Legislature(2009 - 2010)CAPITOL 120

03/29/2010 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 348 PERSONNEL BOARD MEMBERSHIP TELECONFERENCED
Moved CSHB 348(JUD) Out of Committee
+= HB 381 SELF DEFENSE TELECONFERENCED
Moved CSHB 381(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 29, 2010                                                                                         
                           1:09 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Carl Gatto                                                                                                       
Representative Bob Herron                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 381                                                                                                              
"An Act relating to self defense."                                                                                              
                                                                                                                                
     - MOVED CSHB 381(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 348                                                                                                              
"An Act relating to the membership of the state personnel                                                                       
board."                                                                                                                         
                                                                                                                                
     - MOVED CSHB 348(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 381                                                                                                                  
SHORT TITLE: SELF DEFENSE                                                                                                       
SPONSOR(S): REPRESENTATIVE(S) NEUMAN                                                                                            
                                                                                                                                
02/23/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/23/10       (H)       JUD, FIN                                                                                               
03/15/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/15/10       (H)       Heard & Held                                                                                           
03/15/10       (H)       MINUTE(JUD)                                                                                            
03/29/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 348                                                                                                                  
SHORT TITLE: PERSONNEL BOARD MEMBERSHIP                                                                                         
SPONSOR(S): REPRESENTATIVE(S) LYNN                                                                                              
                                                                                                                                
02/17/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/17/10       (H)       STA, JUD                                                                                               
03/11/10       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/11/10       (H)       Heard & Held                                                                                           
03/11/10       (H)       MINUTE(STA)                                                                                            
03/16/10       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/16/10       (H)       Moved CSHB 348(STA) Out of Committee                                                                   
03/16/10       (H)       MINUTE(STA)                                                                                            
03/17/10       (H)       STA RPT CS(STA) 3DP 1NR 2AM                                                                            
03/17/10       (H)       DP: PETERSEN, SEATON, LYNN                                                                             
03/17/10       (H)       NR: GATTO                                                                                              
03/17/10       (H)       AM: GRUENBERG, P.WILSON                                                                                
03/29/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JIM ELLIS, Staff                                                                                                                
to Representative Mark Neuman                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 381, Version E, for the bill                                                                
sponsor, Representative Neuman.                                                                                                 
                                                                                                                                
REPRESENTATIVE MARK NEUMAN                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions, as the                                                                 
sponsor of HB 381.                                                                                                              
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section                                                                                                          
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions during                                                                  
discussion of HB 381.                                                                                                           
                                                                                                                                
BRIAN JUDY, Senior State Liaison                                                                                                
National Rifle Association - Institute for Legislative Action                                                                   
(NRA-ILA)                                                                                                                       
Sacramento, California                                                                                                          
POSITION STATEMENT:  Testified during discussion of HB 381.                                                                   
                                                                                                                                
MIKE SICA, Staff                                                                                                                
to Representative Bob Lynn                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Presented HB  348  on behalf  of the  bill                                                             
sponsor, Representative Lynn, and responded to questions.                                                                       
                                                                                                                                
JUDY BOCKMON, Assistant Attorney General, State Ethics Attorney                                                                 
Opinions, Appeals, & Ethics                                                                                                     
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
POSITION  STATEMENT:   Testified  and  answered questions  during                                                             
discussion of HB 348.                                                                                                           
                                                                                                                                
DOUG WOOLIVER, Administrative Attorney                                                                                          
Administrative Staff                                                                                                            
Central Office                                                                                                                  
Office of the Administrative Director                                                                                           
Alaska Court System (ACS)                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  and  answered questions  during                                                             
testimony on HB 348.                                                                                                            
                                                                                                                                
MIKE FORD, Assistant Attorney General & Legislative Liaison                                                                     
Legislation & Regulations Section                                                                                               
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  and  answered questions  during                                                             
discussion of HB 348.                                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:09:38 PM                                                                                                                    
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting to  order at 1:09  p.m.  Representatives  Ramras, Herron,                                                               
Gatto,   and  Lynn   were   present  at   the   call  to   order.                                                               
Representatives Gruenberg  and Holmes arrived as  the meeting was                                                               
in progress.                                                                                                                    
                                                                                                                                
                     HB 381 - SELF DEFENSE                                                                                  
                                                                                                                                
1:09:45 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE BILL NO. 381, "An Act relating to self defense."                                                                          
                                                                                                                                
