Legislature(1993 - 1994)

04/02/1993 01:00 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                          April 2, 1993                                        
                            1:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Brian Porter, Chairman                                        
  Representative Jeannette James, Vice-Chair                                   
  Representative Pete Kott                                                     
  Representative Gail Phillips                                                 
  Representative Joe Green                                                     
  Representative Jim Nordlund                                                  
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative Cliff Davidson                                                
                                                                               
  OTHER MEMBERS PRESENT                                                        
                                                                               
  Representative Kay Brown                                                     
  Representative Eileen Maclean                                                
  Representative Ed Willis                                                     
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 54:    "An Act relating to eavesdropping, telephone                       
            caller identification, and telephone directory                     
            listings and solicitations."                                       
                                                                               
            CSHB 54 (L&C) PASSED OUT WITH A DO PASS                            
            RECOMMENDATION                                                     
                                                                               
  HB 217:   "An Act relating to Native corporation dividends                   
            and other distributions due to minors in state                     
            custody."                                                          
                                                                               
            CSHB 217 (JUD) PASSED OUT WITH A DO PASS                           
            RECOMMENDATION                                                     
                                                                               
  *HJR 27:  Relating to an amendment to the Constitution of                    
            the United States prohibiting desecration of the                   
            Flag of the United States.                                         
                                                                               
            PASSED OUT WITH A DO PASS RECOMMENDATION                           
                                                                               
  *HB 231:  "An Act relating to aggravating and mitigating                     
            factors at sentencing."                                            
                                                                               
            CSHB 231 (JUD) PASSED OUT WITH A DO PASS                           
            RECOMMENDATION                                                     
                                                                               
  *HB 212:  "An Act relating to a factor in aggravation of the                 
            presumptive term of a criminal sentence, and                       
            prohibiting the referral of a sentence based on                    
            application of that factor to a three-judge                        
            sentencing panel as an extraordinary                               
            circumstance."                                                     
                                                                               
            CSHB 212 (JUD) PASSED OUT WITH A DO PASS                           
            RECOMMENDATION                                                     
                                                                               
  *HB 214:  "An Act allowing the parent or legal guardian of a                 
            minor to disclose certain records and information                  
            about the minor to certain state officials and                     
            state employees; prohibiting further disclosure of                 
            the records and information to unauthorized                        
            persons; and providing for an effective date."                     
                                                                               
            CSHB 214 (JUD) PASSED OUT WITH A DO PASS                           
            RECOMMENDATION                                                     
                                                                               
  (* First public hearing.)                                                    
                                                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  REPRESENTATIVE KAY BROWN                                                     
  Alaska State Legislature                                                     
  State Capitol, Room 517                                                      
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-4998                                                             
  Position Statement:  Prime sponsor of HB 54                                  
                                                                               
  MARCIA MCKENZIE, Program Coordinator                                         
  Council on Domestic Violence and Sexual Assault                              
  P.O. Box 111200                                                              
  Juneau, Alaska 99811                                                         
  Phone:  465-4356                                                             
  Position Statement: Supported HB 54                                          
                                                                               
  CINDY SMITH, Executive Director                                              
  Alaska Network on Domestic Violence and Sexual Assault                       
  419 Sixth Street                                                             
  Juneau, Alaska 99801                                                         
  Phone:  586-3650                                                             
  Position Statement: Supported HB 54; Voiced concerns about                   
                      HB 231                                                   
                                                                               
  REPRESENTATIVE EILEEN MACLEAN                                                
  Alaska State Legislature                                                     
  State Capitol, Room 507                                                      
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-4833                                                             
  Position Statement: Prime sponsor of HB 217                                  
                                                                               
  RANDALL HINES                                                                
  Division of Family and Youth Services                                        
  Department of Health and Social Services                                     
  P.O. Box 110630                                                              
  Juneau, Alaska 99811-0630                                                    
  Phone:  465-3187                                                             
  Position Statement:  Supported HB 217                                        
                                                                               
  GAYLE HORETSKI                                                               
  Committee Counsel                                                            
  House Judiciary Committee                                                    
  Alaska State Legislature                                                     
  State Capitol, Room 120                                                      
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-6841                                                             
  Position Statement: Reviewed amendment to HB 217; answered a                 
                      question related to HJR 27; reviewed the                 
                      changes in CSHB 231 (JUD); commented on                  
                      changes made to HB 214                                   
                                                                               
                                                                               
  REPRESENTATIVE ED WILLIS                                                     
  Alaska State Legislature                                                     
  Court Building, Room 614                                                     
  Juneau, Alaska 99801                                                         
  Phone:  465-2199                                                             
  Position Statement:  Reviewed HJR 27                                         
                                                                               
  WARREN CULVER                                                                
  The American Legion                                                          
  Department of Alaska                                                         
  519 West Eighth Avenue, Suite 208                                            
  Anchorage, Alaska 99501                                                      
  Phone:  276-8211                                                             
  Position Statement:  Supported HJR 27                                        
                                                                               
  REPRESENTATIVE PETE KOTT                                                     
  Alaska State Legislature                                                     
  State Capitol, Room 409                                                      
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-3777                                                             
  Position Statement:  Prime sponsor of HB 231                                 
                                                                               
  MARGOT KNUTH, Assistant Attorney General                                     
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  465-3428                                                             
  Position Statement: Supported and answered questions on                      
                      HB 231; suggested amendments to HB 212                   
                                                                               
