Legislature(2011 - 2012)CAPITOL 120

03/28/2011 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 169 LAA REVIEW OF PROPOSED REGULATIONS TELECONFERENCED
Moved Out of Committee
+ SB 61 2011 REVISOR'S BILL TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 171 ARRESTS FOR MISDEMEANORS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 28, 2011                                                                                         
                           1:11 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Gatto, Chair                                                                                                
Representative Wes Keller                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Lance Pruitt                                                                                                     
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Steve Thompson, Vice Chair                                                                                       
Representative Max Gruenberg                                                                                                    
Representative Mike Chenault (alternate)                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 169                                                                                                              
"An Act relating to the review of proposed regulations by the                                                                   
Legislative Affairs Agency; and providing for an effective                                                                      
date."                                                                                                                          
                                                                                                                                
     - MOVED HB 169 OUT OF COMMITTEE                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 61(STA)                                                                                
"An Act making corrective amendments to the Alaska Statutes as                                                                  
recommended by the revisor of statutes; and providing for an                                                                    
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSSB 61(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 171                                                                                                              
"An Act relating to arrests without warrants by peace officers                                                                  
for certain misdemeanors."                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 169                                                                                                                  
SHORT TITLE: LAA REVIEW OF PROPOSED REGULATIONS                                                                                 
SPONSOR(S): JUDICIARY                                                                                                           
                                                                                                                                
02/23/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/23/11       (H)       JUD                                                                                                    
02/23/11       (H)       STA REFERRAL ADDED BEFORE JUD                                                                          
03/15/11       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/15/11       (H)       Heard & Held                                                                                           
03/15/11       (H)       MINUTE(STA)                                                                                            
03/17/11       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/17/11       (H)       Scheduled But Not Heard                                                                                
03/22/11       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/22/11       (H)       Moved Out of Committee                                                                                 
03/22/11       (H)       MINUTE(STA)                                                                                            
03/23/11       (H)       STA RPT 5DP 1NR 1AM                                                                                    
03/23/11       (H)       DP:    JOHANSEN,    P.WILSON,    KELLER,                                                               
                         PETERSEN, LYNN                                                                                         
03/23/11       (H)       NR: SEATON                                                                                             
03/23/11       (H)       AM: GRUENBERG                                                                                          
03/28/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 61                                                                                                                   
SHORT TITLE: 2011 REVISOR'S BILL                                                                                                
SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
01/24/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/24/11       (S)       STA, JUD                                                                                               
02/15/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/15/11       (S)       Heard & Held                                                                                           
02/15/11       (S)       MINUTE(STA)                                                                                            
02/17/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/17/11       (S)       Moved CSSB 61(STA) Out of Committee                                                                    
02/17/11       (S)       MINUTE(STA)                                                                                            
02/21/11       (S)       STA RPT CS  2DP 3NR  SAME TITLE                                                                        
02/21/11       (S)       DP: WIELECHOWSKI, MEYER                                                                                
02/21/11       (S)       NR: KOOKESH, PASKVAN, GIESSEL                                                                          
02/28/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/28/11       (S)       Heard & Held                                                                                           
02/28/11       (S)       MINUTE(JUD)                                                                                            
03/09/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/09/11       (S)       Moved CSSB 61(STA) Out of Committee                                                                    
03/09/11       (S)       MINUTE(JUD)                                                                                            
03/11/11       (S)       JUD RPT CS(STA)  3DP 1NR                                                                               
03/11/11       (S)       DP: FRENCH, WIELECHOWSKI, MCGUIRE                                                                      
03/11/11       (S)       NR: COGHILL                                                                                            
03/16/11       (S)       TRANSMITTED TO (H)                                                                                     
03/16/11       (S)       VERSION: CSSB 61(STA)                                                                                  
03/18/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/18/11       (H)       JUD                                                                                                    
03/28/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 171                                                                                                                  
SHORT TITLE: ARRESTS FOR MISDEMEANORS                                                                                           
SPONSOR(S): MUNOZ BY REQUEST                                                                                                    
                                                                                                                                