1:10:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  moved  to  adopt  the  proposed  committee                                                               
substitute (CS)  for HB 381, 26-LS1534\E,  Luckhaupt, 3/23/10, as                                                               
the working document.                                                                                                           
                                                                                                                                
There being no objection, Version E was before the committee.                                                                   
                                                                                                                                
CHAIR RAMRAS pointed  out that Version E was  a truncated version                                                               
of the original bill, but it will still benefit from discussion.                                                                
                                                                                                                                
1:10:55 PM                                                                                                                    
                                                                                                                                
JIM  ELLIS, Staff  to Representative  Mark  Neuman, Alaska  State                                                               
Legislature,  explained that  Version  E  addresses the  concerns                                                               
which arose  for the original bill.   He noted that  Version E is                                                               
limited to one topic.                                                                                                           
                                                                                                                                
1:11:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  questioned  whether the  term,  "complete                                                               
safety" as used on page 1, line 5, will be statutorily defined.                                                                 
                                                                                                                                
MR.  ELLIS,  in  response  to  a  question,  explained  that  the                                                               
original bill contained  a section for a proposed  addition to AS                                                               
11.81,  which discussed  prima facie  evidence.   He pointed  out                                                               
that this proposed section is removed from Version E.                                                                           
                                                                                                                                
REPRESENTATIVE  GATTO, pointing  to Version  E, page  2, line  3,                                                               
asked  if paragraphs  (1), (2),  (3), and  (4) were  necessary in                                                               
light of (5).                                                                                                                   
                                                                                                                                
MR. ELLIS replied  that he was not sure, and  that there could be                                                               
some  duplication.   He  explained  that  it  was easier  to  add                                                               
paragraph (5).                                                                                                                  
                                                                                                                                
CHAIR  RAMRAS, expressing  his fascination  with  the meaning  of                                                               
different words, asked for the meaning  of "or in any place where                                                               
the person has a right to be."                                                                                                  
                                                                                                                                
MR.  ELLIS  offered his  belief  that  this  is any  place  where                                                               
someone is not trespassing.                                                                                                     
                                                                                                                                
1:16:52 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS,  reading Section  1, echoed  Representative Gatto's                                                               
question for the need of paragraphs (1)-(4).                                                                                    
                                                                                                                                
MR.  ELLIS agreed  that  paragraph (5)  would  include the  other                                                               
paragraphs.                                                                                                                     
                                                                                                                                
1:19:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MARK  NEUMAN,   Alaska  State   Legislature,  in                                                               
response to Chair Ramras, explained  that paragraph (1) refers to                                                               
premises that a person owns, leases,  or resides in.  He declared                                                               
that paragraph  (5) was added  to allow an individual  to protect                                                               
themselves in a place where they have a legal right to be.                                                                      
                                                                                                                                
CHAIR RAMRAS  asked how paragraph  (5) expands the  rights beyond                                                               
the prior four paragraphs.                                                                                                      
                                                                                                                                
REPRESENTATIVE  NEUMAN named  the  places a  person  could be  as                                                               
described in paragraph  (1), and noted that this  also included a                                                               
member of  the person's family,  as noted  in paragraph (4).   He                                                               
opined that  paragraph (5) expands  the current definition  for a                                                               
"place  where you  have  a right  to  be to  be  able to  protect                                                               
yourself or  your family."   He relayed that  earlier discussions                                                               
with the Department of Law  (DOL), the National Rifle Association                                                               
(NRA), and  his staff  had revolved around  the "razor's  edge on                                                               
where you fall on rights."   Under the bill, there would still be                                                               
a  determination  of   whether  the  use  of   deadly  force  was                                                               
justified.  He suggested that this would prevent vigilantism.                                                                   
                                                                                                                                
1:24:49 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section,   Criminal   Division,    Department   of   Law   (DOL),                                                               
acknowledged  that   Version  E  addresses  many   of  the  DOL's                                                               
concerns, but she pointed out that  it does not include the "duty                                                               
to retreat,"  which is required  in Alaska if  it can be  done in                                                               
complete  safety.   In Alaska,  self defense  is a  valid defense                                                               
only  if it  can be  proven beyond  a reasonable  doubt that  you                                                               
could  not  retreat in  complete  safety.    In response  to  the                                                               
question from  Representative Gatto, DOL offered  its belief that                                                               
paragraph (5) eliminates the need for  paragraphs (1) - (4).  She                                                               
explained that these  were places that an individual  has a right                                                               
to be,  so it  is not necessary  to list them.   She  pointed out                                                               
that Alaska statutes do not define the term "complete safety".                                                                  
                                                                                                                                
