranty fund;  making conforming                                                               
amendments;  providing for  a  study and  report  by the  medical                                                               
services  review  committee;  establishing   the  Task  Force  on                                                               
Workers' Compensation; and providing for an effective date."                                                                    
                                                                                                                                
     - MOVED HCS CSSB 130(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
SENATE BILL NO. 132(efd fld)                                                                                                    
"An  Act  relating  to  complaints  filed  with,  investigations,                                                               
hearings, and orders  of, and the interest rate on  awards of the                                                               
State  Commission   for  Human  Rights;  and   making  conforming                                                               
amendments."                                                                                                                    
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 135                                                                                                                  
SHORT TITLE: ASSAULT & CUSTODIAL INTERFERENCE                                                                                   
SPONSOR(S): SENATOR(S) DYSON                                                                                                    
                                                                                                                                
03/08/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/05       (S)       JUD, FIN                                                                                               
04/06/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/06/05       (S)       Scheduled But Not Heard                                                                                
04/14/05       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
04/14/05       (S)       Moved CSSB 135(JUD) Out of Committee                                                                   
04/14/05       (S)       MINUTE(JUD)                                                                                            
04/14/05       (S)       JUD RPT CS 1DP 3NR 1AM  SAME TITLE                                                                     
04/14/05       (S)       DP: SEEKINS                                                                                            
04/14/05       (S)       NR: FRENCH, THERRIAULT, HUGGINS                                                                        
04/14/05       (S)       AM: GUESS                                                                                              
04/30/05       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/30/05       (S)       Scheduled But Not Heard                                                                                
05/01/05       (H)       FIN AT 1:00 PM HOUSE FINANCE 519                                                                       
05/01/05       (S)       Moved CSSB 135(JUD) Out of Committee                                                                   
05/01/05       (S)       MINUTE(FIN)                                                                                            
05/01/05       (S)       FIN RPT CS(JUD)  3DP 2NR                                                                               
05/01/05       (S)       DP: WILKEN, GREEN, DYSON                                                                               
05/01/05       (S)       NR: OLSON, STEDMAN                                                                                     
05/03/05       (S)       TRANSMITTED TO (H)                                                                                     
05/03/05       (S)       VERSION: CSSB 135(JUD)(EFD AM)                                                                         
05/04/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/04/05       (H)       JUD, FIN                                                                                               
05/05/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
05/05/05       (H)       Scheduled But Not Heard                                                                                
05/06/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 130                                                                                                                  
SHORT TITLE: WORKERS' COMPENSATION/ INSURANCE                                                                                   
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/03/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/05       (S)       L&C, FIN                                                                                               
03/08/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/08/05       (S)       Heard & Held                                                                                           
03/08/05       (S)       MINUTE(L&C)                                                                                            
03/10/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/10/05       (S)       Heard & Held                                                                                           
03/10/05       (S)       MINUTE(L&C)                                                                                            
03/15/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/15/05       (S)       Heard & Held                                                                                           
03/15/05       (S)       MINUTE(L&C)                                                                                            
03/17/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/17/05       (S)       Heard & Held                                                                                           
03/17/05       (S)       MINUTE(L&C)                                                                                            
03/22/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/22/05       (S)       Heard & Held                                                                                           
03/22/05       (S)       MINUTE(L&C)                                                                                            
03/24/05       (S)       L&C AT 2:00 PM BELTZ 211                                                                               
03/24/05       (S)       Heard & Held                                                                                           
03/24/05       (S)       MINUTE(L&C)                                                                                            
03/29/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/29/05       (S)       -- Meeting Canceled --                                                                                 
03/31/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/31/05       (S)       Moved CSSB 130(L&C) Out of Committee                                                                   
03/31/05       (S)       MINUTE(L&C)                                                                                            
04/01/05       (S)       L&C RPT CS  2DP 1NR 2AM  NEW TITLE                                                                     
04/01/05       (S)       DP: BUNDE, STEVENS B                                                                                   
04/01/05       (S)       NR: SEEKINS                                                                                            
04/01/05       (S)       AM: DAVIS, ELLIS                                                                                       
04/01/05       (S)       JUD REFERRAL ADDED AFTER L&C                                                                           
04/05/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/05/05       (S)       Heard & Held                                                                                           
04/05/05       (S)       MINUTE(JUD)                                                                                            
04/06/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/06/05       (S)       Heard & Held                                                                                           
04/06/05       (S)       MINUTE(JUD)                                                                                            
04/07/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/07/05       (S)       Heard & Held                                                                                           
04/07/05       (S)       MINUTE(JUD)                                                                                            
04/08/05       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
04/08/05       (S)       Moved CSSB 130(JUD) Out of Committee                                                                   
04/08/05       (S)       MINUTE(JUD)                                                                                            
04/08/05       (S)       JUD RPT CS FORTHCOMING 1DP 4NR                                                                         
04/08/05       (S)       DP: SEEKINS                                                                                            
04/08/05       (S)       NR: FRENCH, GUESS, THERRIAULT, HUGGINS                                                                 
04/08/05       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/08/05       (S)       <Pending Referral>                                                                                     
04/11/05       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/11/05       (S)       Moved CSSB 130(FIN) Out of Committee                                                                   
04/11/05       (S)       MINUTE(FIN)                                                                                            
04/11/05       (S)       FIN RPT CS 5DP 1NR 1AM  NEW TITLE                                                                      
04/11/05       (S)       DP:   GREEN,   WILKEN,   BUNDE,   DYSON,                                                               
                         STEDMAN                                                                                                
04/11/05       (S)       NR: HOFFMAN                                                                                            
04/11/05       (S)       AM: OLSON                                                                                              
04/11/05       (S)       JUD CS RECEIVED  NEW TITLE                                                                             
04/14/05       (S)       TRANSMITTED TO (H)                                                                                     
04/14/05       (S)       VERSION: CSSB 130(FIN) AM                                                                              
04/15/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/05       (H)       L&C, JUD, FIN                                                                                          
04/15/05       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/15/05       (S)       Moved Out of Committee 4/11                                                                            
04/15/05       (S)       MINUTE(FIN)                                                                                            
05/04/05       (H)       L&C AT 2:00 PM CAPITOL 17                                                                              
05/04/05       (H)       Moved   HCS   CSSB   130(L&C)   Out   of                                                               
                         Committee                                                                                              
05/04/05       (H)       MINUTE(L&C)                                                                                            
05/04/05       (H)       L&C   RPT    HCS(L&C)   2DP    3NR   2AM                                                               
                         (FORTHCOMING)                                                                                          
05/04/05       (H)       DP: KOTT, LEDOUX;                                                                                      
05/04/05       (H)       NR: CRAWFORD, LYNN, GUTTENBERG;                                                                        
05/04/05       (H)       AM: ROKEBERG, ANDERSON                                                                                 
05/05/05       (H)       HCS(L&C) NT RECEIVED                                                                                   
05/05/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
05/05/05       (H)       Failed To Move Out Of Committee                                                                        
05/05/05       (H)       MINUTE(JUD)                                                                                            
05/05/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
05/05/05       (H)       <Pending Referral>                                                                                     
05/06/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 132                                                                                                                  
SHORT TITLE: HUMAN RIGHTS COMMISSION                                                                                            
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/04/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/04/05       (S)       STA, JUD                                                                                               
03/17/05       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/17/05       (S)       Heard & Held                                                                                           
03/17/05       (S)       MINUTE(STA)                                                                                            
03/29/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/29/05       (S)       Moved SB 132 Out of Committee                                                                          
03/29/05       (S)       MINUTE(STA)                                                                                            
03/30/05       (S)       STA RPT  3NR 1AM                                                                                       
03/30/05       (S)       NR: THERRIAULT, WAGONER, HUGGINS                                                                       
03/30/05       (S)       AM: DAVIS                                                                                              
04/07/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/07/05       (S)       Scheduled But Not Heard                                                                                
04/08/05       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
04/08/05       (S)       Scheduled But Not Heard                                                                                
04/14/05       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
04/14/05       (S)       Moved SB 132 Out of Committee                                                                          
04/14/05       (S)       MINUTE(JUD)                                                                                            
04/14/05       (S)       JUD RPT  1DP 2NR 2AM                                                                                   
04/14/05       (S)       DP: SEEKINS                                                                                            
04/14/05       (S)       NR: THERRIAULT, HUGGINS                                                                                
04/14/05       (S)       AM: FRENCH, GUESS                                                                                      
04/21/05       (S)       TRANSMITTED TO (H)                                                                                     
04/21/05       (S)       VERSION: SB 132(EFD FLD)                                                                               
04/22/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/22/05       (H)       STA, JUD                                                                                               
05/03/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
05/03/05       (H)       Heard & Held                                                                                           
05/03/05       (H)       MINUTE(STA)                                                                                            
05/05/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
05/05/05       (H)       Moved HCS SB 132(STA) Out of Committee                                                                 
05/05/05       (H)       MINUTE(STA)                                                                                            
05/05/05       (H)       STA RPT HCS(STA) 4DP 1AM                                                                               
05/05/05       (H)       DP: LYNN, GATTO, ELKINS, SEATON;                                                                       
05/05/05       (H)       AM: GRUENBERG                                                                                          
05/05/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
05/05/05       (H)       Scheduled But Not Heard                                                                                
05/06/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JASON HOOLEY, Staff                                                                                                             
to Senator Fred Dyson                                                                                                           
Senate Health, Education and Social Services Standing Committee                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented SB 135 on behalf  of the sponsor,                                                               
Senator Dyson.                                                                                                                  
                                                                                                                                