02/25/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/25/11       (H)       JUD                                                                                                    
03/25/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/25/11       (H)       Heard & Held                                                                                           
03/25/11       (H)       MINUTE(JUD)                                                                                            
03/28/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SARAH MUNSON, Staff                                                                                                             
Representative Carl Gatto                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented HB 169 on behalf  of the sponsor,                                                             
the    House   Judiciary    Standing   Committee,    chaired   by                                                               
Representative Gatto.                                                                                                           
                                                                                                                                
LISA KIRSCH, Attorney                                                                                                           
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    As  one of  the  drafters,  responded  to                                                             
questions during discussion of HB 169.                                                                                          
                                                                                                                                
DEBORAH  BEHR,  Chief  Assistant  Attorney  General  -  Statewide                                                               
Section Supervisor                                                                                                              
Legislation & Regulations Section                                                                                               
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 169.                                                                                                                         
                                                                                                                                
KATHRYN KURTZ, Assistant Revisor of Statutes                                                                                    
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    As  an  assistant  revisor  of  statutes,                                                             
presented  SB  61   on  behalf  of  the   Senate  Rules  Standing                                                               
Committee, sponsor by request of Legislative Council.                                                                           
                                                                                                                                
KENDRA KLOSTER, Staff                                                                                                           
Representative Cathy Munoz                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During discussion  of HB 171,  responded to                                                             
questions  and  comments  on   behalf  of  Representative  Munoz,                                                               
sponsor by request.                                                                                                             
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Central Office                                                                                                                  
Public Defender Agency (PDA)                                                                                                    
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB 171, and expressed concerns.                                                                                                 
                                                                                                                                
GERALD LUCKHAUPT, Assistant Revisor of Statutes                                                                                 
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    As the  drafter,  provided  comments  and                                                             
responded to questions during discussion of HB 171.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:11:34 PM                                                                                                                    
                                                                                                                                
CHAIR CARL  GATTO called the  House Judiciary  Standing Committee                                                             
meeting  to order  at  1:11 p.m.    Representatives Gatto,  Lynn,                                                               
Keller,  and   Holmes  were  present   at  the  call   to  order.                                                               
Representative  Pruitt arrived  as the  meeting was  in progress.                                                               
Representative Thompson was excused.                                                                                            
                                                                                                                                
          HB 169 - LAA REVIEW OF PROPOSED REGULATIONS                                                                       
                                                                                                                                
1:12:20 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the first order of  business would be                                                               
HOUSE BILL  NO. 169, "An Act  relating to the review  of proposed                                                               
regulations by the Legislative Affairs  Agency; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
The committee took an at-ease from 1:13 p.m. to 1:15 p.m.                                                                       
                                                                                                                                