  JERRY LUCKHAUPT                                                              
  Legislative Legal Counsel                                                    
  Division of Legal Services                                                   
  Legislative Affairs Agency                                                   
  130 Seward Street                                                            
  Juneau, Alaska 99801-2105                                                    
  Phone:  465-2450                                                             
  Position Statement: Answered questions related to HB 231                     
                                                                               
  MARTHA STEWART, Legislative Aide                                             
    to Senator Al Adams                                                        
  State Capitol, Room 417                                                      
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-3707                                                             
  Position Statement: Gave an overview of HB 212                               
                                                                               
  DUNCAN FOWLER, Ombudsman                                                     
  P. O. Box 113000                                                             
  Juneau, Alaska 99811                                                         
  Phone:  465-4970                                                             
  Position Statement:  Supported HB 214                                        
                                                                               
  JANINE REEP, Assistant Attorney General                                      
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  465-3603                                                             
  Position Statement:  Answered questions on HB 214                            
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 54                                                                 
  SHORT TITLE:  TELEPHONE CONSUMER PROTECTION                                  
  BILL VERSION: CSHB 54(L&C)                                                   
  SPONSOR(S):   REPRESENTATIVE(S) BROWN,Navarre,Mulder,Hudson                  
                                                                               
  TITLE: "An Act relating to telephone caller identification;                  
  and providing for an effective date."                                        
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  01/14/93        60    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/14/93        60    (H)   LABOR & COMMERCE, JUDICIARY,                     
                              FINANCE                                          
  03/11/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  03/11/93              (H)   MINUTE(L&C)                                      
  03/16/93              (H)   MINUTE(L&C)                                      
  03/17/93       678    (H)   L&C RPT  CS(L&C)  NEW TITLE                      
                              6DP                                              
  03/17/93       678    (H)   DP: PORTER, MACKIE, MULDER,                      
                              WILLIAMS                                         
  03/17/93       678    (H)   DP: GREEN, HUDSON                                
  03/17/93       678    (H)   -ZERO FISCAL NOTE  (DCED)                        
                              3/17/93                                          
  03/17/93       691    (H)   COSPONSOR(S): MULDER                             
  03/19/93       716    (H)   COSPONSOR(S): HUDSON                             
  03/26/93              (H)   JUD AT 01:30 PM CAPITOL 120                      
  04/02/93       955    (H)   JUD RPT  CS(L&C) NEW TITLE  4DP                  
                              2NR                                              
  04/02/93       955    (H)   DP: GREEN, PORTER, PHILLIPS,                     
                              NORDLUND                                         
  04/02/93       955    (H)   NR: KOTT, JAMES                                  
  04/02/93       956    (H)   -PREVIOUS ZERO FN (DCED)                         
                              3/17/93                                          
  04/02/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 217                                                                
  SHORT TITLE:  NATIVE CORPORATION DIVIDENDS TO MINORS                         
  BILL VERSION: CSHB 217(JUD)                                                  
  SPONSOR(S):   REPRESENTATIVE(S) MACLEAN                                      
                                                                               
  TITLE: "An Act relating to Native corporation dividends and                  
  other distribution due to minors in the custody of a state."                 
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  03/10/93       592    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/10/93       592    (H)   HES, JUDICIARY                                   
  03/24/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/24/93              (H)   MINUTE(HES)                                      
  03/26/93       789    (H)   HES RPT  5DP  1DNP  2NR                          
  03/26/93       789    (H)   DP:G.DAVIS,TOOHEY,B.DAVIS,                       
                              NICHOLIA,BRICE                                   
  03/26/93       789    (H)   DNP: VEZEY                                       
  03/26/93       789    (H)   NR: BUNDE, OLBERG                                
  03/26/93       789    (H)   -ZERO FISCAL NOTE  (DHSS)                        
                              3/26/93                                          
  04/02/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HJR 27                                                                
  SHORT TITLE:  DESECRATION OF U.S. FLAG                                       
  BILL VERSION:                                                                
  SPONSOR(S):   SPECIAL CMTE MILITARY & VETERANS AFFAIRS                       
                                                                               
  TITLE: Relating to an amendment to the Constitution of the                   
  United States prohibiting desecration of the Flag of the                     
  United States.                                                               
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/11/93       321    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/11/93       321    (H)   JUDICIARY                                        
  04/02/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 231                                                                
  SHORT TITLE:  AGGRAVATING/MITIGATING FACTORS:SEX CRIMES                      
  BILL VERSION:                                                                
  SPONSOR(S):   REPRESENTATIVE(S) KOTT                                         
                                                                               
  TITLE: "An Act relating to aggravating and mitigating                        
  factors at sentencing."                                                      
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  03/16/93       663    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/16/93       663    (H)   JUDICIARY, FINANCE                               
  04/02/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 212                                                                
  SHORT TITLE:  SENTENCING:AGGRAVATING FACTORS                                 
  BILL VERSION: CSHB 212(JUD)                                                  
  SPONSOR(S):   REPRESENTATIVE(S) MACLEAN                                      
                                                                               