DEAN J. GUANELI, Chief Assistant Attorney General                                                                               
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to  questions during discussion of                                                               
SB 135.                                                                                                                         
                                                                                                                                
SCOTT J, NORDSTRAND, Deputy Attorney General                                                                                    
Civil Division                                                                                                                  
Office of the Attorney General                                                                                                  
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Presented  SB  132  on   behalf  of  the                                                               
administration and responded to questions.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL   McGUIRE  called   the  House   Judiciary  Standing                                                             
Committee  meeting  to  order at  1:44:37  PM.    Representatives                                                             
McGuire, Anderson,  Coghill, Kott, and  Gara were present  at the                                                               
call to  order.  Representatives Dahlstrom  and Gruenberg arrived                                                               
as the meeting was in progress.                                                                                                 
                                                                                                                                
SB 135 - ASSAULT & CUSTODIAL INTERFERENCE                                                                                     
                                                                                                                                
1:44:50 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be CS FOR  SENATE BILL NO. 135(JUD)(efd am), "An  Act relating to                                                               
the crimes  of assault and custodial  interference; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
JASON  HOOLEY,  Staff  to  Senator  Fred  Dyson,  Senate  Health,                                                               
Education and  Social Services  Standing Committee,  Alaska State                                                               
Legislature, presented SB  135 on behalf of  the sponsor, Senator                                                               
Dyson.  He relayed that the concept  of SB 135 was brought to the                                                               
sponsor by the Criminal Division,  Department of Law, in response                                                               
to  a couple  of  Alaska  Court of  Appeals  cases  in which  the                                                               
defendants  escaped being  held  accountable  for their  actions.                                                               
The   bill  addresses   two  crimes:     assault   and  custodial                                                               
interference.                                                                                                                   
                                                                                                                                