MS. CARPENETI, in response to  Chair Ramras, stated that although                                                               
Version  E  is better  than  the  original  bill, DOL  still  has                                                               
concerns.  She  agreed with Chair Ramras that Version  E "makes a                                                               
bad bill, better."                                                                                                              
                                                                                                                                
1:26:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  asked Ms.  Carpeneti  to  comment on  the                                                               
title of the bill.                                                                                                              
                                                                                                                                
MS. CARPENETI said that juries  will evaluate whether a person is                                                               
justified.   She explained  that the use  of deadly  force raises                                                               
the question of whether the person had the duty to retreat.                                                                     
                                                                                                                                
1:27:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO asked  for examples of places  that a person                                                               
had no  legal right  to be.   He  asked if  a sign  declaring "No                                                               
Trespassing" constituted such a place.                                                                                          
                                                                                                                                
[CHAIR RAMRAS passed the gavel to Representative Herron.]                                                                       
                                                                                                                                
MS. CARPENETI agreed.                                                                                                           
                                                                                                                                
REPRESENTATIVE GATTO asked if his  house or his property would be                                                               
included.                                                                                                                       
                                                                                                                                
MS.  CARPENETI,  in  response,  said  that  his  house  would  be                                                               
protected, but that  it would depend on whether  his property was                                                               
clearly marked.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GATTO asked  about a  paved driveway  off a  dirt                                                               
road, which was  the only pavement for a mile,  and went directly                                                               
to his house.                                                                                                                   
                                                                                                                                
[Representative Herron returned the gavel to Chair Ramras.]                                                                     
                                                                                                                                
MS.  CARPENETI  replied that  all  of  these instances  would  be                                                               
"factually based."                                                                                                              
                                                                                                                                
REPRESENTATIVE  GATTO  expressed  concern about  determining  the                                                               
boundaries of  someone's unmarked  property, which could  lead to                                                               
an accidental trespass.                                                                                                         
                                                                                                                                
[CHAIR RAMRAS passed the gavel to Representative Herron.]                                                                       
                                                                                                                                
1:30:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GATTO   expressed  concern   about   unknowingly                                                               
trespassing onto unmarked private property.                                                                                     
                                                                                                                                
1:31:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG referred  to AS  11.46.350(b)-(c) which                                                               
addresses criminal trespass.  He  noted that criminal trespass in                                                               
the first degree  is defined as entering  or remaining unlawfully                                                               
with the  intent to commit  a crime, a  Class A misdemeanor.   He                                                               
defined  criminal trespass  in the  second  degree as  a Class  B                                                               
misdemeanor.     He  pointed  out  that   entering  or  remaining                                                               
unlawfully is defined in the  statute.  He further explained that                                                               
a person entering  land, without intent to commit  a crime, which                                                               
is unused,  unimproved, and  not enclosed,  is "privileged  to do                                                               
so,   unless  there   is  notice   against  trespass   personally                                                               
communicated to  that person  by the  owner of  the land  or some                                                               
other authorized person."                                                                                                       
                                                                                                                                
The committee took an at-ease from 1:34 p.m. to 1:35 p.m.                                                                       
                                                                                                                                
1:35:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if being  on a paved road could be                                                               
trespassing.                                                                                                                    
                                                                                                                                
MS.  CARPENETI, in  response, said  that it  would depend  on the                                                               
circumstances.   The  road would  have to  be marked  as private.                                                               
She agreed that a mailbox would  indicate that it is private, but                                                               
it would still depend on the circumstances.                                                                                     
                                                                                                                                
1:36:22 PM                                                                                                                    
                                                                                                                                
MS. CARPENETI, in response to  Representative Lynn, declared that                                                               
any person  who is  invited in, including  service people,  has a                                                               
right to be there.                                                                                                              
                                                                                                                                
REPRESENTATIVE LYNN  asked about  people entering to  retrieve an                                                               
object, such as a ball or a model airplane.                                                                                     
                                                                                                                                
MS. CARPENETI replied that it would depend on the circumstances.                                                                
                                                                                                                                
1:38:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES,  referring to  the DOL letter  dated March                                                               
15,  2010  [Included  in  the members'  packets],  asked  if  DOL                                                               
maintained its objection.  She  read from the second paragraph on                                                               
page  one:   "...if  person A  could avoid  killing  person B  by                                                               
walking away,  he/she would no longer  be required to do  so, but                                                               
instead would be authorized by law  to kill person B."  She asked                                                               
if this would also now apply with Version E.                                                                                    
                                                                                                                                
