Legislature(2011 - 2012)CAPITOL 120

03/14/2012 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 50 ACCESS TO LICENSED PREMISES TELECONFERENCED
Heard & Held
+ HB 128 BAN CELL PHONE USE BY MINORS WHEN DRIVING TELECONFERENCED
Moved CSHB 128(TRA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 359 SEX CRIMES; TESTIMONY BY VIDEO CONFERENCE TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 14, 2012                                                                                         
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Gatto, Chair                                                                                                
Representative Wes Keller                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Lance Pruitt                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
Representative Mike Hawker (alternate)                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Steve Thompson, Vice Chair                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 50                                                                                                               
"An  Act relating  to the  purchase of  alcoholic beverages  at a                                                               
club and to access by certain persons  under 21 years of age to a                                                               
club's licensed premises when alcoholic beverages are present."                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 128                                                                                                              
"An Act  relating to prohibiting  the use of  cellular telephones                                                               
by  minors when  driving  motor vehicles;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 128(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 359                                                                                                              
"An Act  relating to  conspiracy to  commit human  trafficking in                                                               
the  first  degree  or  sex  trafficking  in  the  first  degree;                                                               
relating to the crime of  furnishing indecent material to minors,                                                               
the  crime  of  online  enticement  of  a  minor,  the  crime  of                                                               
prostitution,  and  the crime  of  sex  trafficking; relating  to                                                               
forfeiture of  property used  in prostitution  offenses; relating                                                               
to  sex offender  registration;  relating to  testimony by  video                                                               
conference;   adding  Rule   38.3,  Alaska   Rules  of   Criminal                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 50                                                                                                                   
SHORT TITLE: ACCESS TO LICENSED PREMISES                                                                                        
SPONSOR(S): REPRESENTATIVE(S) SADDLER                                                                                           
                                                                                                                                
01/18/11       (H)       PREFILE RELEASED 1/7/11                                                                                
01/18/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/11       (H)       L&C, JUD                                                                                               
04/04/11       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/04/11       (H)       Moved Out of Committee                                                                                 
04/04/11       (H)       MINUTE(L&C)                                                                                            
04/05/11       (H)       L&C RPT 5DP 2NR                                                                                        
04/05/11       (H)       DP:    CHENAULT,   THOMPSON,    SADDLER,                                                               
                         JOHNSON, OLSON                                                                                         
04/05/11       (H)       NR: HOLMES, MILLER                                                                                     
03/14/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 128                                                                                                                  
SHORT TITLE: BAN CELL PHONE USE BY MINORS WHEN DRIVING                                                                          
SPONSOR(S): REPRESENTATIVE(S) GARDNER                                                                                           
                                                                                                                                
01/28/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/28/11       (H)       TRA, JUD                                                                                               
03/01/11       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
03/01/11       (H)       Heard & Held                                                                                           
03/01/11       (H)       MINUTE(TRA)                                                                                            
02/16/12       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
02/16/12       (H)       Heard & Held                                                                                           
02/16/12       (H)       MINUTE(TRA)                                                                                            
03/01/12       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
03/01/12       (H)       Moved CSHB 128(TRA) Out of Committee                                                                   
03/01/12       (H)       MINUTE(TRA)                                                                                            
03/02/12       (H)       TRA RPT CS(TRA) 2DP 2DNP 1NR 1AM                                                                       
03/02/12       (H)       DP: MUNOZ, GRUENBERG                                                                                   
03/02/12       (H)       DNP: JOHNSON, PRUITT                                                                                   
03/02/12       (H)       NR: PETERSEN                                                                                           
03/02/12       (H)       AM: P.WILSON                                                                                           
03/14/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 359                                                                                                                  
SHORT TITLE: SEX CRIMES; TESTIMONY BY VIDEO CONFERENCE                                                                          
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/22/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/12       (H)       JUD, FIN                                                                                               
03/05/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/05/12       (H)       Heard & Held                                                                                           
03/05/12       (H)       MINUTE(JUD)                                                                                            
03/14/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE DAN SADDLER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 50.                                                                                        
                                                                                                                                
SHIRLEY GIFFORD, Director                                                                                                       
Alcoholic Beverage Control Board ("ABC Board")                                                                                  
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 50.                                                                        
                                                                                                                                
REPRESENTATIVE BERTA GARDNER                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 128.                                                                                       
                                                                                                                                
RODNEY DIAL, Lieutenant, Deputy Commander                                                                                       
A Detachment                                                                                                                    
Division of Alaska State Troopers                                                                                               
Department of Public Safety (DPS)                                                                                               
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions during discussion of                                                              
HB 128.                                                                                                                         
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section                                                                                                          
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As the presenter, responded to questions                                                                 
during discussion of HB 359.                                                                                                    
                                                                                                                                
KATHRYN MONFREDA, Chief                                                                                                         
Criminal Records and Identification Bureau                                                                                      
Division of Statewide Services                                                                                                  
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions during discussion of                                                              
HB 359.                                                                                                                         
                                                                                                                                
RODNEY DIAL, Lieutenant, Deputy Commander                                                                                       
A Detachment                                                                                                                    
Division of Alaska State Troopers                                                                                               
Department of Public Safety (DPS)                                                                                               
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:   Responded  to a question  during discussion                                                             
of HB 359.                                                                                                                      
                                                                                                                                
DAVID SCHADE, Director                                                                                                          
Division of Statewide Services                                                                                                  
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Responded  to a question  during discussion                                                             
of HB 359.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:33 PM                                                                                                                    
                                                                                                                                
CHAIR CARL  GATTO called the  House Judiciary  Standing Committee                                                             
meeting to  order at  1:02 p.m.   Representatives  Gatto, Keller,                                                               
Gruenberg, Lynn, and Hawker (alternate)  were present at the call                                                               
to  order.   Representatives  Pruitt and  Holmes  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
              HB 50 - ACCESS TO LICENSED PREMISES                                                                           
                                                                                                                                