MR. HOOLEY explained  that currently an adult  person commits the                                                               
crime of assault in the  third degree if he/she recklessly causes                                                               
injury  to  a  child  under  10  years  of  age  and  the  injury                                                               
reasonably  requires medical  attention.   The bill  would modify                                                               
that language such that the crime  of assault in the third degree                                                               
would  apply  in  instances  where   the  injury  would  cause  a                                                               
reasonable  caregiver to  seek medical  attention  from a  health                                                               
care  professional in  the form  of diagnosis  or treatment.   He                                                               
also  explained that  Section  2  of the  bill  would  add a  new                                                               
subsection to  AS 11.41.330  such that  if a  noncustodial parent                                                               
takes or  holds a child  without proper permission  or authority,                                                               
he/she cannot  claim the affirmative  defense of  necessity under                                                               
AS 11.81.320 unless he/she releases  the child within the shorter                                                               
of either  24 hours or  the time necessary  to report to  a peace                                                               
officer or social service agency  that the child has been abused,                                                               
neglected, or is in eminent physical danger.                                                                                    
                                                                                                                                
REPRESENTATIVE GARA,  referring to the proposed  change regarding                                                               
custodial interference, asked for a description of current law.                                                                 
                                                                                                                                
1:47:01 PM                                                                                                                    
                                                                                                                                
DEAN  J.   GUANELI,  Chief  Assistant  Attorney   General,  Legal                                                               
Services  Section-Juneau, Criminal  Division,  Department of  Law                                                               
(DOL), said  that it is  the DOL's view  that there really  is no                                                               
affirmative  defense of  necessity  in  a custodial  interference                                                               
case.  In  Perrin v. State, however, the Alaska  Court of Appeals                                                             
created a form of an  affirmative defense for situations in which                                                               
a parent  takes a child  and then  later claims that  he/she took                                                               
the child because he/she thought  that the child was being abused                                                               
or  neglected by  the custodial  parent.   In Perrin,  he opined,                                                             
there  was  no  evidence  that  the child  was  being  abused  or                                                               
neglected,  and that  presumably the  claim of  such was  just an                                                               
attempt to  get custody of  the child.  After  one court-approved                                                               
visitation,  the defendant  took his  child and  left the  state,                                                               
changing his  appearance and name.   The defendant was  gone from                                                               
the state for  over three months, and when he  was finally caught                                                               
by authorities, he argued that he  only took the child because he                                                               
felt that the child was being neglected.                                                                                        
                                                                                                                                
MR.  GUANELI  said  that  the  DOL doesn't  think  that  such  an                                                               
argument ought to  be what state policy provides  for, and thinks                                                               
that such a  defense should not be tolerated.   He then described                                                               
the  language change  being proposed  in Section  2 of  the bill,                                                               
adding his belief that if a  person is really concerned about the                                                               
health and  welfare of a child,  then he/she should speak  to the                                                               
authorities about it or take the matter to court.                                                                               
                                                                                                                                
1:50:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA, after offering  his understanding of how the                                                               
affirmative  defense of  necessity  currently works  and how  the                                                               
proposed  change  would work,  opined  that  the proposed  change                                                               
doesn't seem  to be a  good policy  unless the current  system is                                                               
being  abused,  particularly  given  how  hard  it  is  to  prove                                                               
affirmative defense of necessity to a jury.                                                                                     
                                                                                                                                
MR.  GUANELI   suggested  that  the   policy  decision   for  the                                                               
legislature  to make  is whether  "these  kinds of  allegations,"                                                               
made without  evidence, warrant turning  a criminal trial  into a                                                               
re-litigation of  all the issues  that have already  been decided                                                               
with regard  to a  child custody  matter.   He opined  that doing                                                               
such would  be improper.   He  offered his  belief that  if there                                                               
really  is evidence  of  abuse  or neglect,  a  peace officer  or                                                               
social service agency is going to take action.                                                                                  
                                                                                                                                
REPRESENTATIVE GARA  referred to  an Anchorage  newspaper article                                                               
which  he said  illustrates that  40 percent  of all  child abuse                                                               
cases  have  been "sitting  at  the  Anchorage Police  Department                                                               
(APD) for close  to a year."  Therefore, he  said he is concerned                                                               
with  the idea  that it's  a  crime to  take child  away from  an                                                               
abusive situation when no one responds to requests for help.                                                                    
                                                                                                                                
1:53:53 PM                                                                                                                    
                                                                                                                                
MR. GUANELI, in  response to a question, said  that the defendant                                                               
in  the  Perrin  case  was convicted  without  being  allowed  to                                                             
present evidence  to the  jury, and the  Alaska Court  of Appeals                                                               
ruled that  the defendant ought to  have been allowed do  so.  He                                                               
offered  his belief  that the  question before  the committee  is                                                               
whether state  policy should  allow child  custody matters  to be                                                               
litigated in a criminal court.                                                                                                  
                                                                                                                                
REPRESENTATIVE  ANDERSON  asked  Representative Gara  whether  he                                                               
would  be   amenable  to  changing  the   timeframe  proposed  AS                                                               
11.41.330(c)(1) from 24 hours to 48 hours.                                                                                      
                                                                                                                                
REPRESENTATIVE GARA  indicated that he  would be, though  he also                                                               
indicated  that he  would be  amenable to  having an  affirmative                                                               
defense  of necessity  not be  accepted in  situations where  the                                                               
case isn't reported  to a peace officer or  social service agency                                                               
within   "a   reasonably  necessary   amount   of   time".     He                                                               
characterized "24 hours" as an arbitrary timeframe.                                                                             
                                                                                                                                