1:15:23 PM                                                                                                                    
                                                                                                                                
SARAH  MUNSON, Staff,  Representative  Carl  Gatto, Alaska  State                                                               
Legislature,  on  behalf  of the  sponsor,  the  House  Judiciary                                                               
Standing  Committee, chaired  by Representative  Gatto, explained                                                               
that [by  amending AS  24.20.105(e),] HB  169 would  fix problems                                                               
with  the statutes  pertaining to  regulation  review.   Existing                                                               
AS 24.20.105  enumerates who  can request  Legislative Legal  and                                                               
Research Services to  conduct a review of  proposed regulations -                                                               
a  standing  committee,   the  Administrative  Regulation  Review                                                               
Committee, and  Legislative Council  - and who  Legislative Legal                                                               
and  Research Services  is allowed  to notify  of the  results of                                                               
such  a  review  when  it  finds  a  problem  with  the  proposed                                                               
regulations  - the  Administrative  Regulation Review  Committee,                                                               
the president  of the  Senate, and  the speaker  of the  House of                                                               
Representatives.    The  existing   statute  does  not,  however,                                                               
currently  allow  the  standing   committee  or  the  Legislative                                                               
Council  that  requested  the  review  to  be  notified  of  such                                                               
results, and  HB 169 would  address this problem by  adding those                                                               
entities  to   the  list   of  those   who  could   be  notified.                                                               
Furthermore, in  order to address  situations involving  a review                                                               
of proposed  regulations implementing newly  enacted legislation,                                                               
HB  169 would  add language  allowing the  prime sponsor  of such                                                               
legislation  to  also  be  consulted  by  Legislative  Legal  and                                                               
Research Services  during the  review and to  be notified  of the                                                               
results of the review if  a problem with the proposed regulations                                                               
is found.  The bill  would also add language allowing Legislative                                                               
Legal  and  Research Services  to  notify  the requester  of  the                                                               
review  in   situations  where  no  problem   with  the  proposed                                                               
regulations is found.                                                                                                           
                                                                                                                                
MS.  MUNSON   mentioned  that  under  the   bill,  when  proposed                                                               
regulations are  found to  have a  problem, notification  must be                                                               
made in writing,  but when no problem is  found, notification may                                                               
be  communicated  by  [other,  less  formal  means].    She  also                                                               
mentioned that  some people  have expressed  concern that  HB 169                                                               
would  alter how  regulations are  promulgated,  but pointed  out                                                               
that those concerns are unfounded  because the bill only pertains                                                               
to  Legislative  Legal  and Research  Services'  review  of,  and                                                               
subsequent communications regarding, proposed regulations.                                                                      
                                                                                                                                
CHAIR GATTO indicated that HB 169 was developed at his request.                                                                 
                                                                                                                                
MS.  MUNSON,  in response  to  questions,  reiterated that  under                                                               
existing law, reviews  may be requested by  a standing committee,                                                               
the  Administrative Regulation  Review Committee,  or Legislative                                                               
Council; and offered  her understanding that when  a problem with                                                               
proposed regulations  is found by Legislative  Legal and Research                                                               
Services,  just  the  chair  of the  committee  or  council  that                                                               
requested the review would be notified.                                                                                         
                                                                                                                                
REPRESENTATIVE  HOLMES indicated  interest in  possibly expanding                                                               
the list of who could be notified.                                                                                              
                                                                                                                                
1:22:15 PM                                                                                                                    
                                                                                                                                
LISA  KIRSCH, Attorney,  Legislative  Legal Counsel,  Legislative                                                               
Legal and  Research Services,  Legislative Affairs  Agency (LAA),                                                               
as  [one   of  the  drafters],  explained   that  under  Alaska's                                                               
Administrative Procedure  Act (APA),  all legislators  get notice                                                               
of proposed regulations,  and so if an  individual legislator has                                                               
an  interest in  a particular  proposed regulation  but is  not a                                                               
member  of one  of the  aforementioned legislative  bodies, under                                                               
other  provisions  of  existing  AS  24.20,  he/she  could  still                                                               
request a legal  opinion on the proposed  regulation, which would                                                               
then undergo a similar, confidential  review as that provided for                                                               
under AS 24.20.105.  In response  to a question about the phrase,                                                               
"consult with", as  used on page 1, lines 6  and 9, she explained                                                               
that  under current  law, when  conducting a  review of  proposed                                                               
regulations, Legislative  Legal and Research Services  is allowed                                                               
to discuss the proposed regulation  and the issues surrounding it                                                               
with  the Department  of Law  (DOL),  the requesting  legislative                                                               
body,  and  the state  agency  proposing  the regulatory  change.                                                               
Under the  bill, in conducting  a review of  proposed regulations                                                               
implementing  newly enacted  legislation,  Legislative Legal  and                                                               
Research  Services would  also be  able to  discuss those  things                                                               
with the sponsor of the enabling legislation.                                                                                   
                                                                                                                                