1:02:53 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the first order of  business would be                                                               
HOUSE BILL NO. 50, "An Act  relating to the purchase of alcoholic                                                               
beverages at  a club and  to access  by certain persons  under 21                                                               
years  of  age  to  a club's  licensed  premises  when  alcoholic                                                               
beverages are present."                                                                                                         
                                                                                                                                
1:03:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAN SADDLER,  Alaska State  Legislature, sponsor,                                                               
referred to HB 50 as an  "access" bill, and assured the committee                                                               
that  the bill  wouldn't allow  anyone  under age  21 to  consume                                                               
alcohol legally.  [Section 1 of]  HB 50, he proffered, would make                                                               
it easier for  military personnel to "enjoy  companionship in the                                                               
clubhouses of  service and  patriotic organizations"  by removing                                                               
the  language in  AS 04.11.110(d)  which stipulates  that active-                                                               
duty  military personnel  may purchase  alcoholic beverages  sold                                                               
under a club license only  on special occasions when extended the                                                               
privilege  by patriotic  organizations;  specifically, Section  1                                                               
would   delete  the   phrase,  "upon   special  occasions"   from                                                               
AS 04.11.110(d)(3).   He indicated a  belief that  this provision                                                               
would  only apply  to those  active-duty military  personnel "who                                                               
are over  the age of  21."  [Section 2  of] HB 50,  he proffered,                                                               
would  allow  active-duty  military  personnel under  age  21  to                                                               
access the premises of patriotic  organizations licensed as clubs                                                               
under AS  04.11.110 if  such personnel are  guests or  members of                                                               
the   club;   specifically,   Section   2   would   delete   from                                                               
AS 04.11.110(g)  the [exclusionary]  reference  to AS  04.16.049,                                                               
and would  add to AS  04.11.110(g)(2) the  words, "is a  guest or                                                           
member  of the  club  and".   He  indicated  a  belief that  this                                                           
provision  would   not  allow  [underage]   active-duty  military                                                               
personnel to consume alcohol.                                                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER  offered his understanding  that excluding                                                               
underage  active-duty  military  personnel from  such  clubs  can                                                               
erode  "unit" cohesion  and  reduce morale.    In conclusion,  he                                                               
reiterated that  HB 50 won't allow  underage active-duty military                                                               
personnel to  consume alcohol legally, additionally  offering his                                                               
belief that  the bill simply clarifies  that active-duty military                                                               
personnel "over  21" don't  have to wait  for a  special occasion                                                               
[to purchase  alcohol served  under the  club license],  and that                                                               
underage  active-duty  military  personnel  can  visit  patriotic                                                               
clubs if they are members or guests.                                                                                            
                                                                                                                                
1:05:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER, in  response to  questions, said  that a                                                               
person  must  be at  least  17  years of  age  to  enlist in  the                                                               
military,  and, if  not yet  18 years  of age,  must also  obtain                                                               
permission  from  his/her  parent  or guardian;  and  that  under                                                               
Alaska law, anyone under the age of  21 may enter and remain in a                                                               
licensed premises if  accompanied by a parent, a  guardian, [or a                                                               
spouse who is at least 21 years of age].                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG questioned why Section  2 of the bill is                                                               
proposing  to  delete  from AS  04.11.110(g)  the  [exclusionary]                                                               
reference to  AS 04.16.049; noted  that the bill  doesn't address                                                               
spouses  of active-duty  military personnel;  and suggested  that                                                               
the bill be changed to also apply to such spouses.                                                                              
                                                                                                                                
REPRESENTATIVE SADDLER replied:                                                                                                 
                                                                                                                                
     Much of the justification for  this, as presented to me                                                                    
     by the  [Veterans of Foreign  Wars (VFW)], was  for the                                                                    
     purpose  of allowing  younger-aged  soldiers to  attend                                                                    
     clubs,  meetings,  that  were   unit  based,  and  that                                                                    
     basically [were] an off-duty kind  of unit call.  I had                                                                    
     not  considered whether  spouses would  be included  in                                                                    
     that,  or whether  it would  be important  for them  to                                                                    
     attend  privately. ...  I would  be  glad to  entertain                                                                    
     that kind of amendment ....                                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES  - with regard  to Section 2's  proposal to                                                               
delete  from  AS  04.11.110(g) the  [exclusionary]  reference  to                                                               
AS 04.16.049  -  explained that  doing  so  is necessary  because                                                               
Section 3 of HB  50 is proposing to add to  AS 04.16.049(a) a new                                                               
paragraph (4) specifying that a person  under 21 years of age may                                                               
enter or remain in a licensed  premises if he/she is permitted to                                                               
do so  under AS  04.11.110(g), which, again,  under the  bill, is                                                               
being  altered to  provide just  such an  allowance for  underage                                                               
active-duty military personnel  who are guests or  members of the                                                               
club.                                                                                                                           
                                                                                                                                