MR. GUANELI  predicted that the  question would then  become what                                                               
amount  of time  would  be considered  reasonably necessary,  and                                                               
that there may be jurors who  would find the timeframe of several                                                               
months,  as  occurred  in  the Perrin  case,  to  be  "reasonably                                                             
necessary."   He  relayed that  he has  received many  calls from                                                               
custodial  parents saying  that  their children  have been  taken                                                               
away  and  have   been  missing  for  months,  and   that  it  is                                                               
heartbreaking to  have to say  to them  that nothing can  be done                                                               
until the  children are  found.   Then, when  they are  found, to                                                               
have  the person  who took  them use  the affirmative  defense of                                                               
necessity by claiming  in court that the  children were neglected                                                               
or abused,  even though there  is no  evidence to support  such a                                                               
claim, is  a shame and  denies a custodial parent  his/her court-                                                               
granted   custodial   rights.      Mr.   Guaneli   concluded   by                                                               
characterizing the  change proposed  via SB  135 as  a reasonable                                                               
one.                                                                                                                            
                                                                                                                                
1:57:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA reiterated  that an  affirmative defense  of                                                               
necessity  is  difficult   to  prove  -  the   courts  require  a                                                               
specifically high  burden of proof  before allowing one  to offer                                                               
such a defense.   He said he doesn't buy  the argument that there                                                               
might be  some jurors  who could  consider a few  months to  be a                                                               
reasonably necessary amount of time,  adding that he doesn't have                                                               
any  fear that  such  will  occur.   He  again characterized  "24                                                               
hours" as an arbitrary timeframe.                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  mentioned that he has  been involved in                                                               
cases wherein  a noncustodial parent  has taken the  children and                                                               
never returned  or has  taken the children  and then  killed them                                                               
before committing suicide.  He  offered his understanding that at                                                               
least  in Alaska  one can  obtain an  ex parte  domestic violence                                                               
protective order, giving one emergency custody of a child.                                                                      
                                                                                                                                
MR. GUANELI concurred.                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG  predicted that allowing a  person a 48-                                                               
hour "head start" may make it  impossible to find him/her and the                                                               
children he/she took.                                                                                                           
                                                                                                                                
2:01:19 PM                                                                                                                    
                                                                                                                                
CHAIR  McGUIRE, after  ascertaining that  no one  else wished  to                                                               
testify, closed public testimony on SB 135.                                                                                     
                                                                                                                                
REPRESENTATIVE GARA,  after offering a hypothetical  example of a                                                               
situation for  which Section 2  of the  bill would apply,  made a                                                               
motion to  adopt Conceptual Amendment  1, to delete  the language                                                               
on page  2, line 18,  and to then  stipulate the timeframe  to be                                                               
that which is  reasonably necessary.  He  again characterized the                                                               
24-hour timeframe  as arbitrary and  opined that juries  will see                                                               
through an illegitimate affirmative defense of necessity.                                                                       
                                                                                                                                
REPRESENTATIVE ANDERSON objected.   He indicated a preference for                                                               
keeping the language in Section 2 as is.                                                                                        
                                                                                                                                
A roll call  vote was taken.  Representative Gara  voted in favor                                                               
of Conceptual  Amendment 1.   Representatives  McGuire, Anderson,                                                               
Coghill, Dahlstrom,  and Gruenberg voted against  it.  Therefore,                                                               
Conceptual Amendment 1 failed by a vote of 1-5.                                                                                 
                                                                                                                                
2:04:47 PM                                                                                                                    
                                                                                                                                
CHAIR  McGUIRE,  remarking  that she  understands  Representative                                                               
Gara's concern,  said she  would like to  receive an  update next                                                               
year from the department regarding  whether the proposed language                                                               
actually addresses  the perceived  problem or whether  it instead                                                               
causes more harm.                                                                                                               
                                                                                                                                
2:05:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  that members  might find  it                                                               
worthwhile to read the dissenting opinion in the Perrin case.                                                                 
                                                                                                                                
REPRESENTATIVE GARA [suggested a  possible second] amendment that                                                               
would alter the language such that  it would refer to the shorter                                                               
of either  "72 hours or  the time necessary  ...".  Under  such a                                                               
language change, he  predicted, one must still  prove that taking                                                               
a child saved the child from harm.                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG predicted, though,  that the argument in                                                               
such cases  will then become  what amount of time  was necessary.                                                               
He remarked that as a practical  matter having a bright line such                                                               
as is  currently in  the bill  will make  it easier  to determine                                                               
whether  too much  time  has  elapsed.   He  also predicted  that                                                               
having a 72-hour timeframe will complicate such cases.                                                                          
                                                                                                                                
REPRESENTATIVE ANDERSON concurred.                                                                                              
                                                                                                                                
REPRESENTATIVE  GARA said  he would  be shocked  if the  DOL ever                                                               
returned to the  legislature to complain that  a particular piece                                                               
of legislation made it too easy to convict someone.                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  how many  custodial interference                                                               
cases are prosecuted in a year.                                                                                                 
                                                                                                                                