MS. CARPENETI replied that it is correct.                                                                                       
                                                                                                                                
REPRESENTATIVE HOLMES read from page  three, paragraph two:  "The                                                               
proposed  subsection...  would  almost completely  eliminate  the                                                               
duty to  retreat." and  she asked  if this was  also still  a DOL                                                               
concern of Version E.                                                                                                           
                                                                                                                                
MS. CARPENETI replied that it was still a concern.                                                                              
                                                                                                                                
REPRESENTATIVE HERRON,  referring to Version  E, page 2,  line 3,                                                               
asked if this was a re-write from the original bill.                                                                            
                                                                                                                                
1:40:16 PM                                                                                                                    
                                                                                                                                
MS.  CARPENETI  explained  that  Version  E  merely  changes  the                                                               
numbering of the paragraphs.                                                                                                    
                                                                                                                                
1:40:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked whether  there had been discussion                                                               
with the  bill sponsor for inserting  "that you only have  a duty                                                               
to retreat when you  know you can safely do so."   He opined that                                                               
this was the basic principle of the common law.                                                                                 
                                                                                                                                
MS. CARPENETI replied  that this was already included  on page 1,                                                               
lines 4-7, of Version E.                                                                                                        
                                                                                                                                
MS.  CARPENETI, in  response  to  Representative Gruenberg,  said                                                               
that DOL did  discuss with the bill sponsor the  "burden of going                                                               
forward and the burden of proof."                                                                                               
                                                                                                                                
MS. CARPENETI,  in response  to Representative  Gruenberg, stated                                                               
that  the  duty  of  presenting  evidence  of  self  defense  was                                                               
discussed in general terms.                                                                                                     
                                                                                                                                
1:43:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested a statement that  "the burden                                                               
to  disprove  the   defense  is  on  the   prosecution  beyond  a                                                               
reasonable doubt." He stated further  that "all the defendant has                                                               
to do  is put in some  evidence, enough to raise  the issue, like                                                               
to say, 'gee,  I thought he was  gonna go after me'  and then the                                                               
duty to  disprove it, to show  that didn't occur, is  back on the                                                               
prosecution  and it's  the highest  burden in  the law,  beyond a                                                               
reasonable doubt."                                                                                                              
                                                                                                                                
1:44:09 PM                                                                                                                    
                                                                                                                                
MR. ELLIS replied that he would  speak with the bill sponsor.  He                                                               
offered  his understanding  that,  for this  defense, the  burden                                                               
shifts to the prosecutors to prove beyond a reasonable doubt.                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  agreed,  and suggested  that  this  be                                                               
written into  Version E.   In response to  Representative Herron,                                                               
he explained that this is a  convoluted area of law, which is not                                                               
clarified in Version E.  He  suggested that making this change in                                                               
Version E could better clarify the law.                                                                                         
                                                                                                                                
1:46:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  expressed her concern with  gang violence.                                                               
She offered her  belief that Version E would extend  the "no duty                                                               
to retreat" to public places such  as malls and parks.  She asked                                                               
if this might unwittingly legalize gang violence.                                                                               
                                                                                                                                
MS.  CARPENETI agreed  that DOL  also shared  this concern.   She                                                               
said  that the  burden of  "beyond a  reasonable doubt"  could be                                                               
difficult to  prove for either side.   In response to  a question                                                               
from Representative  Gatto, she explained that  for this defense,                                                               
the prosecution has the burden  of disproving beyond a reasonable                                                               
doubt, as defined in the justification section of Title 11.                                                                     
                                                                                                                                
MS. CARPENETI, in response to  Representative Gatto, said that it                                                               
would be unusual  to have this written in two  places in the law,                                                               
as it could lead to confusion.                                                                                                  
                                                                                                                                
1:48:58 PM                                                                                                                    
                                                                                                                                
BRIAN JUDY,  Senior State Liaison,  National Rifle  Association -                                                               
Institute for  Legislative Action  (NRA-ILA), offered  his belief                                                               
that the intent of the bill is  to allow a person to kill someone                                                               
who  criminally  threatens  him/her.    He  said  there  are  two                                                               
questions  to  answer  when  someone  is  criminally  threatened:                                                               
first, is  there justification for  deadly force; and  second, is                                                               
there the  possibility for retreat  in complete safety.   The NRA                                                               
believes  that  no one  should  have  to  be burdened  with  this                                                               
determination if  they are  in a  lawful place.   He  agreed that                                                               
there may  still be a  need to justify  their action.   He opined                                                               
that Version  E merely removed  the duty  to retreat.   He opined                                                               
that  gang   violence  was  an  issue   where  justification  was                                                               
necessary.   He stated that  NRA just  wanted to protect  the law                                                               
abiding citizen.                                                                                                                
                                                                                                                                