1:10:41 PM                                                                                                                    
                                                                                                                                
SHIRLEY  GIFFORD,  Director,  Alcoholic  Beverage  Control  Board                                                               
("ABC  Board"),  Department  of Public  Safety  (DPS),  said  she                                                               
understands  the desire  to maintain  relations between  military                                                               
personnel,  and,  having  been  "pretty   much  raised  up  in  a                                                               
paramilitary organization,"  how important having the  ability to                                                               
socialize with  other members  is to  camaraderie.   However, she                                                               
warned, HB  50 would  be very,  very difficult  to enforce.   And                                                               
although  the  bill  wouldn't allow  underage  persons  to  drink                                                               
alcohol  legally,  exposing  them  to an  environment  [in  which                                                               
everyone  else is  drinking] could  result in  them drinking  too                                                               
regardless that  doing so would be  illegal.  Alaska has  over 80                                                               
clubs of  the type addressed by  the bill, but the  ABC Board has                                                               
only  5 investigators,  and sometimes  obtaining  access to  such                                                               
clubs for  purposes of inspection/enforcement  is difficult.   On                                                               
that  issue,  she noted  that  a  couple  of  years ago  she  had                                                               
suggested that the ABC Board be  issued a card granting it access                                                               
to such clubs  for inspection purposes - to  ensure that underage                                                               
persons are not  being provided alcohol - but  the suggestion was                                                               
turned down.   In  conclusion, she  said, "I  think that  this is                                                               
going to be  very difficult, I think it  exposes underage persons                                                               
to a  dangerous product -  a legal  product, but a  dangerous one                                                               
nonetheless - and I am in opposition of this bill."                                                                             
                                                                                                                                
CHAIR   GATTO  acknowledged   that   perhaps  underage   military                                                               
personnel could be  provided alcohol in such a  club, but pointed                                                               
out that  if the changes proposed  by HB 50 don't  work out, then                                                               
the law could be changed again later.                                                                                           
                                                                                                                                
REPRESENTATIVE LYNN  disclosed that  he is a  member of  a couple                                                               
such  clubs,  and  characterized   their  environments  as  being                                                               
"pretty darn good."                                                                                                             
                                                                                                                                
REPRESENTATIVE SADDLER,  in response  to a question,  offered his                                                               
understanding that in such clubs,  non-members are not allowed to                                                               
order anything.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG disclosed  that he, too, is  a member of                                                               
such a club.                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER,  in response  to questions  and comments,                                                               
explained that although  the bill is not specific  with regard to                                                               
the location  of any such clubs,  it is proposing changes  to the                                                               
language in  both AS 04.11.110(d)(3) and  AS 04.11.110(g)(2) that                                                               
specifically   addresses  patriotic   organizations  which   sell                                                               
alcohol  under   a  club  license.     He  added   that  existing                                                               
AS 04.11.110(b)  specifies what  types of  entities could  obtain                                                               
such a club license.                                                                                                            
                                                                                                                                
1:20:14 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on HB 50.                                                                                      
                                                                                                                                
REPRESENTATIVE  HAWKER characterized  Ms.  Gifford's comments  as                                                               
offensive.                                                                                                                      
                                                                                                                                
MS.   GIFFORD,   in   response   to   questions,   relayed   that                                                               
AS 04.11.110(b) reads in part:                                                                                                  
                                                                                                                                
          (b) A club license may only be issued to a club,                                                                      
     fraternal  organization,   patriotic  organization,  or                                                                    
     social organization  that has  been (1) chartered  by a                                                                    
     state  or national  organization  for a  period of  two                                                                    
     consecutive  years  before  application for  a  license                                                                    
     under  this section;  or (2)  chartered  by a  national                                                                    
     organization   and   the  national   organization   has                                                                    
     maintained a chartered club  or organization within the                                                                    
     state for a period of at least 20 years.                                                                                   
                                                                                                                                
MS. GIFFORD added  that that statute does  not differentiate with                                                               
regard to  such a club's  physical location, and  reiterated that                                                               
there are  80 such  clubs in  Alaska.  In  response to  a further                                                               
question,  she  noted  that AS  04.11.250  pertains  to  two-year                                                               
conditional contractors' permits, which  address the sale of beer                                                               
and wine on military and naval reservations.                                                                                    
                                                                                                                                
1:25:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt a  conceptual                                                               
amendment, "to expand the bill  to include the spouses of active-                                                               
duty  military  personnel if  they  meet  the other  requirements                                                               
here,  and that  would mean  that they  must be  accompanying the                                                               
military personnel and be a guest of the member of the club."                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG, in response  to comments and questions,                                                               
indicated that  he would be withdrawing  his conceptual amendment                                                               
until it could be drafted  properly; pointed out that Section 1's                                                               
proposed AS  04.11.110(d) doesn't  currently address  the spouses                                                               
of  guests of  club  members;  and clarified  that  he wants  the                                                               
permissions  that  HB  50 would  grant  to  active-duty  military                                                               
personnel to also  be granted to their  spouses when accompanying                                                               
them.                                                                                                                           
                                                                                                                                
CHAIR GATTO relayed that HB 50 would be held over.                                                                              
                                                                                                                                
       HB 128 - BAN CELL PHONE USE BY MINORS WHEN DRIVING                                                                   
                                                                                                                                
1:30:02 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 128, "An Act  relating to prohibiting the  use of                                                               
cellular telephones  by minors when  driving motor  vehicles; and                                                               
providing  for an  effective date."   [Before  the committee  was                                                               
CSHB 128(TRA).]                                                                                                                 
                                                                                                                                
1:30:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BERTA GARDNER,  Alaska State Legislature, sponsor,                                                               
explained that  HB 128 would make  it illegal for a  person under                                                               
18 years of age to use  a cellular telephone ("cell phone") while                                                               
driving a motor vehicle [on a  highway or vehicular way or area];                                                               
in terms of  enforcement, the bill does not  provide an exemption                                                               
for  the  use  of  "hands-free"  cell  phone  technology,  and  a                                                               
violation  would   be  a  secondary  offense   [resulting  in  an                                                               
infraction punishable  under AS 28.90.010].   The hope  with this                                                               
legislation, she indicated, is to ban  cell phone use by the very                                                               
youngest of  Alaska's drivers,  those who  - statistically  - are                                                               
the least experienced, are more  easily distracted, and are "most                                                               
commonly"  involved in  motor vehicle  accidents  that result  in                                                               
serious physical  injury or  death.   Members' packets  include a                                                               
letter from  the lobbyist  for State  Farm Insurance  Companies -                                                               
Lessmeier &  Winters, LLC - that  posits passage of HB  128 would                                                               
result  in  an  immediate  saving  of  lives  and  prevention  of                                                               
injuries; insurance  companies, she  surmised, keep  current with                                                               
regard to what factors increase the  risks of driving so as to be                                                               
able to set their insurance rates accordingly.                                                                                  
                                                                                                                                