2:09:05 PM                                                                                                                    
                                                                                                                                
MR. GUANELI said  less than 20.   He agreed that it  is very hard                                                               
to locate people  who take a child and flee,  and that some never                                                               
return or return  only after the children are all  grown, such as                                                               
occurred in a  case wherein the father took his  four children to                                                               
Australia.   He said that  in this heartbreaking case,  the woman                                                               
pointed out  that she had  essentially lost her  children because                                                               
the father  went out of  his way to turn  them against her.   Mr.                                                               
Guaneli  said  he  respects   Representative  Gara's  views,  but                                                               
pointed out that in custodial  interference cases the DOL takes a                                                               
careful look  to see  whether there  is a  reasonable explanation                                                               
for why  a child  was held too  long.  If  there is  a reasonable                                                               
explanation then  the DOL won't  convict, because the DOL  is not                                                               
interested in  prosecuting such  cases.  The  DOL's fear  is that                                                               
someone  who is  taking  a child  for the  wrong  reason will  be                                                               
unjustly acquitted.                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he is more  interested in focusing                                                               
on  "pre-trial."   He asked  whether there  is anything  that the                                                               
legislature can do to help  locate noncustodial parents that take                                                               
their children and flee the state.                                                                                              
                                                                                                                                
CHAIR  McGUIRE   suggested  that  that  issue   could  be  better                                                               
addressed at another time.                                                                                                      
                                                                                                                                
2:11:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON moved  to report  CSSB 135(JUD)(efd  am)                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying zero fiscal  notes.  There being  no objection, CSSB
135(JUD)(efd am)  was reported from the  House Judiciary Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
SB 130 - WORKERS' COMPENSATION/ INSURANCE                                                                                     
                                                                                                                                
2:11:52 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE announced that the  next order of business would be                                                               
CS  FOR SENATE  BILL  NO.  130(FIN) am,  "An  Act  relating to  a                                                               
special   deposit  for   workers'  compensation   and  employers'                                                               
liability insurers; relating to  assigned risk pools; relating to                                                               
workers'  compensation  insurers;  stating   the  intent  of  the                                                               
legislature,   and  setting   out  limitations,   concerning  the                                                               
interpretation,  construction,  and  implementation  of  workers'                                                               
compensation laws;  relating to the Alaska  Workers' Compensation                                                               
Board;  assigning  certain  Alaska  Workers'  Compensation  Board                                                               
functions  to  the  division  of  workers'  compensation  in  the                                                               
Department  of  Labor  and  Workforce  Development  and  to  that                                                               
department, and authorizing the  board to delegate administrative                                                               
and enforcement  duties to the  division; providing  for workers'                                                               
compensation   hearing   officers    in   workers'   compensation                                                               
proceedings;   establishing  a   Workers'  Compensation   Appeals                                                               
Commission;  relating to  workers' compensation  medical benefits                                                               
and to charges for and payment  of fees for the medical benefits;                                                               
relating  to  agreements  that  discharge  workers'  compensation                                                               
liability; relating to workers'  compensation awards; relating to                                                               
reemployment benefits  and job dislocation benefits;  relating to                                                               
coordination  of  workers'  compensation and  certain  disability                                                               
benefits; relating to division  of workers' compensation records;                                                               
relating  to  release  of  treatment   records;  relating  to  an                                                               
employer's  failure  to  insure   and  keep  insured  or  provide                                                               
security;  providing   for  appeals  from   compensation  orders;                                                               
relating  to  workers'  compensation proceedings;  providing  for                                                               
supreme  court   jurisdiction  of   appeals  from   the  Workers'                                                               
Compensation Appeals  Commission; providing for a  maximum amount                                                               
for  the  cost-of-living  adjustment  for  workers'  compensation                                                               
benefits;  relating to  attorney  fees with  respect to  workers'                                                               
compensation;  providing   for  the  department  to   enter  into                                                               
contracts  with nonprofit  organizations  to provide  information                                                               
services   and  legal   representation   to  injured   employees;                                                               
providing  for administrative  penalties for  employers uninsured                                                               
or without adequate security  for workers' compensation; relating                                                               
to fraudulent acts or false  or misleading statements in workers'                                                               
compensation and penalties for the  acts or statements; providing                                                               
for members of  a limited liability company to be  included as an                                                               
employee for  purposes of  workers' compensation;  establishing a                                                               
workers' compensation  benefits guaranty fund;  making conforming                                                               
amendments;  providing for  a  study and  report  by the  medical                                                               
services  review  committee;  establishing   the  Task  Force  on                                                               
Workers'  Compensation; and  providing  for  an effective  date."                                                               
[Before  the  committee was  HCS  CSSB  130(L&C), as  amended  on                                                               
5/5/05.]                                                                                                                        
                                                                                                                                
The committee took an at-ease from 2:12 p.m. to 2:13 p.m.                                                                       
                                                                                                                                
2:13:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT relayed  that  he'd objected  to moving  the                                                               
bill  from   committee  yesterday   because  he'd   had  concerns                                                               
regarding the  "second injury  fund," and  was hoping  to acquire                                                               
further information on that issue.  He added:                                                                                   
                                                                                                                                
     It still seems  to be somewhat confusing  as to whether                                                                    
     or not  the second injury fund  is working or not.   My                                                                    
     sense is  that we err on  the side of conservatism.   I                                                                    
     think at this  point we should leave  the second injury                                                                    
     fund as  is, in the bill,  as it was put  in yesterday,                                                                    
     [and I  think] Representative Coghill thought  the same                                                                    
     -  [that]  there  may  be some  other  impacts  from  a                                                                    
     judicial  standpoint.    So  I  think  at  this  point,                                                                    
     between now  and whenever this  bill reaches us  on the                                                                    
     floor for a vote, there'll still be sufficient time.                                                                       
                                                                                                                                