MS.  MUNSON  -  in  response   to  a  question  about  the  term,                                                               
"statutory  standards"  as  used   in  the  sponsor  statement  -                                                               
clarified   that  under   existing  AS   24.20.105(d)(1)-(3),  in                                                               
reviewing a  proposed regulation, Legislative Legal  and Research                                                               
Services   is    required   to   evaluate   the    legality   and                                                               
constitutionality of  the proposed regulation; whether  the state                                                               
agency  has  the  statutory  authority   to  adopt  the  proposed                                                               
regulation in  order to implement,  interpret, make  specific, or                                                               
otherwise  carry   out  a  statute;  and   whether  the  proposed                                                               
regulation is consistent with the applicable statutes.                                                                          
                                                                                                                                
MS. KIRSCH noted that during  such reviews, Legislative Legal and                                                               
Research Services  also evaluates  whether a  proposed regulation                                                               
is consistent  with legislative intent  - at  least in so  far as                                                               
such can be determined.                                                                                                         
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on HB 169.                                                                                     
                                                                                                                                
1:33:39 PM                                                                                                                    
                                                                                                                                
DEBORAH  BEHR,  Chief  Assistant  Attorney  General  -  Statewide                                                               
Section  Supervisor,  Legislation  & Regulations  Section,  Civil                                                               
Division  (Juneau),  Department  of  Law (DOL),  in  response  to                                                               
questions and  comments, indicated that the  existing limitations                                                               
under AS 24.20.105 regarding who  may request a Legislative Legal                                                               
and Research  Services' review of  a proposed regulation  and who                                                               
receives notification of the results  of such a review were meant                                                               
to  ensure that  a  review didn't  take  on a  life  of its  own,                                                               
particularly when  the proposed regulation  raised constitutional                                                               
issues.    She, too,  noted  that  under Alaska's  Administrative                                                               
Procedure  Act  (APA), all  legislators  get  notice of  proposed                                                               
regulations, and  that under  other provisions  of AS  24.20, any                                                               
legislator may  request a  review of  a proposed  regulation from                                                               
Legislative Legal and Research Services.                                                                                        
                                                                                                                                
CHAIR GATTO  indicated that he  is disinclined to  further expand                                                               
the bill's proposed list of who is notified of review results.                                                                  
                                                                                                                                
MS. KIRSCH,  in response to  a question, clarified that  the bill                                                               
is not proposing  to expand the list of who  can request a review                                                               
under   AS  24.20.105;   reiterated  aspects   of  Ms.   Munson's                                                               
explanation of  the bill;  and pointed out  that if  a legislator                                                               
isn't  specifically  entitled  under   AS  24.20.105  to  receive                                                               
notification  of the  results of  a review  conducted under  that                                                               
provision,  he/she   could  simply  ask  Legislative   Legal  and                                                               
Research Services to conduct a  review of the proposed regulation                                                               
under other provisions of AS 24.20.                                                                                             
                                                                                                                                
REPRESENTATIVE  KELLER expressed  favor with  keeping the  bill's                                                               
proposed list of  who may receive notification  of review results                                                               
under AS 24.20.105 as is.                                                                                                       
                                                                                                                                
1:40:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  moved to  report HB  169 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 169 was reported  from the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
The committee took an at-ease from 1:41 p.m. to 1:43 p.m.                                                                       
                                                                                                                                
                  SB 61 - 2011 REVISOR'S BILL                                                                               
                                                                                                                                
1:43:16 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
CS  FOR  SENATE  BILL  NO. 61(STA),  "An  Act  making  corrective                                                               
amendments to the  Alaska Statutes as recommended  by the revisor                                                               
of statutes; and providing for an effective date."                                                                              
                                                                                                                                