REPRESENTATIVE  GARDNER  noted  that according  to  that  letter,                                                               
drivers between the ages of 16  and 19 are four times more likely                                                               
to be  involved in a motor  vehicle accident; one in  five of all                                                               
automobile deaths  is attributed  to "teen driving";  the leading                                                               
causes of "teen accidents"  include inexperience and distraction;                                                               
and  a recent  study indicates  that  nine out  of ten  teenagers                                                               
[report  that  "teen  use"  of  cell  phones  while  driving  was                                                               
common],  and that  seven  out  of ten  teenagers  say they  have                                                               
observed other  teenagers driving  and using  a cell  phone while                                                               
being emotionally  upset.   Fiscal notes  from the  Department of                                                               
Law (DOL)  and the Department  of Public Safety (DPS)  state that                                                               
HB 128 would  have no fiscal impact.  Regardless  that some would                                                               
argue common sense can't be  legislated, and regardless that that                                                               
might be true, the point is  that drivers who are distracted pose                                                               
a danger  to others  on the road.   In  conclusion, acknowledging                                                               
that there is not  yet support for a ban on  cell phone use while                                                               
driving for  all drivers,  she expressed her  hope that  HB 128's                                                               
proposed ban for Alaska's youngest drivers would be supported.                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER  added that  in her  household, she,  as a                                                               
parent, banned  the use of  cell phones while  driving, surmising                                                               
that  other parents  might appreciate  being able  to tell  their                                                               
children that the law forbids such behavior.                                                                                    
                                                                                                                                
1:34:25 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  characterized passing HB  128 as the right  thing to                                                               
do, and  pointed out that the  behavior of driving while  using a                                                               
cell  phone  doesn't  just  impact the  driver  -  such  behavior                                                               
instead impacts  everyone on  the road.   He expressed  his hope,                                                               
however,  that  the  proposed  ban  wouldn't  at  some  point  be                                                               
expanded to  include the use  of all  cell phones by  all drivers                                                               
while driving.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LYNN  acknowledged that as currently  written, the                                                               
bill is targeting  a group of drivers that have  a higher rate of                                                               
accidents than  other groups, but  expressed concern that  if the                                                               
bill is passed, other groups  of people would eventually be added                                                               
to the  list of those  who would be  precluded from using  a cell                                                               
phone while driving.                                                                                                            
                                                                                                                                
REPRESENTATIVE  KELLER indicated  a concern  with precluding  the                                                               
use of cell phones while driving.                                                                                               
                                                                                                                                
REPRESENTATIVE  GARDNER, in  response  to  comments, pointed  out                                                               
that teenagers,  disproportionately, use  cellphones more  and do                                                               
so more  often while driving,  and are therefore dying  at higher                                                               
rates  because  of  it.    She  offered  her  understanding  that                                                               
statistics  included  in  members' packets  illustrate  that  the                                                               
crash fatality  rate is  highest for  16- and  17-year-olds; that                                                               
the crash fatality rate for 16-  to 20-year-olds is twice as high                                                               
as that  for other ages;  that approximately two-thirds  of motor                                                               
vehicle accidents resulting in the  death of a passenger involved                                                               
a teenage driver;  and that the overwhelming  majority of crashes                                                               
involving teenage  drivers were  due to  the driver's  failure to                                                               
employ  safe driving  practices, failure  to recognize  risk, and                                                               
deliberate risk-taking.   Other  information in  members' packets                                                               
indicates that ever since California,  in 2008, banned the use of                                                               
"hand-held"  cell  phones while  driving,  there  has been  a  47                                                               
percent decrease  in the number of  fatal motor-vehicle accidents                                                               
resulting from the use of a cell phone.                                                                                         
                                                                                                                                
1:41:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER, regarding  the  argument  that having  a                                                               
conversation with  someone in  the car  can also  be distracting,                                                               
pointed out  that at  least the  person in the  car can  help the                                                               
driver   become  aware   of  potentially   dangerous  situations.                                                               
Furthermore, [studies] indicate that  a person's brain is engaged                                                               
in a  different manner  when speaking to  someone over  the phone                                                               
than it is when speaking to someone face-to-face.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES said she supports HB 128.                                                                                 
                                                                                                                                
REPRESENTATIVE GARDNER, in response  to questions, indicated that                                                               
the terms, "highway"  and "vehicular way or area"  as those terms                                                               
are used  in HB  128 are  both already  defined in  statute under                                                               
AS 28.90.990(a)(13)  and  (30); those  provisions,  respectively,                                                               
read:                                                                                                                           
                                                                                                                                
          (13) "highway" means the entire width between the                                                                     
     boundary   lines  of   every  way   that  is   publicly                                                                    
     maintained when a part of it  is open to the public for                                                                    
     purposes  of   vehicular  travel,  including   but  not                                                                    
     limited  to every  street and  the Alaska  state marine                                                                    
     highway system but not vehicular ways or areas;                                                                            
                                                                                                                                