     But  I believe,  at this  point, that  we should  leave                                                                    
     that second  injury fund in  the bill in spite  of what                                                                    
     Mr.  Cattanach  said, that  it's  not  working.   So  I                                                                    
     haven't been convinced one way  or the other that it is                                                                    
     or is  not working.   I know it  is somewhat of  a cost                                                                    
     driver [though]  we couldn't get  the numbers  from the                                                                    
     Division of  Insurance [regarding] what it  was costing                                                                    
     employers to  keep it in.   I still believe there  is a                                                                    
     tail  on  some  of  those   cases,  and  I'm  a  little                                                                    
     concerned that  those injured workers may  not get what                                                                    
     is ultimately due to them.                                                                                                 
                                                                                                                                
REPRESENTATIVE  KOTT, in  conclusion,  relayed  that having  been                                                               
given some assurance  that his concerns are being met,  he is now                                                               
willing to move the bill from committee.                                                                                        
                                                                                                                                
REPRESENTATIVE  KOTT  moved  to  report  HCS  CSSB  130(L&C)  [as                                                               
amended]  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There  being no  objection, HCS                                                               
CSSB  130(JUD) was  reported from  the  House Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
SB 132 - HUMAN RIGHTS COMMISSION                                                                                              
                                                                                                                                
CHAIR McGUIRE  announced that the  final order of  business would                                                               
be SENATE BILL  NO. 132(efd fld), "An Act  relating to complaints                                                               
filed  with, investigations,  hearings,  and orders  of, and  the                                                               
interest  rate  on  awards  of the  State  Commission  for  Human                                                               
Rights;  and   making  conforming   amendments."     [Before  the                                                               
committee was HCS SB 132(STA).]                                                                                                 
                                                                                                                                
2:16:35 PM                                                                                                                    
                                                                                                                                
SCOTT  J, NORDSTRAND,  Deputy Attorney  General, Civil  Division,                                                               
Office  of  the  Attorney  General,   Department  of  Law  (DOL),                                                               
presented SB 132  on behalf of the administration.   He said that                                                               
the bill is  designed to enhance the effectiveness  of the Alaska                                                               
State Commission for Human Rights  ("commission") by allowing the                                                               
commission to evaluate complaints  of unlawful discrimination and                                                               
allocate its resources to prosecuting  those complaints that will                                                               
best  serve   the  commission's  goal  of   eliminating  unlawful                                                               
discrimination.     The  bill   will  improve   the  commission's                                                               
procedures, will  enhance the fairness of  commission procedures,                                                               
will  clarify the  remedies that  the commission  may award,  and                                                               
will address some housekeeping matters.                                                                                         
                                                                                                                                
MR. NORDSTRAND  relayed that  in general, SB  132 is  designed to                                                               
address the lack of prosecutorial  discretion that the commission                                                               
now  suffers  from  based  on an  interpretation  of  the  Alaska                                                               
Supreme Court  case, Department  of Fish &  Game v.  Meyer, which                                                             
said  that  a  finding  of   substantial  evidence  requires  the                                                               
commission  to   pursue  further  procedures.     The  bill  adds                                                               
statutory   provisions  allowing   the  commission   to  exercise                                                               
prosecutorial discretion  and dismiss claims that  wouldn't be in                                                               
the best  interest of  using state resources.   He  remarked that                                                               
procedural  aspects  are included  in  the  bill, clarifying  for                                                               
participants  what they  are being  charged with  and why,  and a                                                               
summary judgment procedure has been  added as well.  Furthermore,                                                               
the bill lists the possible  remedies available to the commission                                                               
to alleviate  discrimination, though  because it  is not  an all-                                                               
inclusive list, the statement that  any appropriate relief may be                                                               
awarded has been left in existing statute.                                                                                      
                                                                                                                                
2:19:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  1,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 2, line 27:                                                                                                           
          Delete "The commission, in its"                                                                                       
                                                                                                                                
     Page 2, line 28, through page 3, line 1:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Page 3, line 4:                                                                                                            
          Delete    ",   in    the   executive    director's                                                                    
     discretion,"                                                                                                               
                                                                                                                                
     Page 3, following line 15:                                                                                                 
          Insert the following new material:                                                                                    
          "(c)  The commission, in its discretion, may, but                                                                     
     is  not required  to, review  the executive  director's                                                                    
     order of  dismissal under  (a) or  (b) of  this section                                                                    
     and  may affirm  the  order, remand  the complaint  for                                                                    
     further investigation, or,  if the commission concludes                                                                    
     that substantial evidence supports  the complaint of an                                                                    
     unlawful discriminatory  practice, refer  the complaint                                                                    
     for   conference,  conciliation,   and  persuasion   as                                                                    
     provided in AS 18.80.110, or for hearing."                                                                                 
                                                                                                                                
     Page 3, line 16:                                                                                                           
          Delete "(c)"                                                                                                          
          Insert "(d)"                                                                                                          
                                                                                                                                
     Page 3, line 22:                                                                                                           
          Delete    ",   in    the   executive    director's                                                                    
     discretion,"                                                                                                               
                                                                                                                                
REPRESENTATIVE ANDERSON objected for the purpose of discussion.                                                                 
                                                                                                                                
MR.  NORDSTRAND,  in  response   to  comments  and  questions  by                                                               
Representative Gruenberg, explained that  Amendment 1 changes the                                                               
language currently in Section 4  such that the proposed provision                                                               
allowing the  commission to review an  executive director's order                                                               
of dismissal  would apply to  both subsection (a)  and subsection                                                               
(b) of proposed AS 18.80.112  - currently that proposed provision                                                               
only applies to  subsection (a) - and also  deletes language that                                                               
suggests that  the discretion to  review an  executive director's                                                               
order of dismissal lies solely with the executive director.                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON removed his objection.                                                                                  
                                                                                                                                