  TITLE: "An Act relating to a factor in aggravation of the                    
  presumptive term of criminal sentence, and prohibiting the                   
  referral of a sentence based on application of that factor                   
  to a three-judge sentencing panel as an extraordinary                        
  circumstance."                                                               
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  03/10/93       590    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/10/93       590    (H)   JUDICIARY, FINANCE                               
  04/02/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 214                                                                
  SHORT TITLE:  DISCLOSURE OF MINOR'S RECORDS BY PARENT                        
  BILL VERSION: CSHB 214(JUD)                                                  
  SPONSOR(S):   RULES BY REQUEST OF LEGISLATIVE COUNCIL                        
                                                                               
  TITLE: "An Act allowing the parent or legal guardian of a                    
  minor to disclose information about the minor to certain                     
  state officials and state employees; prohibiting further                     
  disclosure of the information to unauthorized persons;                       
  amending Alaska Child in Need of Aid Rule 22; and providing                  
  for an effective date."                                                      
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  03/10/93       591    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/10/93       591    (H)   JUDICIARY                                        
  04/02/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-49, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN PORTER called the meeting to order at 1:10 p.m.,                    
  noted members present, and announced the calendar.  He                       
  brought HB 54 to the table.                                                  
                                                                               
  HB 54:  TELEPHONE CONSUMER PROTECTION                                        
                                                                               
  Number 031                                                                   
                                                                               
  REPRESENTATIVE KAY BROWN, PRIME SPONSOR of HB 54, noted that                 
  some provisions of the bill had been dropped in the House                    
  Labor and Commerce Committee, and that the only provisions                   
  remaining in the bill related to caller identification                       
  service, a service soon to be available in Alaska.  The bill                 
  required that customers have the option to block out calls                   
  either permanently or on a per-call basis, at no charge, she                 
  said.                                                                        
                                                                               
  REPRESENTATIVE BROWN said that the caller ID service                         
  divulged the identity of the caller to the callee, which                     
  raised serious privacy issues, and questions of protection                   
  for victims' shelters, law enforcement, doctors, or public                   
  servants.  She said that the Alaska Telephone Association                    
  had voiced objection in the Labor and Commerce Committee,                    
  and wanted to delete permanent line blocking requirements,                   
  found on line 9 of the bill, but leave intact the call-by-                   
  call blocking option.  She considered the loss of the                        
  permanent block a serious change, and recommended against                    
  the change.                                                                  
                                                                               
  REPRESENTATIVE BROWN said further that telephone companies                   
  wanted to charge for the blocking service, but she said that                 
  Pacific Telecom Inc. (PTI) offered the service for free in                   
  the State of Washington and still made a profit.  She said                   
  that people had the right to opt out of caller ID, and that                  
  telephone companies were regulated monopolies.  She said                     
  that there were other technologies available to deal with                    
  harassing phone calls.  The purpose of caller ID was to                      
  allow telemarketers to capture the number of potential                       
  customers, and that impinged on the constitutional right to                  
  privacy, she concluded.                                                      
                                                                               
  Number 207                                                                   
                                                                               
  MARCIA MCKENZIE, PROGRAM COORDINATOR FOR THE COUNCIL ON                      
  DOMESTIC VIOLENCE AND SEXUAL ASSAULT, testified in support                   
  of HB 54.  She said that caller ID could place a domestic                    
  violence shelter client's confidentiality in jeopardy, and                   
  could also place a victim in physical danger.  She said that                 
  call-by-call blocking could pose a problem during crisis                     
  situations.  She said that the Council supported the Labor                   
  and Commerce Committee version of the bill, as written.                      
                                                                               
  Number 262                                                                   
                                                                               
  REPRESENTATIVE GAIL PHILLIPS asked about the cost to a                       
  customer of having the call blocking service.                                
                                                                               
  Number 271                                                                   
                                                                               
  CINDY SMITH, EXECUTIVE DIRECTOR OF THE ALASKA NETWORK ON                     
  DOMESTIC VIOLENCE AND SEXUAL ASSAULT, testified in support                   
  of HB 54.  She referred the committee to the Network's                       
  position paper on the bill.  She said that, as about twelve                  
  other states required free call-by-call blocking, the                        
  request for such a service in Alaska was not unusual, and                    
  providing the service for free could be economically                         
  feasible.  She said that people generally did not stay in                    
  shelters long, but privacy was also important when people                    
  returned to their permanent homes.                                           
                                                                               
  Number 300                                                                   
                                                                               
  MS. SMITH said that many shelters employed volunteers, who                   
  used their home telephone lines in their service to                          
  shelters, and who sometimes sheltered people in their homes                  
  and therefore needed secure telephones.  She said that the                   
  Network did not oppose telemarketers, but said that Alaskans                 
  should have a choice as to whether they wanted to have                       
  caller ID services, and those who wanted the service should                  
  bear the cost, not those who did not.  She said that the                     
  cost would be from $6 to $9 per month.                                       
                                                                               
  Number 351                                                                   
                                                                               
  REPRESENTATIVE JOE GREEN asked Representative Brown whether                  
  HB 54 would allow a telephone subscriber not to have the                     
  caller ID service, and not to have his or her number                         
  displayed to another caller who had the service.                             
                                                                               
  REPRESENTATIVE BROWN answered that HB 54 would allow                         
  telephone subscribers to opt out of the caller ID service                    
  for free.                                                                    
                                                                               
  Number 376                                                                   
                                                                               
  CHAIRMAN BRIAN PORTER asked if the three-digit number that                   
  people would have to dial in for call-by-call blocking would                 
  be the same for all telephones.                                              
                                                                               
