Legislature(2009 - 2010)CAPITOL 120
03/27/2009 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Commission on Judicial Council | |
| HB141 | |
| HB139 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 141 | TELECONFERENCED | |
| + | HB 139 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 27, 2009
1:03 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Nancy Dahlstrom, Vice Chair
Representative John Coghill
Representative Bob Lynn
Representative Max Gruenberg
MEMBERS ABSENT
Representative Carl Gatto
Representative Lindsey Holmes
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Commission on Judicial Council
James Christopher Brown - Anchorage
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 141
"An Act relating to the Interstate Compact for Juveniles;
relating to the State Council for Interstate Adult and Juvenile
Offender Supervision; amending Rules 4 and 24(b), Alaska Rules
of Civil Procedure; and providing for an effective date."
- MOVED HB 141 OUT OF COMMITTEE
HOUSE BILL NO. 139
"An Act providing for an exception to allow drivers of public
utility motor vehicles to operate those vehicles with certain
screen devices operating and visible to the drivers."
- MOVED HB 139 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 141
SHORT TITLE: COMPACT FOR JUVENILES; INTERSTATE COUNCIL
SPONSOR(S): REPRESENTATIVE(S) COGHILL
02/23/09 (H) READ THE FIRST TIME - REFERRALS
02/23/09 (H) HSS, JUD
03/17/09 (H) HSS AT 3:00 PM CAPITOL 106
03/17/09 (H) Moved Out of Committee
03/17/09 (H) MINUTE(HSS)
03/23/09 (H) HSS RPT 4DP 3NR
03/23/09 (H) DP: COGHILL, SEATON, CISSNA, KELLER
03/23/09 (H) NR: HOLMES, LYNN, HERRON
03/23/09 (H) FIN REFERRAL ADDED AFTER JUD
03/27/09 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 139
SHORT TITLE: ALLOW SCREEN DEVICES IN UTILITY VEHICLES
SPONSOR(S): REPRESENTATIVE(S) GATTO
02/18/09 (H) READ THE FIRST TIME - REFERRALS
02/18/09 (H) STA, JUD
03/10/09 (H) STA AT 8:00 AM CAPITOL 106
03/10/09 (H) Moved Out of Committee
03/10/09 (H) MINUTE(STA)
03/12/09 (H) STA RPT 4DP 1NR
03/12/09 (H) DP: SEATON, GRUENBERG, PETERSEN, LYNN
03/12/09 (H) NR: JOHNSON
03/27/09 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
JAMES CHRISTOPHER BROWN, Appointee
Commission on Judicial Conduct (CJC)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct (CJC).
AMANDA MORTENSEN, Intern
Representative John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 141 on behalf of the sponsor,
Representative Coghill.
BARBARA MURRAY, Deputy Compact Administrator
Interstate Compact on Juveniles (ICJ)
Division of Juvenile Justice (DJJ)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 141.
CAROL A. BRENCKLE, Attorney at Law;
Chair
Alaska Juvenile Justice Advisory Committee (AJJAC)
Division of Juvenile Justice (DJJ)
Department of Health and Social Services (DHSS)
Kenai, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 141, and urged adoption of its compact.
CURTIS W. THAYER, Director
Corporate and External Affairs
ENSTAR Natural Gas Company ("ENSTAR")
Anchorage, Alaska
POSITION STATEMENT: Testified in Support of HB 139.
ACTION NARRATIVE
1:03:50 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:03 p.m. Representatives Ramras, Coghill,
Lynn, and Dahlstrom were present at the call to order.
Representative Gruenberg arrived as the meeting was in progress.
^CONFIRMATION HEARING(S)
^Commission on Judicial Council
1:04:08 PM
CHAIR RAMRAS announced that the committee would first consider
the appointment of James Christopher Brown to the Commission on
Judicial Conduct (CJC).
1:04:36 PM
JAMES CHRISTOPHER BROWN, Appointee, Commission on Judicial
Conduct (CJC), after relaying that he has been in Alaska five
years, said he is interested in serving the state and is
interested in the CJC in particular, adding that he is looking
forward to both helping citizens seeking redress against
judges/justices in particular situations, and creating an
environment in which judges and justices feel free to do their
jobs with the protection afforded by the CJC. In response to
questions, he relayed that he serves on the board of directors
and as treasurer of the Alaska Family Council; that he was not
affiliated with any such similar group prior to moving to
Alaska; that he is not aware of any other members of the Alaska
Family Council seeking positions on either the CJC or the Alaska
Judicial Council (AJC); that aside from serving on the
Department of Administration's (DOA's) Alaska Land Mobile Radio
(ALMR) Advisory Group and applying for a position on the CJC, he
does not now serve on nor has he applied to serve on any other
state boards or commissions; that his involvement with the
Alaska Land Mobile Radio (ALMR) Advisory Group was probably the
result of his professional background in the telecommunications
industry; that he'd been seeking a way to serve the state
further and so chose to apply for a position on the CJC; that he
is interested in creating an environment of fairness within the
CJC; and that he wants to support the CJC's existing system.