          (30) "vehicular way or area" means a way, path,                                                                       
     or  area, other  than  a highway  or private  property,                                                                    
     that is designated by  official traffic control devices                                                                    
     or customary usage  and that is open to  the public for                                                                    
     purposes of  pedestrian or vehicular travel,  and which                                                                    
     way or  area may be  restricted in use  to pedestrians,                                                                    
     bicycles,  or  other  specific  types  of  vehicles  as                                                                    
     determined by the Department of  Public Safety or other                                                                    
     agency  having  jurisdiction  over the  way,  path,  or                                                                    
     area.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HOLMES -  in response  to questions  and comments                                                               
regarding  CSHB 128(TRA)'s  specific  effective date  of July  1,                                                               
2012 -  noted that bills  proposing to change  Alaska's [criminal                                                               
statutes] generally contain a specific effective date of July 1.                                                                
                                                                                                                                
1:44:43 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS), in response to a question,  explained that under HB 128 as                                                               
currently written, if law enforcement  officers were to witness a                                                               
minor using a cell phone while  driving, because it would only be                                                               
a  secondary  offense,  they  could either  look  for  a  primary                                                               
offense for which to pull the  driver over, or they could contact                                                               
the driver later  on and inform him/her that  he/she was engaging                                                               
in  illegal  behavior.    He  warned  that  the  ability  of  law                                                               
enforcement officers to  enforce the bill could be  limited if it                                                               
remains a secondary offense.   In response to other questions, he                                                               
explained that  the penalties for  infractions are  generally set                                                               
by  the court,  and  could involve  a  fine of  up  to $300;  and                                                               
indicated that  providing for  a specific  effective date  can be                                                               
helpful in  terms of giving  the administration adequate  time to                                                               
inform the public about changes in the law.                                                                                     
                                                                                                                                
REPRESENTATIVE   HOLMES,  in   response   to  another   question,                                                               
expressed  a   preference  for  retaining  the   bill's  specific                                                               
effective date of July 1, 2012.                                                                                                 
                                                                                                                                
REPRESENTATIVE GARDNER,  in response  to an  additional question,                                                               
relayed that although  she would be amenable to  providing for an                                                               
even later specific  effective date, any such  delay could result                                                               
in more children being killed than  if the proposed law goes into                                                               
effect as soon as possible.                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER  sought   clarification  that  the  bill's                                                               
proposed  ban would  only apply  in  situations involving  moving                                                               
vehicles, not stationary ones.                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER said that's correct.                                                                                     
                                                                                                                                
LIEUTENANT DIAL concurred.                                                                                                      
                                                                                                                                
REPRESENTATIVE HAWKER  reported that approximately 80  percent of                                                               
his constituents that responded to  a district survey he sent out                                                               
were in  favor of restricting  cell phone use while  driving, and                                                               
thus he  would be  voting in  favor of HB  128 regardless  of his                                                               
personal feelings about it.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  that the  bill be  clarified                                                               
with regard  to whether it also  applies to the use  a cell phone                                                               
while stopped at  a stop sign/light; and  questioned whether they                                                               
should amend  the bill to  address future technology,  perhaps by                                                               
adding the  phrase, "or  similar device"  wherever the  bill uses                                                               
the term, "cellular telephone".                                                                                                 
                                                                                                                                
REPRESENTATIVE GARDNER,  on the latter point,  expressed disfavor                                                               
with changing the bill in that fashion.                                                                                         
                                                                                                                                
2:01:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  moved  to  report CSHB  128(TRA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal notes.                                                                                                              
                                                                                                                                
CHAIR GATTO said, "I'm sure there is an objection."                                                                             
                                                                                                                                
A roll call  vote was taken.   Representatives Gruenberg, Holmes,                                                               
Hawker  (alternate), and  Gatto  voted in  favor  of the  motion.                                                               
Representatives  Lynn,  Keller,  and  Pruitt  voted  against  it.                                                               
Therefore, CSHB  128(TRA) was reported  from the  House Judiciary                                                               
Standing Committee by a vote of 4-3.                                                                                            
                                                                                                                                
       HB 359 - SEX CRIMES; TESTIMONY BY VIDEO CONFERENCE                                                                   
                                                                                                                                
2:02:30 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the final order of  business would be                                                               
HOUSE  BILL NO.  359, "An  Act relating  to conspiracy  to commit                                                               
human trafficking in  the first degree or sex  trafficking in the                                                               
first  degree;  relating  to the  crime  of  furnishing  indecent                                                               
material to  minors, the crime  of online enticement of  a minor,                                                               
the  crime of  prostitution, and  the crime  of sex  trafficking;                                                               
relating  to   forfeiture  of   property  used   in  prostitution                                                               
offenses;  relating to  sex  offender  registration; relating  to                                                               
testimony by video conference; adding  Rule 38.3, Alaska Rules of                                                               
Criminal Procedure; and providing for an effective date."                                                                       
                                                                                                                                
2:04:17 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal  Division, Department of Law  (DOL), noted that                                                               
she'd  described  the  provisions  of  HB  359  during  its  last                                                               
hearing,  and,   in  response  to  a   question,  explained  that                                                               
AS 11.66.110  -  currently  addressing  the  crime  of  promoting                                                               
prostitution in the  first degree, and which Sections 7  and 8 of                                                               
the  bill  would change  to  instead  address  the crime  of  sex                                                               
trafficking in  the first degree  - stipulates that  a reasonable                                                               
mistake as to  the age of the  victim is not a  defense; and that                                                               
this  is similar  to  the  stipulation provided  in  Section 6  -                                                               
proposing  to add  a new  subsection (c)  to AS  11.66.100, which                                                               
addresses the crime of prostitution -  that the age of the victim                                                               
is not  a circumstance that  requires proof of a  culpable mental                                                               
state.   She mentioned that  the [Alaska]  Court of Appeals  - in                                                               
Bell v. State - recently upheld the stipulation in AS 11.66.110.                                                              
                                                                                                                                