1:43:35 PM                                                                                                                    
                                                                                                                                
KATHRYN KURTZ,  Assistant Revisor of Statutes,  Legislative Legal                                                               
Counsel,  Legislative Legal  and  Research Services,  Legislative                                                               
Affairs  Agency   (LAA),  explained  that  revisor's   bills  are                                                               
prepared  annually to  correct or  remove deficiencies,  obsolete                                                               
provisions, and  conflicts in statute; and  that members' packets                                                               
contain a  sectional analysis of SB  61.  [Sections 6-8,  14, 23-                                                               
35, 39-40,  and 44  would amend various  provisions in  Titles 9,                                                               
18, 22,  24, 33, 36,  39-40, and  44] to create  uniformity among                                                               
the statutory  references to the  administrative director  of the                                                               
Alaska Court  System (ACS).   [Sections 1 and 36-37  would change                                                               
references in  AS 03.22.050  and AS 38.07]  to the  United States                                                               
Soil  Conservation Service,  to references  to the  United States                                                               
Department   of  Agriculture,   Natural  Resources   Conservation                                                               
Service,   to  reflect   a  1994   renaming   of  that   service.                                                               
Sections 42 and  45 would  amend references  to federal  laws [in                                                               
AS 42.06.430(7)(A)  and AS  45.68.120(a)] to  reflect renumbering                                                               
changes in those referenced federal  laws.  [Sections 10-12 would                                                               
remove  references in  AS 14.40.809(b)  and  AS 14.42.015(a)  and                                                               
(d)]  to  Sheldon Jackson  College  because  that institution  no                                                               
longer exists.                                                                                                                  
                                                                                                                                
MS. KURTZ explained that Sections  15, 18-19, and 41 would delete                                                               
obsolete,   and  therefore   unnecessary,   date  references   in                                                               
[provisions of AS  29, and in AS 42.04.080(b)].   Section 2 would                                                               
add  a  definition of  the  term,  "department"  in AS  08.02  to                                                               
clarify  that  as used  in  that  chapter,  that term  means  the                                                               
Department   of  Commerce,   Community  &   Economic  Development                                                               
(DCCED).    Section  9  would  make a  conforming  change  in  AS                                                               
14.07.020(a)(16)(B) by replacing the term,  "math" with the term,                                                               
"mathematics",  which  is the  term  used  elsewhere in  Alaska's                                                               
statutes.                                                                                                                       
                                                                                                                                
MS.  KURTZ,  in  response  to  a  question,  clarified  that  for                                                               
purposes  of   avoiding  the  use   of  a  split   infinitive  in                                                               
AS 14.40.809(b)(5),  [Section 10]  is also  proposing to  replace                                                               
the phrase, "to annually report  on", with the phrase, "to report                                                               
annually on".   In response to further  questions, she reiterated                                                               
that  [Sections  10-12]  are proposing  to  delete  the  obsolete                                                               
references  to  Sheldon  Jackson   College,  and  explained  that                                                               
although the  legislature could choose to  remove [Sections 10-12                                                               
of the  bill -  thereby leaving existing  AS 14.40.809(b)  and AS                                                               
14.42.015(a)  and  (d)  as  is] -  retaining  the  references  to                                                               
Sheldon Jackson  College could put  [the Board of Regents  of the                                                               
University of  Alaska and the Alaska  Commission on Postsecondary                                                               
Education]  in  the  difficult   position  of  being  statutorily                                                               
required  to   treat  with,  and  include   individuals  from,  a                                                               
nonexistent entity.   Should another private college  come to the                                                               
legislature's  attention  at  some point,  then  the  legislature                                                               
could  decide  at  that  time  whether  to  add  the  appropriate                                                               
statutory references via a substantive bill.                                                                                    
                                                                                                                                