CHAIR  McGUIRE asked  whether there  were  further objections  to                                                               
Amendment 1.  There being none, Amendment 1 was adopted.                                                                        
                                                                                                                                
2:23:29 PM                                                                                                                    
                                                                                                                                
CHAIR  McGUIRE, after  ascertaining that  no one  else wished  to                                                               
testify, closed public testimony on SB 132.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG mentioned  that he  and Mr.  Nordstrand                                                               
had  discussed  another possible  amendment.    Referring to  the                                                               
language on  page 3,  line 31  - which  stipulates that  a person                                                               
[charged  in an  accusation] may  file a  written answer  and may                                                               
appear  at  the  hearing,  with or  without  counsel  and  submit                                                               
evidence -  he said he  wants to be  very clear that  current law                                                               
does  not   provide  free  counsel.     He  suggested   that  the                                                               
aforementioned language should include  the phrase, "at their own                                                               
expense".                                                                                                                       
                                                                                                                                
MR.   NORDSTRAND,  after   clarifying  that   the  aforementioned                                                               
language pertains to  those charged in an  accusation, he pointed                                                               
out  that   the  commission  retains  the   discretion  to  award                                                               
reasonable  expenses,  including  attorney   fees,  as  it  deems                                                               
appropriate.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG remarked, then,  that he would not offer                                                               
an amendment to change the aforementioned language.                                                                             
                                                                                                                                
REPRESENTATIVE GARA opined that  SB 132 has substantial problems.                                                               
For example,  the bill refers  to "discriminatory  practice", and                                                               
therefore his  concern, he  relayed, is  that such  language will                                                               
stipulate  that  the  behavior   must  be  institutionalized  and                                                               
repetitive  before anyone  can seek  relief.   He then  indicated                                                               
that  he  would be  offering  an  amendment  to change  the  term                                                               
"discriminatory practice" to "discriminatory conduct".                                                                          
                                                                                                                                
MR.  NORDSTRAND  explained  that  the DOL  is  merely  trying  to                                                               
conform the language in the  provisions being changed by the bill                                                               
to the  language currently  in AS  18.80.220, for  example, which                                                               
pertains  to unlawful  employment "practices."   The  use of  the                                                               
term "discriminatory practice" is not  meant to change the intent                                                               
of the  law, but rather  to merely  provide for consistency.   He                                                               
offered  his understanding  that a  single act  of discrimination                                                               
would  certainly still  constitute  behavior  sufficient to  give                                                               
rise to a discrimination claim.                                                                                                 
                                                                                                                                
REPRESENTATIVE GARA  indicated that  he is still  concerned about                                                               
this issue, that the term  "practice" will be interpreted to mean                                                               
only a  course of conduct.   He  asked Mr. Nordstrand  whether he                                                               
would  be   amenable  to  a  conceptual   amendment  which  would                                                               
stipulate  that a  single occurrence  can  constitute a  practice                                                               
under SB 132.                                                                                                                   
                                                                                                                                
MR.  NORDSTRAND said  he  doesn't know  where  such a  conceptual                                                               
amendment  would  go,  and  offered  his  belief  that  [current]                                                               
statute already describes [single  occurrences] as practices.  He                                                               
elaborated:                                                                                                                     
                                                                                                                                
     What is  being described here  as being subject  of the                                                                    
     complaint, it  has to  refer to  violating the  rest of                                                                    
     the  statute, and  the rest  of  the statute  describes                                                                    
     these things as  unlawful employment and discrimination                                                                    
     practices.   So  I  think  it would  make  it ...  less                                                                    
     clear.   ...  "Unlawful   financing   practice"  -   AS                                                                    
     18.80.250; "Unlawful  practices in  the sale  or rental                                                                    
     of  real  property"  - that's  AS  18.80.240;  Unlawful                                                                    
     practices  in  places  of public  accommodation"  -  AS                                                                    
     18.80.230:   I think it  makes sense for  the violation                                                                    
     to   track  what   the   actual   description  of   the                                                                    
     discriminatory practices  are, and  that's all  we were                                                                    
     trying to do.                                                                                                              
                                                                                                                                
2:28:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA, after  relaying  his  understanding of  Mr.                                                               
Nordstrand's point,  made a motion to  adopt Conceptual Amendment                                                               
2, to define, somewhere in  statute, "discriminatory practice" as                                                               
including  a  practice  that  involves  one  occurrence  of  that                                                               
conduct.                                                                                                                        
                                                                                                                                
CHAIR McGUIRE  suggested that Conceptual Amendment  2 should say,                                                               
"one or more".                                                                                                                  
                                                                                                                                
REPRESENTATIVE  GARA concurred.   [Although  no formal  motion to                                                               
amend  Conceptual Amendment  2 was  made, Conceptual  Amendment 2                                                               
was treated as amended.                                                                                                         
                                                                                                                                
REPRESENTATIVE  ANDERSON   objected  to   the  motion   to  adopt                                                               
Conceptual  Amendment 2  [as amended].    He opined  that such  a                                                               
definition  change ought  to be  part  of a  different bill,  and                                                               
offered his interpretation of Mr. Nordstrand's comments.                                                                        
                                                                                                                                
MR.  NORDSTRAND  opined  that   there  is  a  difference  between                                                               
"conduct"   and  "practice"   in  the   sense  that   conduct  is                                                               
essentially evidence of  a practice, and offered  his belief that                                                               
the statute says one cannot engage  in a practice that is illegal                                                               
under  the  statute.    It's  important,  he  added,  to  provide                                                               
consequences for what  the statute says is  an unlawful practice,                                                               
and the conduct -  whether it be one act or  several - gives rise                                                               
to the unlawful practice itself.                                                                                                
                                                                                                                                