REPRESENTATIVE   HAWKER  mentioned   that   questions  he'd   had                                                               
regarding   the  differences   between  the   proposed  statutory                                                               
references  in Section  12's proposed  AS 11.66.140 and  those in                                                               
Section 13's proposed AS 11.66.145 have since been addressed.                                                                   
                                                                                                                                
MS.  CARPENETI, in  response to  questions, clarified  that under                                                               
the changes  proposed by  [Sections 5  and 6]  to AS  11.66.100 -                                                               
again,  addressing the  crime of  prostitution  - it  would be  a                                                               
class C  felony to be the  "patron" of a prostitute  who is under                                                               
18 years  of age if  the "patron" is  at least three  years older                                                               
than his/her  victim, and, again,  the prostitute's  age wouldn't                                                               
be  a  circumstance that  requires  proof  of a  culpable  mental                                                               
state,  meaning that  it wouldn't  matter what  age the  "patron"                                                               
thinks  his/her  victim  is; furthermore,  that  statute  -  both                                                               
existing  and as  proposed under  the bill  - does  not currently                                                               
provide for an affirmative defense  based on a reasonable mistake                                                               
as to the age  of the victim.  Under the  bill, if the prostitute                                                               
- the victim -  is instead 18 years of age  or older, a violation                                                               
of  that  statute would  remain  a  class B  misdemeanor,  though                                                               
comments received from the Public  Defender Agency (PDA) indicate                                                               
that Section 6  ought to be changed in order  to clarify that the                                                               
proposed increase in penalty to a  class C felony only applies to                                                               
the "patron,"  not the victim.   In addition to  reiterating that                                                               
AS 11.66.110 stipulates  that a reasonable mistake as  to the age                                                               
of the  victim is  not a  defense, she  also mentioned  that with                                                               
regard to  Alaska's sexual  assault and sexual  abuse of  a minor                                                               
crimes, AS 11.41.445(b) states:                                                                                                 
                                                                                                                                
          (b) In a prosecution under AS 11.41.410 -                                                                             
     11.41.440,  whenever a  provision  of  law defining  an                                                                    
     offense depends  upon a victim's being  under a certain                                                                    
     age, it is an affirmative  defense that, at the time of                                                                    
     the alleged offense, the defendant                                                                                         
       (1) reasonably believed the victim to be that age                                                                        
     or older; and                                                                                                              
        (2) undertook reasonable measures to verify that                                                                        
     the victim was that age or older.                                                                                          
                                                                                                                                
MS. CARPENETI,  in response to further  questions, indicated that                                                               
she  would be  amenable  to perhaps  adding similar  affirmative-                                                               
defense  language to  the bill's  proposed  AS 11.66.100,  though                                                               
another option, she  ventured, would perhaps be to  instead add a                                                               
culpable mental state of criminal negligence to that provision.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG expressed  concern with that provision's                                                               
current lack of an affirmative defense for the perpetrator.                                                                     
                                                                                                                                
2:12:35 PM                                                                                                                    
                                                                                                                                
CHAIR  GATTO  pointed  out  that  when  a  perpetrator  makes  an                                                               
assumption with  regard to his/her victim's  age, the perpetrator                                                               
is  taking a  pretty big  risk; and  expressed disfavor  with the                                                               
[oft-heard] excuse, "Well, I had no idea she was that young."                                                                   
                                                                                                                                
MS.  CARPENETI, in  response to  further comments  and questions,                                                               
explained  that the  purpose of  the bill's  proposed changes  to                                                               
AS 11.66.100 is to  protect children who are  being victimized by                                                               
persons   promoting  prostitution   -  or,   the  crime   of  sex                                                               
trafficking, as  that activity would  be called after  passage of                                                               
the  bill;  the  statutes  pertaining  to  that  crime  embody  a                                                               
different  societal  interest  than those  pertaining  to  sexual                                                               
assault and  sexual abuse  of a  minor crimes.   She  again noted                                                               
that  the statute  pertaining  to  the first  degree  crime -  AS                                                               
11.66.110, violations of  which are [either a class  A felony or]                                                               
an  unclassified felony  - does  not provide  for an  affirmative                                                               
defense  based on  a  reasonable mistake  as to  the  age of  the                                                               
victim;  and  that  she  would  be  amenable  to  perhaps  adding                                                               
affirmative-defense    language    to   the    bill's    proposed                                                               
AS 11.66.100.  Again, the goal of  Sections 5 and 6 is to protect                                                               
children from adults who would victimize them.                                                                                  
                                                                                                                                
MS. CARPENETI reiterated  that another option -  if the committee                                                               
is not in  favor of the changes currently provided  by Sections 5                                                               
and 6,  or of adding  affirmative-defense language - could  be to                                                               
perhaps  instead  add  a  culpable mental  state  to  the  bill's                                                               
proposed  AS  11.66.100, thereby  requiring  the  state to  prove                                                               
beyond a reasonable  doubt that the "patron"  acted with criminal                                                               
negligence  - or  with some  other culpable  mental state  as the                                                               
committee prefers  - with regard  to the age  of the victim.   In                                                               
response  to  comments,  she  confirmed  that  providing  for  an                                                               
affirmative defense  puts the burden  of proof on  the defendant,                                                               
whereas  providing for  a culpable  mental state  would keep  the                                                               
burden  on  the state;  and  reiterated  that under  the  changes                                                               
currently  proposed by  [Sections 5  and 6]  to AS 11.66.100,  it                                                               
would be a class C felony to  be the "patron" of a prostitute who                                                               
is under 18 years of age if  the "patron" is at least three years                                                               
older  than  his/her victim,  but  otherwise  violations of  that                                                               
statute would remain a class B misdemeanor.                                                                                     
                                                                                                                                
CHAIR GATTO  surmised that  a mistake  as to  age will  always be                                                               
offered as  a defense by  people who  get caught having  sex with                                                               
children.                                                                                                                       
                                                                                                                                