MR. BROWN, in response to comments and other questions,
indicated that he would be able to separate his personal agenda
and the Alaska Family Council's agenda from his duties on the
CJC, surmising that doing so would be a requirement of all
members of the CJC in order for the CJC to perform its job, and
relayed that one of the people who'd told him of the opening on
the CJC was a fellow member of the Alaska Family Council. In
response to further questions, he offered his belief that the
issue of judicial activism is not germane to the CJC, and that
the concepts of separation of powers and properly supporting the
roles of the various branches of government are important ones.
1:14:38 PM
REPRESENTATIVE GRUENBERG asked Mr. Brown whether he believes a
judge should be disciplined for ruling in what he termed "a
judicially-activist manner."
MR. BROWN said he doesn't believe that he would be in a good
position to do such a thing, and surmised that no member of the
CJC would be asked to make such a ruling either. He offered his
belief that members of the CJC are expected to deal solely with
the conduct of judges and justices, regardless that doing so
might be a challenge, and assured the committee that he would be
up to such a challenge. In response to further comments and
questions, he indicated he would be willing to take on the risk
of being sued for appropriately carrying out the duties of the
AJC, even if doing so represented a potential conflict of
interest between his duties on the CJC and his personal beliefs.
REPRESENTATIVE GRUENBERG remarked that Mr. Brown sounds very
well-qualified [to serve on the CJC].
REPRESENTATIVE DAHLSTROM thanked Mr. Brown for serving on the
ALMR Advisory Group, and shared her belief that he would be an
outstanding member of the CJC.
1:19:33 PM
REPRESENTATIVE DAHLSTROM made a motion to advance from committee
the nomination of James Christopher Brown to the Commission on
Judicial Conduct.
REPRESENTATIVE GRUENBERG objected for the purpose of discussion,
and said he didn't want any of his comments or questions to be
construed as casting aspersions on either Mr. Brown or the
Alaska Family Council, adding, "I think he is of the highest
quality." He then removed his objection.
CHAIR RAMRAS asked whether there were any further objections to
the motion. There being none, the confirmation was advanced
from the House Judiciary Standing Committee.
HB 141 - COMPACT FOR JUVENILES; INTERSTATE COUNCIL
1:20:59 PM
CHAIR RAMRAS announced that the next order of business would be
HOUSE BILL NO. 141, "An Act relating to the Interstate Compact
for Juveniles; relating to the State Council for Interstate
Adult and Juvenile Offender Supervision; amending Rules 4 and
24(b), Alaska Rules of Civil Procedure; and providing for an
effective date."
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]
1:21:28 PM
AMANDA MORTENSEN, Intern, Representative John Coghill, Alaska
State Legislature, on behalf of the sponsor, Representative
Coghill, and by way of presenting HB 141, paraphrased from the
sponsor statement, which read [original punctuation provided]:
This bill would enact the new Interstate Compact for
Juveniles into law. This would replace the old
compact which was created in 1955. The purpose of the
Compact is to ensure the supervision of juvenile
offenders and the return of runaways, escapees and
absconders. The Compact provides the procedural means
to regulate the movement of juveniles who are under
court supervision across state lines. The Association
of Compact Administrators estimates that the
Interstate Compact on Juveniles is used in 20,000 to
30,000 transfer and supervision cases annually.
The new Compact ensures that all states will have
identical language in their statutes which would help
with compliance issues. The new Compact provides
procedures for enforcement which the old Compact
lacked. The Interstate Compact for Juveniles also
provides for the collection of standardized
information and information sharing systems.
This is a chance for the states to have the means to
deal with state problems and enforce state solutions
without having any federal intervention. 35 states
have already passed this compact. If Alaska chooses
not to enact this Compact the state would have to deal
with every other state on a case-by-case basis which
would cost the state more money than it would cost to
implement the Compact.
The compact provides for the safety of the juvenile
offender and the state as a whole. The importance of
this compact cannot be overstated. This legislation
is necessary to ensure the public safety and security
of Alaskans. It will help ensure that Alaska receives
notification about juveniles who are relocated or
traveling to Alaska before they arrive here, and will
expedite Alaska's ability to send juveniles from here
to other jurisdictions.
1:23:46 PM
BARBARA MURRAY, Deputy Compact Administrator, Interstate Compact
on Juveniles (ICJ), Division of Juvenile Justice (DJJ),
Department of Health and Social Services (DHSS), in response to
questions and comments, clarified that the new ICJ went into
effect August 2008 - when the 35th state "signed on" - and
agreed to research when that ICJ was presented to [those
states].
REPRESENTATIVE COGHILL, speaking as the sponsor of HB 141,
indicated that the methodology used for placing juveniles in
state custody has been changing, and surmised that a compact
could best address any resulting issues. He said he favors
compacts, indicating that he prefers that approach as opposed to
just waiting until the federal government mandates what the
state shall do. He assured the committee that joining the ICJ
will not result in the state's authority being diminished;
rather, the state is simply delegating its authority to those
representing the state in the ICJ's commission.
MS. MORTENSEN noted that members' packets include a list of
those states that have signed on so far, with the first states
having done so in 2003. She offered her understanding that the
concept of the new ICJ was brought forth in 2000, with the new
ICJ itself materializing in 2002.