REPRESENTATIVE HERRON declared  that HB 381 [Version  E] would be                                                               
set aside until later in the meeting.                                                                                           
                                                                                                                                
              HB 348 - PERSONNEL BOARD MEMBERSHIP                                                                           
                                                                                                                                
1:52:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  announced that the next  order of business                                                               
would be HOUSE  BILL NO. 348, "An Act relating  to the membership                                                               
of the  state personnel board."   [Before the committee  was CSHB
348(STA), 26-LS1360\E.]                                                                                                         
                                                                                                                                
1:52:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN,  speaking as the sponsor,  explained that HB
348 would increase  the range of representation  to the personnel                                                               
board allowing  for greater independence.   He noted that  HB 348                                                               
would increase  the personnel board  membership to  five members,                                                               
which:                                                                                                                          
                                                                                                                                
     allows  the governor  to make  an  appointment from  at                                                                    
     least three  people nominated by  the chief  justice of                                                                    
     the Alaska Supreme  Court, subject to the  right of the                                                                    
     governor  to request  additional  recommendations.   It                                                                    
     also ensures the board has  at least one member of each                                                                    
     of  the two  parties that  got  the most  votes in  the                                                                    
     previous election.                                                                                                         
                                                                                                                                
He opined  that the current  board representation allows  for the                                                               
public perception that  it is "a creature of  the governor rather                                                               
than a  totally independent body  when it comes  to investigating                                                               
executive branch ethics complaints."   He stated that the purpose                                                               
of the  bill was to create  a better foundation of  trust between                                                               
the public and elected officials.                                                                                               
                                                                                                                                
1:55:17 PM                                                                                                                    
                                                                                                                                
MIKE  SICA,  Staff  to  Representative  Bob  Lynn,  Alaska  State                                                               
Legislature, explained that HB 348  increased the personnel board                                                               
membership  from   three  to  five,   and  it  allowed   for  the                                                               
appointment of  a member from  each of the two  political parties                                                               
receiving the highest number of  votes in the gubernatorial race.                                                               
He  noted  that Section  2  was  just  conforming language.    He                                                               
pointed out  that the two changes  in CSHB 348 (STA),  Version E,                                                               
were in  Section 3:  page  2, line 14 adds  "political" after the                                                               
word "or"; and  page 2, lines 16-18 reflects that  these were now                                                               
reformatted into separate paragraphs (3), (4), and (5).                                                                         
                                                                                                                                
MR. SICA  described this as  a friendly  bill.  He  described the                                                               
personnel board to be very visible,  and of great interest to the                                                               
public.    He  pointed  out  that  public  policy  questions  are                                                               
discussed at the board meetings.   He read the description of the                                                               
personnel  board:  "the  personnel  board, also  created  by  the                                                               
Personnel  Act,  is an  independent  agency  composed of  members                                                               
appointed by the governor."  He  stated a desire for the board to                                                               
maintain its independence.                                                                                                      
                                                                                                                                
1:59:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO,  referring to Version  E, page 1,  line 15,                                                               
asked if  the language "until  a successor is  confirmed" allowed                                                               
the governor an  opportunity to control the board  for many years                                                               
simply by not submitting any names for confirmation.                                                                            
                                                                                                                                
MR. SICA offered his understanding  that language was included to                                                               
allow for interim appointments.                                                                                                 
                                                                                                                                
1:59:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO mentioned  the  possibility for  unintended                                                               
consequences.  He  questioned whether the bill  should be amended                                                               
to ensure  that the governor would  not be able to  exercise this                                                               
power.                                                                                                                          
                                                                                                                                
2:01:09 PM                                                                                                                    
                                                                                                                                
JUDY BOCKMON, Assistant Attorney  General, State Ethics Attorney,                                                               
Opinions,  Appeals, &  Ethics, Civil  Division (Anchorage),  also                                                               
expressed concern for unintended consequences.                                                                                  
                                                                                                                                
[Representative Herron returned the gavel to Chair Ramras.]                                                                     
                                                                                                                                