  REPRESENTATIVE BROWN answered that some states had toggle                    
  switches to turn the blocking on or off, that some telephone                 
  companies had the same numbers, and that in some places the                  
  same three digits both activated and de-activated the call                   
  blocking feature.                                                            
                                                                               
  Number 410                                                                   
                                                                               
  CHAIRMAN PORTER asked if there was anyone else who wanted to                 
  testify on HB 54.  He supported the bill, and said that line                 
  and call blockage was important, especially in Alaska, which                 
  had constitutionally guaranteed privacy rights.  He said                     
  that he would entertain a motion.                                            
                                                                               
  REPRESENTATIVE GREEN MOVED PASSAGE OF CS HB54 (L&C) with                     
  individual recommendations and a zero fiscal note.                           
                                                                               
  CHAIRMAN PORTER asked for objections, and hearing none,                      
  declared CSHB 54 (L&C) PASSED from committee with individual                 
  recommendations.  He then brought HB 217 to the table.                       
                                                                               
  Number 450                                                                   
  HB 217: NATIVE CORPORATION DIVIDENDS TO MINORS                               
                                                                               
  REPRESENTATIVE EILEEN MACLEAN, PRIME SPONSOR of HB 217, said                 
  that the legal guardians or parents of some Native children                  
  in state custody did not always use the dividends                            
  distributed to Native children by Native corporations for                    
  the good of their charges.  The bill would address this                      
  situation by directing that Native corporation dividends for                 
  minors in the custody of any state would go to a bank, not                   
  the parent or guardian, until the child reached the age of                   
  majority.                                                                    
                                                                               
  REPRESENTATIVE PHILLIPS said that it was a good bill, and                    
  she assumed that all the regional Native corporations                        
  supported HB 217.                                                            
                                                                               
  REPRESENTATIVE MACLEAN answered that they did.                               
                                                                               
  Number 492                                                                   
                                                                               
  RANDALL HINES, DIVISION OF FAMILY AND YOUTH SERVICES,                        
  DEPARTMENT OF HEALTH AND SOCIAL SERVICES (DHSS), testified                   
  in support of HB 217.  He said that the DHSS had issued a                    
  position paper strongly supporting the bill.  He also noted                  
  a zero fiscal note.  He offered to take questions.                           
                                                                               
  CHAIRMAN PORTER noted that there was one technical amendment                 
  to HB 217.                                                                   
                                                                               
  Number 505                                                                   
                                                                               
  GAYLE HORETSKI, COMMITTEE COUNSEL, HOUSE JUDICIARY                           
  COMMITTEE, noted a letter from Cook Inlet Regional Inc.,                     
  which said that while the corporation supported HB 217, some                 
  minor shareholders eligible for dividends lived outside                      
  Alaska.  She said that the amendment to which Chairman                       
  Porter had referred was drafted to extend the bill's                         
  provisions to minors living outside Alaska.                                  
                                                                               
  Number 531                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS MOVED the AMENDMENT.                                 
                                                                               
  CHAIRMAN PORTER noted that the amendment was the only one                    
  yet proposed.  He asked for objections and, hearing none,                    
  declared the MOTION PASSED.                                                  
                                                                               
  Number 535                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS MOVED PASSAGE of HB 217 from the                     
  committee with individual recommendations.                                   
                                                                               
  CHAIRMAN PORTER asked if there was a fiscal note.                            
                                                                               
  REPRESENTATIVE PHILLIPS answered that her motion included                    
  acceptance of a zero fiscal note.                                            
                                                                               
  CHAIRMAN PORTER, hearing no objections, declared HB 217                      
  PASSED from the committee with individual recommendations.                   
  He then brought HJR 27 to the table.                                         
                                                                               
  HJR 27:  DESECRATION OF U.S. FLAG                                            
                                                                               
  Number 553                                                                   
                                                                               
  REPRESENTATIVE ED WILLIS testified on behalf of the HOUSE                    
  SPECIAL COMMITTEE ON MILITARY AND VETERANS AFFAIRS regarding                 
  HJR 27.  He said that the committee had introduced the                       
  resolution at the request of various veterans' organizations                 
  around the state.  An identical measure, SJR 9, was                          
  introduced in the Senate, he said.  The resolution asked the                 
  U.S. Congress to pass a constitutional amendment prohibiting                 
  desecration of the U.S. flag, a step which would have to be                  
  ratified by a two-thirds majority of states, he said.                        
                                                                               
  REPRESENTATIVE PHILLIPS supported HJR 27, but had some                       
  questions regarding the language on page 2, starting with                    
  line 24.  She asked why the bill referred to the "several                    
  states," instead of all the states.                                          
                                                                               
  Number 596                                                                   
                                                                               
  WARREN CULVER, from the AMERICAN LEGION, said that the                       
  language matched language in a national resolution                           
  concerning flag desecration.                                                 
                                                                               
  REPRESENTATIVE PHILLIPS said that the phrase "several                        
  states" did not to her connote all the states, and that                      
  while she did not want to hold HJR 27 up, it would be                        
  clearer simply to say "all states."                                          
                                                                               
  There followed general discussion on the relative merits and                 
  meanings of the words "several states" and "all states."                     
                                                                               