REPRESENTATIVE ANDERSON  surmised, then,  that Mr.  Nordstrand is                                                               
saying that  "practice" encapsulates  "conduct", and thus  use of                                                               
the word "practice" will make the bill broader and better.                                                                      
                                                                                                                                
2:31:46 PM                                                                                                                    
                                                                                                                                
MR. NORDSTRAND concurred.                                                                                                       
                                                                                                                                
REPRESENTATIVE  DAHLSTROM asked  whether  adoption of  Conceptual                                                               
Amendment 2  [as amended]  would weaken  the bill.   If  not, she                                                               
surmised,  then  the  intent  of  the  bill  would  remain  while                                                               
members' concerns would also be addressed.                                                                                      
                                                                                                                                
MR. NORDSTRAND  said he would  be very concerned about  trying to                                                               
define  the  word "conduct"  in  a  specific  way.   For  example                                                               
discrimination  might not  be displayed  as an  action, it  might                                                               
instead be  displayed as a failure  to act.  Therefore,  the best                                                               
default might  perhaps be to have  all the statutes use  only the                                                               
word "conduct", he remarked, but pointed  out that such a word is                                                               
ambiguous and the DOL had wanted  to avoid that.  Furthermore, if                                                               
the word "conduct" is used,  then each of the statutes pertaining                                                               
to discrimination would have to  be rewritten such that they each                                                               
specifically  list what  constitutes  the  unlawful behavior  and                                                               
whether  committing that  behavior  only once  is sufficient  for                                                               
violation.  He elaborated:                                                                                                      
                                                                                                                                
     The statute  isn't written in  terms of actions.   It's                                                                    
     not  written in  terms  of, "one  act  of something  is                                                                    
     unlawful."   It  says  it's  unlawful to  discriminate.                                                                    
     That  means if  you  acted  in such  a  way, for  these                                                                    
     improper motives  -- and it's really  about motives, in                                                                    
     a sense, not about the  particular act, and that's what                                                                    
     makes it hard  to define that way.  I  think [it] could                                                                    
     make a difference.                                                                                                         
                                                                                                                                
REPRESENTATIVE ANDERSON concurred.                                                                                              
                                                                                                                                
2:34:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA withdrew Conceptual  Amendment 2 [as amended]                                                               
but noted  that when words in  the law are changed,  courts could                                                               
construe  the  act of  changing  those  words  to mean  that  the                                                               
legislature intends for the law  to have a different meaning than                                                               
it  used  to.    He  said he  is  comfortable  with  the  meaning                                                               
currently  being used,  and is  a little  uncomfortable with  the                                                               
meaning that  could be  construed via  use of the  new term.   He                                                               
expressed a desire for the law to be made clearer.                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG mentioned that  he'd served as a hearing                                                               
officer on  a number of  State Commission for Human  Rights cases                                                               
several  years ago,  and  noted that  there is  a  whole body  of                                                               
common  law  construing current  law  with  regard to  the  terms                                                               
"practice" and "conduct", adding that  his preference would be to                                                               
be very careful  about changing or upsetting what  he referred to                                                               
as a very carefully crafted area of law.                                                                                        
                                                                                                                                
2:36:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  referred  to   page  2,  lines  7-9,  which                                                               
stipulates that  a complaint must be  filed within 180 days.   He                                                               
asked  what  the  current  statute  of  limitations  is  for  the                                                               
[commission] to bring an action.                                                                                                
                                                                                                                                
MR. NORDSTRAND replied that it, too,  is 180 days, though it is a                                                               
regulatory limitation rather than a statutory limitation.                                                                       
                                                                                                                                
REPRESENTATIVE  GARA said  he is  a  little uncomfortable  saying                                                               
that a person  has to complain that quickly in  order to get help                                                               
from the State of Alaska.                                                                                                       
                                                                                                                                
MR.  NORDSTRAND said  that timeframe  is consistent  with federal                                                               
law  and doesn't  preclude an  aggrieved person  from bringing  a                                                               
human rights Act  claim in court for up to  two years, the actual                                                               
statute of limitations; rather, the  timeframe of 180 days merely                                                               
allows the [commission] to set  a reasonable period of time after                                                               
the discriminatory act  for a person to come  to the [commission]                                                               
for help.   He  said the DOL  felt it was  not appropriate  for a                                                               
statute  of limitations  to  be in  a  regulation, and  therefore                                                               
thought any timeframe limitation should become part of statute.                                                                 
                                                                                                                                
REPRESENTATIVE  GARA  made a  motion  to  adopt Amendment  3,  to                                                               
change -  in Section 2, proposed  subsection (c) - "180"  days to                                                               
"one year".                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON objected.   He opined that a  half a year                                                               
is a sufficient timeframe.                                                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL   asked  whether  there  have   been  any                                                               
situations   wherein  the   180-day   timeframe   has  not   been                                                               
sufficient.                                                                                                                     
                                                                                                                                
MR. NORDSTRAND said is possible  that someone may have missed the                                                               
timeframe, but suggested  that it makes sense  for the commission                                                               
to  have  the  same  statute   of  limitations  regarding  agency                                                               
discrimination claims  as the  U.S. Equal  Employment Opportunity                                                               
Commission  (EEOC),  particularly  since the  two  have  "sharing                                                               
agreements."                                                                                                                    
                                                                                                                                
[HCS SB  132(STA), as amended, was  held over with the  motion to                                                               
adopt Amendment 3 left pending.]                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The House Judiciary Standing Committee  was recessed at 2:41 p.m.                                                               
to a call of the chair.  [The meeting was never reconvened.]                                                                    

Document Name Date/Time Subjects