MS. BOCKMON expressed  concern for the scope  of the restrictions                                                               
in  Section  3.    She  pointed out  that  Section  3  adds  some                                                               
prohibitions  and restrictions  on  conduct  for campaigning  and                                                               
lobbying,  which  includes employees  of  the  board and  persons                                                               
under contract.   She asked whether the intention of  the bill is                                                               
to impose these  restrictions uniquely on employees  hired by the                                                               
board or would  these restrictions also be  imposed on Department                                                               
of Administration  (DOA) employees  working in the  [Division] of                                                               
Personnel.  She questioned how  these would relate to the "rights                                                               
and  responsibilities"  listed in  AS  39.25.178.   Referring  to                                                               
Section  3, she  questioned to  whom the  persons under  contract                                                               
specifically  referred,  and  if  the  restrictions  were  on  an                                                               
individual or also the business.                                                                                                
                                                                                                                                
MS.  BOCKMON directed  attention  to  the specific  restrictions,                                                               
which she  opined are placed  on the members, not  the employees.                                                               
She questioned  whether the restrictions  make sense  for members                                                               
of the  personnel board.  She  asked whether the intention  is to                                                               
restrict the  voluntary board members  from any  lobbying efforts                                                               
on behalf of  their personal businesses.  She  asked to determine                                                               
the scope of  the restrictions before imposing them.   She opined                                                               
that the workload of the board would demand more members.                                                                       
                                                                                                                                
2:08:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GATTO  agreed   with  the   distinction  between                                                               
employees of  the board and  persons under contract.   He offered                                                               
his belief  that "we  don't intend to  eliminate those  people as                                                               
people who might have a special interest."                                                                                      
                                                                                                                                
MS.  BOCKMON clarified  that  the  concern is  for  the scope  of                                                               
restrictions  on  an  employee,   and  for  which  employees  are                                                               
specified.  She pointed out  the different types of lobbyists and                                                               
asked if this  threat of restrictions was appropriate  for all of                                                               
them.                                                                                                                           
                                                                                                                                
2:10:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG offered  his understanding that "imputed                                                               
disqualification  for   a  conflict  of  interest"   would  often                                                               
disqualify all members of the law firm.                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested a conceptual amendment,  as a                                                               
solution, which he stated:                                                                                                      
                                                                                                                                
     Page 2, lines 8-9, following "board members"                                                                               
          Delete "and board employees and contractors"                                                                          
                                                                                                                                
     Page 2, lines 9-10, following "personnel board"                                                                            
         Delete "an employee of the board, or a person                                                                          
       under contract to provide personal services to the                                                                       
     board"                                                                                                                     
                                                                                                                                
     Page 2, lines 11-12                                                                                                        
        Delete "or employment or during the term of the                                                                         
     person's contract"                                                                                                         
                                                                                                                                
                                                                                                                                
2:12:43 PM                                                                                                                    
                                                                                                                                
MS. BOCKMON agreed  that either the employees  or the contractors                                                               
should not be  included, or the intent of  the restrictions needs                                                               
to be clarified.                                                                                                                
                                                                                                                                
2:13:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO,  referring to Version  E, page 2,  line 11,                                                               
expressed his difficulty in  understanding the difference between                                                               
a  "person"  and  an  earlier  reference  to  a  "member  of  the                                                               
personnel board"  and the associated  restrictions.  He  asked if                                                               
the proposed conceptual amendment would clarify this.                                                                           
                                                                                                                                
2:14:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, directing  attention to  page 2,  line                                                               
11, suggested deleting "person's" and adding "member's".                                                                        
                                                                                                                                
CHAIR  RAMRAS expressed  his desire  to hear  testimony prior  to                                                               
discussion of any amendments.                                                                                                   
                                                                                                                                
2:15:11 PM                                                                                                                    
                                                                                                                                
DOUG  WOOLIVER,  Administrative Attorney,  Administrative  Staff,                                                               
Central  Office, Office  of the  Administrative Director,  Alaska                                                               
Court  System  (ACS),  explained   the  differences  between  the                                                               
personnel board  and the  ethics committee.   He stated  that ACS                                                               
did  not want  a  role  in the  personnel  management of  another                                                               
branch.                                                                                                                         
                                                                                                                                
2:16:32 PM                                                                                                                    
                                                                                                                                
MIKE  FORD, Assistant  Attorney  General  & Legislative  Liaison,                                                               
Legislation  &  Regulations  Section,  Civil  Division  (Juneau),                                                               
Department of Law  (DOL), directing his comments to  Section 1 of                                                               
the  bill,  pointed  out  the  constitutional  concerns  for  the                                                               
insertion of  the judicial branch  into the  appointment process.                                                               
He  pointed out  that  the Alaska  State  Constitution gives  the                                                               
governor  the  power  to  appoint   the  members  of  boards  and                                                               
commissions.    He reflected  that  DOL  views  Section 1  as  an                                                               
encroachment on those powers.   He referenced Bradner v. Hammond,                                                             
1979, and suggested that expansion of this mechanism would not                                                                  
be viewed favorably.                                                                                                            
                                                                                                                                