MS. MURRAY, in response to a question, said that the commission
created by the ICJ had its first meeting in December of 2008,
and is now in the process of developing rules, regulations, and
processes for administering the ICJ.
1:29:22 PM
CAROL A. BRENCKLE, Attorney at Law; Chair, Alaska Juvenile
Justice Advisory Committee (AJJAC), Division of Juvenile Justice
(DJJ), Department of Health and Social Services (DHSS), relayed
that members of the AJJAC are appointed by the governor, and
that the AJJAC provides advice regarding the implementation of
the federal Juvenile Justice and Delinquency Prevention (JJDP)
Act of 1974 within Alaska, and makes annual recommendations to
the governor and legislature regarding juvenile justice issues.
The AJJAC, for a number of years, has been following the
implementation of the ICJ and discussing its application in
Alaska. Other states either have adopted the ICJ or are in the
process of doing so, and unless Alaska does so as well, Alaska
will be forced to enter into a memorandum of understanding (MOU)
with each state before accepting a child from it or sending a
child to it.
MS. BRENCKLE said she's handled a number of delinquency cases
over the years, and has dealt with a number of children whose
parents relocated, thus requiring that "the probation" be
transferred as well. Although interstate compacts might appear
to be cumbersome, they facilitate the transfer of such children
and do so safely; it is therefore important for Alaska to adopt
the new ICJ in order to ensure that juveniles moving across
state lines are tracked and supervised. Alaska, she relayed, is
at the forefront of developing data that will be incorporated
into the ICJ, and surmised that Alaska is prepared to play an
active role in the development of the ICJ's rules and
procedures. She therefore urged adoption of the ICJ so that
Alaska could be part of that process and not be left simply
reacting to rules and procedures developed by other states.
MS. BRENCKLE noted that at its meeting in March in Juneau, the
AJJAC discussed the ICJ, and voted to support HB 141. She added
that the AJJAC will be continuing its involvement with the
"juvenile justice process," and is glad to be a part of Alaska's
process.
VICE CHAIR DALSTROM ascertained that no one else wished to
testify on HB 141.
REPRESENTATIVE GRUENBERG asked whether other states have
substantially amended their versions of the ICJ.
MS. MURRAY said she would research that issue and get the
resulting information to the committee.
VICE CHAIR DAHLSTROM asked that that resulting information also
be provided to the bill's next committee of referral, the House
Finance Committee. She then closed public testimony on HB 141.
1:37:07 PM
CHAIR RAMRAS moved to report HB 141 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 141 was reported from the House
Judiciary Standing Committee.
The committee took an at-ease from 1:37 p.m. to 1:39 p.m.
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]
HB 139 - ALLOW SCREEN DEVICES IN UTILITY VEHICLES
1:39:11 PM
CHAIR RAMRAS announced that the final order of business would be
HOUSE BILL NO. 139, "An Act providing for an exception to allow
drivers of public utility motor vehicles to operate those
vehicles with certain screen devices operating and visible to
the drivers."
REPRESENTATIVE GRUENBERG - speaking as a co-sponsor of HB 139
and as one of the joint prime sponsors of House Bill 88, which
passed the legislature in 2008 and prohibited the use of certain
screen devices by drivers of moving vehicles - characterized
HB 139 as a "fix it bill" intended to address a problem with
House Bill 88; when House Bill 88 passed, its sponsors were
unaware that utility companies have screen devices in their
vehicles for purposes of providing their employees with job-
related information. The intent of HB 139 is to include the use
of such devices by utility companies in the list of exceptions
currently provided for in AS 28.35.161(c). He noted that HB 139
was introduced at the request of the utility companies, and that
Chugach Electric Association has submitted a letter regarding HB
139. In conclusion, he expressed his hope that the committee
would pass HB 139.
REPRESENTATIVE GRUENBERG, in response to a question, said it
would still be a crime for a utility company employee to watch
movies, for example, while driving. Under HB 139, the proposed
exception would only apply to those screen devices displaying
information for use in performing utility construction,
maintenance, or repair, or for data acquisition by a public
utility.
REPRESENTATIVE DAHLSTROM characterized HB 139 as a good piece of
legislation.
1:44:21 PM
CURTIS W. THAYER, Director, Corporate and External Affairs,
ENSTAR Natural Gas Company ("ENSTAR"), said that ENSTAR supports
HB 139, and offered his understanding that several other utility
companies support the bill as well. He indicated that the
screen devices that the bill is meant to address are both
proprietary and provide proprietary information. In response to
questions, he said that if an employee were to alter a company
vehicle so as to be able to watch movies, for example, while
driving, in addition to being illegal under current law, it
would result in severe disciplinary action and could result in
the employee's dismissal.
REPRESENTATIVE GRUENBERG reiterated that such behavior would be
illegal under current law.
CHAIR RAMRAS, after ascertaining that no one else wished to
testify, closed public testimony on HB 139.
1:49:53 PM
REPRESENTATIVE DAHLSTROM moved to report HB 139 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 139 was reported from the
House Judiciary Standing Committee.
1:50:15 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:50 p.m.
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