  Number 603                                                                   
                                                                               
  MR. CULVER testified in support of HJR 27.  He said that the                 
  resolution did not interfere with constitutionally protected                 
  free speech.  He said that the flag was a living, unifying                   
  symbol, representing freedom and hope.  He said that burning                 
  and desecrating the flag slandered the service of people who                 
  had fought under it.  He answered critics who opposed                        
  amending the Constitution by pointing out that the                           
  Constitution had been amended 46 times already.  He cited an                 
  artistic display in Anchorage which had encouraged people to                 
  walk on a flag on the floor, which shocked veterans.                         
                                                                               
  MR. CULVER said that a national poll indicated that 70                       
  percent of Americans believed that a flag amendment would                    
  not place freedom of speech in jeopardy.  He said that so                    
  far, 28 or 29 states had asked Congress for a constitutional                 
  amendment on flag desecration and that Congress could act on                 
  the amendment if nine more states asked for the amendment.                   
  He cited Alaska's historical ties to the military.                           
                                                                               
  Number 711                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS asked Mr. Culver to repeat the                       
  history of previous attempts to get similar legislation                      
  passed.                                                                      
                                                                               
  MR. CULVER explained that the legislation had first been                     
  introduced last session as SJR 29 by Senator Zharoff, and                    
  passed through three or four committees, but died in the                     
  House.                                                                       
                                                                               
  Number 732                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS asked whether the bill had been                      
  introduced in only one previous legislative session.                         
                                                                               
  MR. CULVER answered in the affirmative.                                      
                                                                               
  Number 735                                                                   
                                                                               
  REPRESENTATIVE GREEN MOVED PASSAGE of HJR 27 from the                        
  committee with individual recommendations, but said that he                  
  did not see a fiscal note for the resolution.                                
                                                                               
  MS. HORETSKI said that it had not been decided if HJR 27                     
  needed a fiscal note.  She said that it might be possible to                 
  have the Legislative Affairs Agency prepare a fiscal note.                   
                                                                               
  Number 752                                                                   
                                                                               
  CHAIRMAN PORTER said that he would consider as part of the                   
  motion that HJR 27 would have a zero fiscal note.  He asked                  
  for objection and, hearing none, declared HJR 27 PASSED with                 
  individual recommendations.  He then brought HB 231 to the                   
  table.                                                                       
                                                                               
  HB 231:  AGGRAVATING/MITIGATING FACTORS: SEX CRIMES                          
                                                                               
  Number 761                                                                   
                                                                               
  REPRESENTATIVE PETE KOTT, PRIME SPONSOR of HB 231, said that                 
  the bill was recommended by the Alaska Sentencing                            
  Commission.  He said that AS 12.55.155 contained a series of                 
  aggravating and mitigating factors that were applied by the                  
  court in presumptive sentencing of felony offenders.  He                     
  said that HB 231 modified the aggravating factors, and added                 
  a new mitigating factor.  He said that at present, there                     
  were no aggravating factors for conviction of sexual abuse                   
  of a minor, or for previous convictions for sexual assault                   
  of an adult.                                                                 
                                                                               
  REPRESENTATIVE KOTT said that section 1 of HB 231 filled the                 
  gap by creating an aggravating factor.  He said that section                 
  2 established as a new mitigating factor that the prior                      
  conviction was for a less serious class of offense.  He said                 
  that section 3 was a housekeeping provision, maintaining the                 
  status quo regarding the types of cases that could be                        
  referred to a three-judge panel.  He said that the bill                      
  would have no fiscal impact.                                                 
                                                                               
  Number 801                                                                   
                                                                               
  MS. SMITH expressed concerns about the bill's section 2,                     
  asking why the previous commission of a lesser felony should                 
  be a mitigating factor in the sentencing for another, more                   
  serious felony conviction.                                                   
                                                                               
  TAPE 93-49, SIDE B                                                           
  Number 000                                                                   
                                                                               
  MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW,                 
  testified regarding HB 231.  She said that the state's                       
  present presumptive sentencing system assumed that the                       
  subject had at least one prior conviction for a felony of                    
  approximately the same level.  She said that if the prior                    
  conviction was a more serious offense, that would be an                      
  aggravating factor.  A less serious offense could be a                       
  factor in mitigation, she said.                                              
                                                                               
  MS. KNUTH said that it was important to remember that a                      
  presumptive sentence was assumed to be the right sentence,                   
  and that judges could vary from that sentence only if they                   
  decided that there was a very good reason to do so.  She                     
  said that the bill allowed some increased flexibility in                     
  sentencing.                                                                  
                                                                               
  Number 025                                                                   
                                                                               
  CHAIRMAN PORTER said that under present law the mitigating                   
  or aggravating factors had more to do with the fact that a                   
  person had a previous conviction, and not so much with the                   
  relative seriousness of the felonies.  He asked if this                      
  approach made sense.                                                         
                                                                               
  MS. SMITH replied, "Not in my field."                                        
                                                                               
  Number 049                                                                   
                                                                               
  MS. KNUTH said that the Department of Law supported HB 231,                  
  as recommended by the Sentencing Commission.                                 
                                                                               
  CHAIRMAN PORTER suggested that the committee adopt CSHB 231                  
  (JUD).                                                                       
                                                                               
  REPRESENTATIVE JEANNETTE JAMES MOVED that the committee                      
  ADOPT CSHB 231 (JUD), dated April 2, 1993.                                   
                                                                               