CHAIR GATTO  indicated favor with  the bill's proposal  to delete                                                               
the  obsolete references  to Sheldon  Jackson College;  retaining                                                               
such  references   would  only   serve  to  mislead   people,  he                                                               
predicted.  In  response to a question, he pointed  out that even                                                               
if  the   legislature  was  already  considering   other  private                                                               
colleges, it couldn't insert statutory  references to any of them                                                               
via  SB 61  because SB  61 is  a revisor's  bill and  as such  is                                                               
precluded from proposing substantive changes.                                                                                   
                                                                                                                                
MS.  KURTZ,  in  response  to  comments,  ventured  that  perhaps                                                               
researching legislative  history could  provide insight  into the                                                               
reasoning behind  the initial inclusion of  references to Sheldon                                                               
Jackson College in AS 14.40.809(b) and AS 14.42.015(a) and (d).                                                                 
                                                                                                                                
2:00:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to  report  CSSB  61(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSSB  61(STA)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
The committee took an at-ease from 2:01 p.m. to 2:03 p.m.                                                                       
                                                                                                                                
               HB 171 - ARRESTS FOR MISDEMEANORS                                                                            
                                                                                                                                
2:03:41 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the final order of  business would be                                                               
HOUSE BILL NO. 171, "An  Act relating to arrests without warrants                                                               
by peace officers for certain misdemeanors."                                                                                    
                                                                                                                                
2:04:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES   made  a   motion  to   adopt  Conceptual                                                               
Amendment 1, which read [original punctuation provided]:                                                                        
                                                                                                                                
     Page 2, line 5                                                                                                             
          following "AS 11.41":                                                                                                 
               Insert "and there is reasonable cause to                                                                         
     believe   arrest  without   warrant   is  a   practical                                                                    
     necessity  to prevent  imminent  physical  harm to  the                                                                    
     public"                                                                                                                    
                                                                                                                                
CHAIR GATTO objected.                                                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES ventured that  Conceptual Amendment 1 would                                                               
address the  concerns raised  during HB  171's last  hearing that                                                               
the  bill would  allow  warrantless arrests  for all  misdemeanor                                                               
offenses against a  person, even very low-level  offenses such as                                                               
reckless endangerment, and those  wherein no additional danger to                                                               
the public exists if someone isn't arrested.                                                                                    
                                                                                                                                
2:07:30 PM                                                                                                                    
                                                                                                                                
KENDRA KLOSTER,  Staff, Representative Cathy Munoz,  Alaska State                                                               
Legislature,  on  behalf  of  Representative  Munoz,  sponsor  of                                                               
HB 171  by request,  in response  to a  question, indicated  that                                                               
many  other  states   do  allow,  to  some   degree  or  another,                                                               
warrantless  arrests for  certain misdemeanor  offenses committed                                                               
outside the  presence of an  officer.  The sponsor,  she relayed,                                                               
feels  that when  a person  [poses  a danger  to others,]  he/she                                                               
should be  removed from the [vicinity].   Similar to the  laws in                                                               
some  other  states,  HB  171  would  only  apply  in  situations                                                               
involving  a misdemeanor  offense against  a person.   She  noted                                                               
that members'  packets contain a memorandum  by Legislative Legal                                                               
and   Research   Services   detailing  the   specifics   of   the                                                               
warrantless-arrest authority granted in other states.                                                                           
                                                                                                                                
REPRESENTATIVE   KELLER   expressed   concern   that   Conceptual                                                               
Amendment  1 wouldn't  actually narrow  the bill  much, and  that                                                               
insufficiently-trained law  enforcement officers could  still end                                                               
up abusing the arrest authority granted by the bill.                                                                            
                                                                                                                                