2:18:11 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS, after ascertaining that no one else wished to                                                                     
speak, closed public testimony on HB 348.                                                                                       
                                                                                                                                
2:18:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN moved to adopt Amendment 1, labeled 26-                                                                     
LS1360\E.1, Bullard, 3/29/10, which read:                                                                                       
                                                                                                                                
     Page 2, line 9, following "contractors.":                                                                                
          Insert "(a)"                                                                                                          
                                                                                                                                
     Page 2, line 14:                                                                                                           
          Delete ", political committee,"                                                                                       
                                                                                                                                
     Page 2, following line 18:                                                                                                 
          Insert a new subsection to read:                                                                                      
          "(b)  In this section,                                                                                                
               (1)  "political group" has the meaning given                                                                     
     to "group" in AS 15.13.400;                                                                                                
               (2)  "political party" has the meaning given                                                                     
     in AS 15.13.400."                                                                                                          
                                                                                                                                
There being no objections, Amendment 1 was adopted.                                                                             
                                                                                                                                
2:19:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 2, which read                                                                 
[original punctuation provided]:                                                                                                
                                                                                                                                
     Page 1, line 10:                                                                                                           
           Delete "of the candidate for governor who                                                                            
     received the highest number of votes"                                                                                      
           Insert "that has had the highest number of                                                                           
     registered voters"                                                                                                         
                                                                                                                                
     Page 1, lines 11-12:                                                                                                       
           Delete "of the candidate for governor who                                                                            
     received the second highest number of votes"                                                                               
       Insert "that has had the second highest number of                                                                        
     registered voters"                                                                                                         
                                                                                                                                
REPRESENTATIVE GATTO objected for the purpose of discussion.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  relayed that  this same issue  had been                                                               
discussed  in the  House State  Affairs Standing  Committee.   He                                                               
referenced the gubernatorial campaign in  which Mr. Hickel ran as                                                               
an independent,  not as a  member of a  major party.   He pointed                                                               
out that with  the current language of the bill,  this would have                                                               
allowed for  an Independent  and a  Republican Party  member, but                                                               
not a Democratic Party member, to  be nominated to the board.  He                                                               
explained that Amendment  2 would guarantee that  the two largest                                                               
political  parties in  Alaska would  have a  member on  the state                                                               
personnel board.                                                                                                                
                                                                                                                                
REPRESENTATIVE GATTO requested more discussion.                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  offered his belief that  the purpose of                                                               
the bill is  to require a bipartisan membership on  the board and                                                               
ensure membership of the two  major political groups.  He pointed                                                               
out  that  the remaining  members  of  the  board could  be  non-                                                               
partisan.                                                                                                                       
                                                                                                                                
REPRESENTATIVE GATTO removed his objection.                                                                                     
                                                                                                                                
CHAIR  RAMRAS,  noting that  there  were  no further  objections,                                                               
announced that Amendment 2 was adopted.                                                                                         
                                                                                                                                
2:23:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to adopt Amendment  3, which read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     page 2 lines 8-13                                                                                                          
          delete all material                                                                                                   
                                                                                                                                
     and insert                                                                                                                 
          "Sec.39.25.064. Prohibited conduct by board                                                                           
       members.  A member of the personnel board may not,                                                                       
     during the member's term of office,"                                                                                       
                                                                                                                                
CHAIR  RAMRAS, noting  that there  were no  objections, announced                                                               
that Amendment 3 was adopted.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  reflected on  discussions in  the House                                                               
State  Affairs Standing  Committee whether  the chief  justice of                                                               
the  supreme   court  should  be  involved   [in  the  nomination                                                               
process.]                                                                                                                       
                                                                                                                                
CHAIR RAMRAS replied  that he was content with  CSHB 348(STA), as                                                               
amended.                                                                                                                        
                                                                                                                                
REPRESENTATIVE LYNN concurred.                                                                                                  
                                                                                                                                
2:24:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  asked  whether   the  courts  objected  to                                                               
submitting a list of nominees.                                                                                                  
                                                                                                                                
MR. WOOLIVER replied  that the court, although  preferring not to                                                               
be involved, will submit the nominations.                                                                                       
                                                                                                                                