  Number 061                                                                   
                                                                               
  REPRESENTATIVE KOTT OBJECTED for the purpose of discussing                   
  CSHB 231 (JUD).                                                              
                                                                               
  MS. HORETSKI said that the committee members had a draft CS                  
  dated 4/2/93.  She said that she had talked with Ms. Knuth,                  
  members of Representative Kott's staff, and with the                         
  legislative drafters several times regarding HB 231.  She                    
  described the changes in the CS.  On page 1, line 4, the                     
  term "crime" was changed to the word "felony." She said that                 
  the CS combined existing language describing aggravators for                 
  prior crimes of rape and sexual abuse of a minor.  She said                  
  that the main change in the CS version deleted section 3 of                  
  the original bill.                                                           
                                                                               
  MS. HORETSKI said that the CS did not change the thrust of                   
  HB 231, but improved it slightly.                                            
                                                                               
  Number 140                                                                   
                                                                               
  REPRESENTATIVE KOTT had no questions, but added that it was                  
  not his intent to tamper with the three-judge panel.                         
                                                                               
  Number 144                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS said that it was a bad idea for                      
  amendments to be made without the sponsor's knowledge.  She                  
  said that it was important to involve the sponsor in any                     
  amendment to his or her bill.                                                
                                                                               
  CHAIRMAN PORTER said that was a good point, and that while                   
  there had been discussions with the sponsor's staff, that                    
  did not overcome the obligation to consult with the sponsor.                 
                                                                               
  Number 161                                                                   
                                                                               
  MS. HORETSKI asked that the record reflect that she had had                  
  extensive discussions with the sponsor's staff as well as                    
  agency representatives regarding CSHB 231 (JUD).                             
                                                                               
  Number 170                                                                   
                                                                               
  MS. KNUTH said that the amendments made sense to her, and                    
  that it was up to the legislature to decide sentencing                       
  parameters.                                                                  
                                                                               
  CHAIRMAN PORTER said that HB 231 made an appropriate                         
  distinction regarding a sexual offender based on the                         
  victims.  He invited the drafter of the bill to comment.                     
                                                                               
  Number 188                                                                   
                                                                               
  JERRY LUCKHAUPT, LEGISLATIVE LEGAL COUNSEL, DIVISION OF                      
  LEGAL SERVICES, LEGISLATIVE AFFAIRS AGENCY, testified on                     
  HB 231, saying that he agreed with Ms. Knuth, Ms. Horetski                   
  and Chairman Porter, that it was up to the legislature to                    
  fashion aggravating factors as it saw fit.  He said that                     
  early on in his work, the sponsor did not want to make any                   
  changes regarding what cases could go before the three-judge                 
  panel.  He had no legal concerns regarding the changes made                  
  in CSHB 231 (JUD), however.                                                  
                                                                               
  REPRESENTATIVE KOTT said that the changes were acceptable to                 
  him.  He asked if there was a need for a title change,                       
  because CSHB 231 (JUD) would prevent some cases from being                   
  referred to the three-judge panel.                                           
                                                                               
  Number 213                                                                   
                                                                               
  MR. LUCKHAUPT did not think so, but said that the committee                  
  could ask him to change the title.  He offered to consult                    
  with the revisor of statutes as to the need for a title                      
  change.  He said that the committee could conceptually adopt                 
  CSHB 231 (JUD), then allow him to change the title if                        
  necessary.                                                                   
                                                                               
  REPRESENTATIVE KOTT WITHDREW his OBJECTION.                                  
                                                                               
  CHAIRMAN PORTER asked for objections and, hearing none,                      
  declared that the committee had adopted CSHB 231 (JUD).                      
                                                                               
  Number 233                                                                   
                                                                               
  REPRESENTATIVE GREEN MOVED PASSAGE of CSHB 231 (JUD) with                    
  individual recommendations and a zero fiscal note, and if                    
  necessary, a title change.                                                   
                                                                               
  CHAIRMAN PORTER asked for objections and, hearing none,                      
  declared CS HB 231 (JUD) PASSED with individual                              
  recommendations  He then brought to the table HB 212, and                    
  noted that the sponsor, Representative Maclean, had had to                   
  leave the committee meeting to return to work in another                     
  committee.                                                                   
                                                                               
  HB 212:  SENTENCING: AGGRAVATING FACTORS                                     
                                                                               
  Number 257                                                                   
                                                                               
  MARTHA STEWART, LEGISLATIVE AIDE to SENATOR AL ADAMS,                        
  testified on behalf of Representative Maclean, the prime                     
  sponsor of HB 212.  She said that the bill was intended to                   
  provide the most serious sentences for the sexual assault of                 
  a minor by a person who lived with or was in a position of                   
  authority over the minor, as children were less able to                      
  defend themselves against assaults from such people.  The                    
  bill accomplished that by adding such factors to the list of                 
  possible aggravating factors in sentencing, she said.                        
                                                                               
  MS. STEWART said HB 212 would also add such crimes to the                    
  list of crimes which could not be referred to the three-                     
  judge panel.                                                                 
                                                                               
  Number 295                                                                   
                                                                               
  REPRESENTATIVE JIM NORDLUND noted that the three-judge panel                 
  was supposed to make sentencing decisions based on a                         
  convict's chances for rehabilitation.  He asked what                         
  difference it would make to such a panel whether a person                    
  convicted of sexual assault of a minor knew the child or                     
  not.                                                                         
                                                                               