MS. KLOSTER relayed that the concept  of HB 171 was brought forth                                                               
by  the  Juneau  Police  Department (JPD),  and  that  other  law                                                               
enforcement organizations  throughout Alaska have  also requested                                                               
the type  of warrantless-arrest authority the  bill would provide                                                               
for.   The  goal, however,  is  to sufficiently  narrow the  bill                                                               
while  still giving  law enforcement  officers  an adequate  tool                                                               
with which to address situations  that involve imminent danger to                                                               
the public.   She offered  her understanding, and hope,  that law                                                               
enforcement officers  already receive  the training  necessary to                                                               
make  determinations about  whether  there is  probable cause  to                                                               
make an arrest  and whether the behavior  in question constitutes                                                               
an offense against a person.                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT expressed  concern  that the  warrantless-                                                               
arrest authority being granted by  the bill would still be abused                                                               
regardless of the training law enforcement officers receive.                                                                    
                                                                                                                                
2:15:51 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,  Director,   Central  Office,  Public  Defender                                                               
Agency (PDA), Department of Administration  (DOA), in response to                                                               
a question,  paraphrased portions of AS  11.41.250, AS 11.41.230,                                                               
and AS  11.41.220 to  illustrate what  kinds of  activities could                                                               
constitutes the misdemeanor crime  of reckless endangerment, what                                                               
kinds  of activities  could constitute  the misdemeanor  crime of                                                               
assault in the fourth degree,  and what kinds of activities could                                                               
constitute the felony crime of assault in the third degree.                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  [speaking  as   a  former  law  enforcement                                                               
officer]  opined that  police officers  are already  cognizant of                                                               
the   substantial  consequences   of  making   a  false   arrest,                                                               
particularly given  that anytime  they are called  to a  scene or                                                               
come  across a  situation, they  are faced  with the  decision of                                                               
whether  or not  to  arrest somebody  -  such decision-making  is                                                               
already part of their job.                                                                                                      
                                                                                                                                
MR. STEINER,  in response to  a question, said that  the language                                                               
of Conceptual Amendment  1 does appear to  "reduce the discretion                                                               
in a definable way, to kind of  mimic what the other parts of ...                                                               
[AS 12.25.030(b)] are  getting at, which is  inferred exigency or                                                               
some necessary  reason for concluding  that if  something doesn't                                                               
happen  now,  the public's  at  risk";  in so  doing,  Conceptual                                                               
Amendment  1 somewhat  targets one  of the  concerns he  has with                                                               
HB 171.   He pointed  out, however, that  a police  officer would                                                               
still have  to make  a judgment call  regarding whether,  at that                                                               
moment,  there's a  practical reason  for trying  to control  the                                                               
situation by making an arrest.   Furthermore, because there is no                                                               
statutory  time limit  by  which  the state  must  act to  indict                                                               
someone arrested  for a misdemeanor  offense, such cases  tend to                                                               
go on  quite a bit longer  without judicial or state  review than                                                               
what occurs with a felony case,  which, by statute, must be acted                                                               
upon  within   10  days  of   the  person  being  put   in  jail.                                                               
Theoretically,  therefore,  adoption  of Conceptual  Amendment  1                                                               
would  limit the  proposed warrantless-arrest  authority to  only                                                               
those  situations in  which there  is  a physical  danger to  the                                                               
public if  someone isn't arrested, thereby  mitigating the bill's                                                               
potential   to  further   increase  law   enforcement's  already-                                                               
substantial misdemeanor workload.                                                                                               
                                                                                                                                
REPRESENTATIVE  HOLMES   -  in  response   to  questions/comments                                                               
regarding Conceptual  Amendment 1's use of  the phrase, "imminent                                                               
physical  harm to  the  public"  - indicated  that  she would  be                                                               
amenable to  replacing that language  with the  phrase, "imminent                                                               
physical harm to a person".                                                                                                     
                                                                                                                                