2:25:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON moved to report  CSHB 348(STA), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
348(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
2:25:47 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:25 p.m. to 2:27 p.m.                                                                       
                                                                                                                                
                     HB 381 - SELF DEFENSE                                                                                  
                                                                                                                                
2:27:44 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that as its final order  of business, the                                                               
committee would return to the hearing  on HOUSE BILL NO. 381, "An                                                               
Act relating  to self  defense."  [Before  the committee  was the                                                               
proposed committee substitute  (CS) for HB 381,  Version E, which                                                               
had been adopted as the work draft earlier in the meeting.]                                                                     
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 381.                                                                                     
                                                                                                                                
2:28:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON moved  to  report  the proposed  committee                                                               
substitute (CS) for HB 381,  26-LS1534\E, Luckhaupt, 3/23/10, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE GATTO  objected, and suggested an  oral amendment,                                                               
which he stated:                                                                                                                
                                                                                                                                
     Page 1, lines 4-15:                                                                                                        
          Delete all                                                                                                            
                                                                                                                                
     Page 2, lines 1-2:                                                                                                         
          Delete all                                                                                                            
                                                                                                                                
He opined that this would retain the essence of the bill.                                                                       
                                                                                                                                
CHAIR RAMRAS  objected, offering his  belief that it was  not the                                                               
will of the bill  sponsor.  He asked Mr. Ellis  to agree that the                                                               
sponsor  would  include  a   statement  outlining  the  suggested                                                               
amendment from Representative  Gatto as part of  the bill package                                                               
when  it  moved  to  the  next committee.    He  opined  that  he                                                               
preferred the  specificity of  Version E,  but he  recognized the                                                               
value  of the  suggested amendment,  as it  offered an  "umbrella                                                               
over the whole bill."                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG  reflected that  more work needed  to be                                                               
done on the  suggested amendment.  He pointed  out that paragraph                                                               
(1)  referenced "where  this  occurs";  paragraph (2)  referenced                                                               
"who  this  applies  to";  paragraph  (3)  referenced  "where  it                                                               
occurs';  and  paragraph  (4)  referenced  "what  the  person  is                                                               
doing".  He stated that  paragraph (5) should only be substituted                                                               
for paragraphs (1) and (3).                                                                                                     
                                                                                                                                
REPRESENTATIVE  HERRON  stated  that   he  did  not  support  the                                                               
suggested  amendment.    He  nominated that  the  bill  title  be                                                               
changed to "An Act relating to  self defense in any place where a                                                               
person has the right to be."                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG offered his  support for a title change,                                                               
and he asked if the bill sponsor would support this.                                                                            
                                                                                                                                
MR. ELLIS  said that  he could  not speak  for the  bill sponsor,                                                               
Representative Neuman.                                                                                                          
                                                                                                                                
2:31:42 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:31 p.m. to 2:32 p.m.                                                                       
                                                                                                                                
2:32:45 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS   summarized  the  suggested  amendment,   and  the                                                               
subsequent discussion.   He also  spoke about the  proposed title                                                               
change.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GATTO clarified that he  had not made a motion for                                                               
an amendment.                                                                                                                   
                                                                                                                                
CHAIR RAMRAS  asked Representative  Neuman, as the  bill sponsor,                                                               
for his response to a title change.                                                                                             
                                                                                                                                
2:34:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN expressed his  appreciation and offered his                                                               
support to a title change.                                                                                                      
                                                                                                                                
2:35:09 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:35:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  [although an objection had  been stated to                                                               
the  motion to  move  the  bill from  committee  and neither  the                                                               
objection  nor   the  motion  were  withdrawn]   moved  to  adopt                                                               
Conceptual Amendment 1 for a title change, which he stated:                                                                     
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Following "defense"                                                                                                   
       Insert "in any place where the person has a right                                                                        
     to be."                                                                                                                    
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
2:36:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON restated his  motion to report the proposed                                                               
committee  substitute  (CS)  for  HB  381,  Version  26-LS1534\E,                                                               
Luckhaupt, 3/23/10, as amended,  out of committee with individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,   CSHB  381(JUD)  was  reported   from  the  House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
2:37:07 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:37 p.m.                                                                 

Document Name Date/Time Subjects
08 HB381 Proposed HJUD CS.pdf HJUD 3/29/2010 1:00:00 PM
CS HB 381 Sponsor Statement HJUD.pdf HJUD 3/29/2010 1:00:00 PM
HB 381