  Number 317                                                                   
                                                                               
  MS. STEWART could not give a good argument.  She commented                   
  that the intent of the section was to prevent the three-                     
  judge panel from having latitude in differing from                           
  presumptive sentencing requirements.                                         
                                                                               
  REPRESENTATIVE NORDLUND wondered how frequently it happened                  
  that a three-judge panel would reduce a sentence.                            
                                                                               
  MS. STEWART commented that Ms. Horetski had recommended that                 
  some changes be made on page 3 of the bill.  She stated that                 
  the sponsor would concur with the proposed changes.                          
                                                                               
  Number 345                                                                   
                                                                               
  MS. KNUTH said that she first thought that the bill was not                  
  necessary, because the legislature in 1990 created new                       
  offenses of sexual abuse of a minor in the first, second and                 
  third degrees, which related to the perpetrator's being in a                 
  position of authority over the minor.  Upon further                          
  analysis, however, she concluded that the aggravating factor                 
  proposed in HB 212 would have some use.                                      
                                                                               
  Number 365                                                                   
                                                                               
  MS. KNUTH said that sexual abuse of a minor in the first                     
  degree could be committed in several different ways,                         
  including sexual penetration of a victim under the age of 13                 
  and sexual penetration of a victim under the age of 15 and                   
  over which the defendant had a position of authority.  She                   
  said that HB 212 would create an aggravating factor which                    
  could apply if a defendant was accused of first-degree                       
  sexual penetration of a minor, but then had the charge                       
  reduced by one degree to spare the victim the trauma of a                    
  trial.                                                                       
                                                                               
  Number 395                                                                   
                                                                               
  MS. KNUTH said further that her analysis showed that it was                  
  impossible to have as an aggravating factor an element of                    
  the crime which was already inherent in that crime.  She                     
  said that it was appropriate to remove the misdemeanor from                  
  the bill.  She said that removing language on lines 17-18,                   
  page 3, concerning an offender's sharing living space with                   
  the victim "will keep some clarity in the law."  She said                    
  that whether such crimes should be referred to the three-                    
  judge panel was up to the legislature to decide.  She said                   
  that some three-judge panels were very active, and others                    
  were not.                                                                    
                                                                               
  Number 451                                                                   
                                                                               
  CHAIRMAN PORTER invited further testimony on HB 212, but                     
  hearing none, said he would entertain a motion.                              
                                                                               
  REPRESENTATIVE PHILLIPS MOVED AMENDMENT NO. 1 to HB 212.                     
                                                                               
  CHAIRMAN PORTER asked for objections and, hearing none,                      
  declared that the committee had ADOPTED the AMENDMENT.  He                   
  said that the committee had CSHB 212 (JUD) before it.                        
                                                                               
  Number 459                                                                   
                                                                               
  REPRESENTATIVE KOTT MOVED PASSAGE of CSHB 212 (JUD) with                     
  individual recommendations and a zero fiscal note.                           
                                                                               
  CHAIRMAN PORTER asked for objections and, hearing none,                      
  declared CSHB 212 (JUD) PASSED with individual                               
  recommendations and a zero fiscal note.  He then brought                     
  HB 214 to the table.                                                         
                                                                               
  HB 214:  DISCLOSURE OF MINOR'S RECORD BY PARENT                              
                                                                               
  DUNCAN FOWLER, OMBUDSMAN, STATE OF ALASKA, testified in                      
  support of HB 214.  He said that the bill was submitted at                   
  the request of the Legislative Council, based on a case                      
  involving the Ombudsman's office.  He said that a legislator                 
  had called the Ombudsman's office regarding a problem.  He                   
  said that, shortly after the Ombudsman's office had held                     
  interviews with the child, the parent and the legislator,                    
  the court had issued an order barring the parents from                       
  talking to any legislators or to the Ombudsman's office.                     
                                                                               
  MR. FOWLER said that the court eventually amended the order                  
  to allow the parent to talk to the Ombudsman's office, as                    
  that office operated under confidentiality rules.  The case                  
  was now before the state Supreme Court.  The bill would                      
  correct the problem which came up, he said, and addressed an                 
  important point of legislative oversight over the executive                  
  branch.  He thought that the original bill might limit a                     
  parent's ability to discuss issues they already knew about                   
  which were not confidential.  The amendment addressed that                   
  problem, he said.  He said that his office supported the                     
  bill, although it would not affect his office.                               
                                                                               
  Number 519                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS asked why the amended version of                     
  HB 214 deleted the word "records" from the title of the                      
  bill.                                                                        
                                                                               
  MR. FOWLER did not know, but said that perhaps the committee                 
  staff could answer the question.                                             
                                                                               
  Number 532                                                                   
                                                                               
  JANINE REEP, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW,                  
  testified on HB 214.  She said that she had not seen the                     
  amendment.  She was then provided a copy of the amendment.                   
                                                                               
  REPRESENTATIVE PHILLIPS repeated her question.                               
                                                                               