2:23:36 PM                                                                                                                    
                                                                                                                                
GERALD  LUCKHAUPT,  Assistant  Revisor of  Statutes,  Legislative                                                               
Legal   Counsel,  Legislative   Legal   and  Research   Services,                                                               
Legislative  Affairs Agency  (LAA),  as the  drafter  of HB  171,                                                               
concurred that  Conceptual Amendment 1 would  narrow the [arrest]                                                               
discretion  that   would  be  available   under  the   bill,  and                                                               
acknowledged  that  in   some  situations  involving  misdemeanor                                                               
offenses  against  a  person,  law  enforcement  officers  simply                                                               
aren't going  to be able to  show that physical harm  would occur                                                               
absent an  immediate arrest.  He  added that he would  be able to                                                               
draft   appropriate    replacement   language    for   Conceptual                                                               
Amendment 1.  In  response to questions and  comments, he offered                                                               
his  understanding that  the fact  of an  arrest does  stay on  a                                                               
person's  record  even  if  he/she   isn't  convicted;  that  for                                                               
purposes of  the criminal justice  system, juveniles  are treated                                                               
differently than  adults and by  statute cannot be held  in adult                                                               
jails;  that law  enforcement officers  must still  have probable                                                               
cause to  make an arrest  regardless of  what the offense  is and                                                               
HB 171 wouldn't  change that;  and that  with the  other offenses                                                               
for which law enforcement officers  are already permitted to make                                                               
a  warrantless  arrest without  having  witnessed  the offense  -                                                               
whether felony or misdemeanor -  officers are already making such                                                               
probable-cause determinations.   In conclusion, he  surmised that                                                               
law  enforcement officers'  responsibility to  make good  choices                                                               
and apply their training would  somewhat increase under the bill,                                                               
which currently  addresses seven  misdemeanor offenses  against a                                                               
person.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  KELLER indicated  that  he'd  been considering  a                                                               
conceptual amendment  that would  allow for a  warrantless arrest                                                               
for  the  crimes addressed  by  the  bill  [only] if  the  victim                                                               
expressed or claimed  fear of being in imminent  danger absent an                                                               
arrest of the alleged perpetrator.                                                                                              
                                                                                                                                
REPRESENTATIVE  PRUITT,  referring   to  testimony  heard  during                                                               
HB 171's  last  hearing,  offered   his  understanding  that  law                                                               
enforcement  officers  are in  favor  of  the bill  because  they                                                               
believe  that  their  current inability  to  make  a  warrantless                                                               
arrest  for   certain  misdemeanor  offenses  against   a  person                                                               
committed outside their presence does  put the public in imminent                                                               
danger.                                                                                                                         
                                                                                                                                
CHAIR GATTO,  in response  to a  question, surmised  that [having                                                               
the  warrantless-arrest authority  proposed by  the bill  for the                                                               
misdemeanor  offenses outlined  therein] would  better allow  law                                                               
enforcement  officers to  put  end to  whatever  crisis they  are                                                               
responding to.                                                                                                                  
                                                                                                                                
REPRESENTATIVE PRUITT indicated disfavor  with the bill's current                                                               
language.                                                                                                                       
                                                                                                                                
CHAIR GATTO  relayed that  HB 171  would be  held over  [with the                                                               
motion to adopt Conceptual Amendment 1 left pending].                                                                           
                                                                                                                                
2:37:28 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
HB169 Sponsor Statement 03-08-11.pdf HJUD 3/28/2011 1:00:00 PM
HB 169
HB169 Version A 02-23-11.pdf HJUD 3/28/2011 1:00:00 PM
HB 169
HB169 Relevant Statutes 24.20.105.pdf HJUD 3/28/2011 1:00:00 PM
HB 169
HB169 Fiscal Note-LEG-COU 03-10-2011.pdf HJUD 3/28/2011 1:00:00 PM
HB 169
HB169 Supporting Documents-Memo Legal Services 02-18-11.pdf HJUD 3/28/2011 1:00:00 PM
HB 169
SB61 Sectional Analysis 03-21-11.pdf HJUD 3/28/2011 1:00:00 PM
SB 61
SB61 Version B 01-24-11.pdf HJUD 3/28/2011 1:00:00 PM
SB 61
SB61 CS (STA) Version I 02-21-11.pdf HJUD 3/28/2011 1:00:00 PM
SB 61