2:18:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  opined that  it's important  to understand                                                               
the rationale  for making  it a  felony to be  the "patron"  of a                                                               
prostitute  who  is  under  18  years of  age,  that  being  that                                                               
generally such children have not  become prostitutes of their own                                                               
free will but have instead been  forced into it by people engaged                                                               
in sex  trafficking.   This has  become a  huge problem  in rural                                                               
Alaska,  in   that  children  from  the   villages,  after  being                                                               
presented  with "an  opportunity" to  come to  the big  city, are                                                               
then  being forced  into becoming  sex slaves  once they  arrive.                                                               
The  changes  proposed by  Sections  5  and  6  of the  bill  are                                                               
intended to address  this problem, and serve as a  deterrent.  In                                                               
conclusion,  he   indicated  disfavor   with  providing   for  an                                                               
affirmative  defense based  on a  mistake as  to the  age of  the                                                               
victim,  because the  goal  is to  protect  children from  having                                                               
their lives ruined by being turned into sex slaves.                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  continued to  express concern  with the                                                               
lack of an  affirmative defense based on a  reasonable mistake as                                                               
to  the age  of the  victim, and  offered a  hypothetical example                                                               
involving a member  of the military who pays a  child to have sex                                                               
with him.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  PRUITT again  remarked on  the potential  for the                                                               
bill's proposed changes  to AS 11.66.100 to serve  as a deterrent                                                               
to such people.                                                                                                                 
                                                                                                                                
REPRESENTATIVE   KELLER  pointed   out  that   in  Representative                                                               
Gruenberg's hypothetical example, the  military member is still a                                                               
predator.    He  expressed  favor with  making  such  behavior  a                                                               
class C felony as  Sections 5 and 6 - as  currently written - are                                                               
proposing to do.                                                                                                                
                                                                                                                                
MS.  CARPENETI, in  response to  a question,  explained that  the                                                               
maximum  sentence for  a  class  C felony  is  five  years.   She                                                               
concurred   that  in   Representative  Gruenberg's   hypothetical                                                               
example, the  military member  is a predator.   The  governor, in                                                               
proposing these changes  to AS 11.66.100, she  relayed, is trying                                                               
to  address  the  problem  described  by  Representative  Pruitt,                                                               
trying to get at those who are  willing to take the risk that the                                                               
person they are paying to have sex with is a child.                                                                             
                                                                                                                                
2:24:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES   made  a   motion  to   adopt  Conceptual                                                               
Amendment 1,  to delete Section  20 in its entirety  and renumber                                                               
the remaining sections accordingly.                                                                                             
                                                                                                                                
REPRESENTATIVE KELLER objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES  explained that Section 20  is proposing to                                                               
add to  AS 12.63.100(6) -  which defines the term,  "sex offense"                                                               
for purposes  of requiring a  person in  Alaska to register  as a                                                               
sex offender  or child  kidnapper - a  new subparagraph  (D) that                                                               
would  additionally define  a sex  offense  as being  a crime  in                                                               
another jurisdiction  that requires the  person to register  as a                                                               
sex offender or child kidnapper  in that other jurisdiction.  The                                                               
rationale for  deleting Section  20, she  relayed, is  that other                                                               
jurisdictions  that maintain  a sex  offender registry  sometimes                                                               
criminalize  behavior  that isn't  illegal  in  Alaska, and  thus                                                               
under  Section 20,  the Alaska  State Legislature's  authority to                                                               
decide   what  behavior   should   or   shouldn't  constitute   a                                                               
registrable  offense  would  be  delegated  to  all  those  other                                                               
jurisdictions.  That doesn't quite seem right, she concluded.                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  expressed favor  with Amendment  1, adding                                                               
that he  thinks it's  wrong for the  legislature to  abdicate its                                                               
responsibility as a law-making body.   He mentioned, though, that                                                               
he would be amenable to  perhaps adding certain specific offenses                                                               
to AS 12.63.100(6).                                                                                                             
                                                                                                                                
REPRESENTATIVE   HAWKER  also   mentioned   that  if   Conceptual                                                               
Amendment  1  is adopted,  he  would  be offering  an  additional                                                               
amendment  to  "zero  out"  the  Department  of  Public  Safety's                                                               
(DPS's) fiscal  note of  $124,200, because  it's based  solely on                                                               
the  anticipated  fiscal impact  Section  20  would have  on  the                                                               
department.    In  response  to  a  question,  he  drew  members'                                                               
attention to the indeterminate fiscal notes accompanying HB 359.                                                                
                                                                                                                                
CHAIR  GATTO  observed that  a  letter  from the  American  Civil                                                               
Liberties Union  of Alaska (ACLU  of Alaska) in  members' packets                                                               
indicates opposition  to Section 20,  with page 6 of  that letter                                                               
stating  in part,  "Section 20  Is Unwise;  It Shackles  Alaska's                                                           
Policy to Every Other Jurisdiction".                                                                                        
                                                                                                                                
REPRESENTATIVE HOLMES  pointed out  that if someone  is convicted                                                               
of  a  registrable  offense in  another  jurisdiction,  and  that                                                               
offense  is similar  to  a registrable  offense  in Alaska,  then                                                               
[under  existing  AS  12.63.100(6)]  the person  would  still  be                                                               
required  to register  in  Alaska; this  would  not change  under                                                               
Conceptual Amendment 1.   In comparison, the  language Section 20                                                               
is proposing  to add  doesn't' specify that  the offense  in that                                                               
other  jurisdiction  has   to  be  one  that  is   similar  to  a                                                               
registrable offense under Alaska law.                                                                                           
                                                                                                                                