  MS. REEP said that there was a good reason for the change.                   
  She said that there was concern over the automatic release                   
  of records to certain people.  She said that, as the statute                 
  was set up, the court had to authorize release of any                        
  records.  She noted that in the case to which Mr. Fowler had                 
  referred, the parents and the child had the right to be                      
  represented by an attorney.  She said that records could                     
  include highly sensitive and potentially damaging                            
  information.                                                                 
                                                                               
  MS. REEP said further that parents might request the release                 
  of information to their attorneys, but that did not                          
  automatically mean the release of records to an attorney.                    
  She was not aware of the case which Mr. Fowler had                           
  described.  She was surprised to hear that some parties felt                 
  a parent could not talk to the Department of Law, as they                    
  frequently did, she said.                                                    
                                                                               
  Number 575                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS said that the explanation seemed to                  
  mitigate the intent of HB 214.  She said that section 2 of                   
  the amended bill, on page 2, line 15, gave parents the right                 
  to disclose any information.  She said that there was                        
  conflict between the purpose of the original bill and the                    
  amended version.                                                             
                                                                               
  MS. REEP was uncertain as to the intent of HB 214.  She said                 
  that it was a policy question as to whether legislators                      
  should have access to a child's records.                                     
                                                                               
  Number 601                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS said that the new section 2 gave                     
  legislators the power and authority to have records, and                     
  disclose information from those records.                                     
                                                                               
  CHAIRMAN PORTER disagreed, saying that the section gave such                 
  power over information, not records.                                         
                                                                               
  There followed some discussion over the meaning of the terms                 
  "information" and "records."                                                 
                                                                               
  CHAIRMAN PORTER asked Ms. Horetski to comment.                               
                                                                               
  Number 622                                                                   
                                                                               
  MS. HORETSKI said that the original bill (HB 214), was                       
  proposed by the Ombudsman's office.  She said that the first                 
  draft was not well drafted.  She discussed the CS dated                      
  April 2, 1993, and the process followed in drafting the                      
  bill.  She said that the CS had been received only shortly                   
  before the start of the meeting.  She believed that the                      
  title should use the term "information."  She said that the                  
  CS did not restrict parents' right to talk about their                       
  child, but that their existing rights were expanded.                         
                                                                               
  Number 665                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS interrupted to note that HB 214 had                  
  its roots in the court telling the parents that they did not                 
  have the right to share information about their child.  She                  
  said that the bill clarified that the parents did have that                  
  right.  She asked why the court would assume that the                        
  parents did not have that right.                                             
                                                                               
  MS. HORETSKI said that records regarding the minor in                        
  children's proceedings were confidential, under AS                           
  47.10.090.                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS said that the court in the case                      
  under discussion apparently had issued a blanket prohibition                 
  against the parents even speaking to legislators.                            
                                                                               
  Number 678                                                                   
                                                                               
  MS. HORETSKI made further comments on the CS regarding                       
  penalties for violation of the records statute.  She said                    
  that section 3 made it plain that there was a change in                      
  court rules.  She said that it was acceptable to remove the                  
  word "records" from the title, and that most parents would                   
  not have the records, but would get from social workers or                   
  others the information contained in those records.                           
                                                                               
  CHAIRMAN PORTER said that often more than one person was                     
  included in the same record.                                                 
                                                                               
  REPRESENTATIVE PHILLIPS asked if the case was to occur                       
  again, and courts issued an order barring parents from                       
  talking to legislators, would the court be in violation of                   
  subsection (c), the penalty section.                                         
                                                                               
  MS. HORETSKI said that the courts were absolutely immune.                    
                                                                               
  TAPE 93-50, SIDE A                                                           
  Number 000                                                                   
                                                                               
  MS. HORETSKI suggested an amendment on page 2, line 16 of                    
  the CS to change the word "records" in the title to the word                 
  "information."                                                               
                                                                               
  REPRESENTATIVE PHILLIPS MOVED the AMENDMENT.                                 
                                                                               
  CHAIRMAN PORTER asked for objection to the amendment.  He                    
  then asked the will of the committee.                                        
                                                                               
  Number 019                                                                   
                                                                               
  REPRESENTATIVE JAMES asked whether the committee had the CS                  
  version as its working document.                                             
                                                                               
  CHAIRMAN PORTER answered in the negative.                                    
                                                                               
  REPRESENTATIVE JAMES then MOVED that the committee ADOPT the                 
  CS version of HB 214, as amended, as its working draft.                      
                                                                               
  CHAIRMAN PORTER, hearing no objection, declared that the                     
  committee had ADOPTED as its working draft the CS version of                 
  HB 214, dated April 2, 1993.                                                 
                                                                               
  REPRESENTATIVE GREEN MOVED an AMENDMENT to page 2, line 16                   
  of CSHB 214 to change the word "records" in the title to the                 
  word "information."                                                          
                                                                               
  CHAIRMAN PORTER asked for objection and, hearing none,                       
  declared that the committee had before it CSHB 214, AS                       
  AMENDED.                                                                     
                                                                               
  Number 045                                                                   
                                                                               
  REPRESENTATIVE JAMES MOVED PASSAGE of CSHB 214 AS AMENDED,                   
  with individual recommendations, unanimous consent and a                     
  zero fiscal note.                                                            
                                                                               
  CHAIRMAN PORTER asked for objections, and hearing none,                      
  declared CSHB 214 (JUD) MOVED from committee with individual                 
  recommendations and a zero fiscal note.                                      
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 2:39 p.m.                           

Document Name Date/Time Subjects