2:32:33 PM                                                                                                                    
                                                                                                                                
KATHRYN  MONFREDA,  Chief,  Criminal Records  and  Identification                                                               
Bureau,  Division of  Statewide  Services,  Department of  Public                                                               
Safety (DPS), in response to  questions, after noting that she is                                                               
responsible   for  managing   Alaska's  sex   offender  registry,                                                               
mentioned that  the courts  have already  addressed the  issue of                                                               
who  may be  required to  register as  a sex  offender, and  that                                                               
sometimes other  jurisdictions do notify Alaska  when someone who                                                               
formerly  had  to register  in  Alaska  then registers  in  their                                                               
jurisdiction; acknowledged that perhaps  some sex offenders leave                                                               
Alaska in  search of a jurisdiction  in which they won't  have to                                                               
register; and indicated  that to the DPS's  knowledge, that isn't                                                               
a widespread problem.                                                                                                           
                                                                                                                                
REPRESENTATIVE KELLER said  he was going to  remove his objection                                                               
to adopting Conceptual Amendment  1, expressed agreement with the                                                               
ACLU of  Alaska's aforementioned point regarding  Section 20, and                                                               
asked Ms. Carpeneti to comment.                                                                                                 
                                                                                                                                
MS. CARPENETI  said that the other  side of the argument  is that                                                               
if sex offenders from other  states are able to avoid registering                                                               
in their  "home" state  simply by coming  to Alaska,  then Alaska                                                               
will become  the place where  sex offenders  move to in  order to                                                               
avoid having  to register  as sex  offenders.   This is  a public                                                               
safety issue  for the legislature  to make a decision  about, but                                                               
the DOL's position, hence the  inclusion of Section 20's proposed                                                               
change to 12.63.100(6), is that it  is in the public interest not                                                               
to have Alaska  become a state where people who  have to register                                                               
in other states come because they won't have to register here.                                                                  
                                                                                                                                
REPRESENTATIVE KELLER  acknowledged that  point, but  offered his                                                               
understanding that there are already  other ways of keeping track                                                               
of people who move to Alaska with a criminal record.                                                                            
                                                                                                                                
MS. CARPENETI said  she is not familiar with  any such procedure.                                                               
Only  when a  person who's  moved to  Alaska commits  a crime  in                                                               
Alaska  is the  state then  able to  take steps  to research  the                                                               
person's criminal record.                                                                                                       
                                                                                                                                
2:37:25 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS), concurred  - absent such  a person  voluntarily contacting                                                               
the state, law enforcement officers  would have no way of knowing                                                               
of  his/her presence  in the  state  until they  have a  specific                                                               
reason to contact him/her and investigate his/her background.                                                                   
                                                                                                                                
CHAIR GATTO remarked that the  objection was removed, ascertained                                                               
that  there  were  no  further  objections,  and  announced  that                                                               
Conceptual Amendment 1 was adopted.                                                                                             
                                                                                                                                
2:40:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER   made  a  motion  [to   adopt  Conceptual                                                               
Amendment 2, to adopt a zero  fiscal note in place of fiscal note                                                               
number  6  from the  Department  of  Public  Safety].   He  again                                                               
offered  his  understanding  that that  fiscal  note's  estimated                                                               
impact on the  DPS is based solely on Section  20, which has been                                                               
deleted.                                                                                                                        
                                                                                                                                
2:40:57 PM                                                                                                                    
                                                                                                                                
DAVID SCHADE, Director, Division of Statewide Services,                                                                         
Department of Public Safety (DPS), confirmed Representative                                                                     
Hawker's understanding.                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG [although no objection had been stated]                                                                
removed his objection.                                                                                                          
                                                                                                                                
CHAIR GATTO ascertained that there were no objections, and                                                                      
announced that Conceptual Amendment 2 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE HOLMES offered her belief that HB 359 requires                                                                   
further work.                                                                                                                   
                                                                                                                                
CHAIR GATTO relayed that HB 359 [as amended] would be held over.                                                                
                                                                                                                                
2:42:58 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:43 p.m.                                                                 

Document Name Date/Time Subjects
CSHB 128 (TRA) Hearing Request.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
CSHB 128 (TRA) Sponsor Statement.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
CSHB 128 (TRA).pdf HJUD 3/14/2012 1:00:00 PM
HB 128
CSHB 128 Crash Data.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
CSHB 128 Explanation of Changes.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
CSHB 128 Letter of Support Allstate.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
HB 128.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
HB50 ver A.pdf HJUD 3/14/2012 1:00:00 PM
HL&C 4/4/2011 3:15:00 PM
HB 50
HB50 Sponsor Statement.pdf HJUD 3/14/2012 1:00:00 PM
HL&C 4/4/2011 3:15:00 PM
HB 50
HB50 Sectional Analysis.pdf HJUD 3/14/2012 1:00:00 PM
HL&C 4/4/2011 3:15:00 PM
HB 50
CSHB 128 Letter of Support APDEA.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
CSHB 128 Letter of Support APOA HB 15.pdf HJUD 3/14/2012 1:00:00 PM
HB 15
HB 128
CSHB 128 Letter of Support NSC HB 15.pdf HJUD 3/14/2012 1:00:00 PM
HB 15
HB 128
CSHB 128 Letter of Support State Farm.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
CSHB 128 Studies and Articles.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
HB0128-2-2-030212-DPS-N.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
HB0128-1-2-030212-LAW-N.pdf HJUD 3/14/2012 1:00:00 PM
HB 128
HB 50 support documents - emails.pdf HJUD 3/14/2012 1:00:00 PM
HB 50
HB 50 fiscal note.pdf HJUD 3/14/2012 1:00:00 PM
HB 50
HB 359 ACLU Review 2012 03 04 (2).pdf HJUD 3/14/2012 1:00:00 PM
HB 359
Bell v State.pdf HJUD 3/14/2012 1:00:00 PM