Legislature(2013 - 2014)CAPITOL 120

02/18/2013 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 1 REQUIREMENTS FOR DRIVER'S LICENSE TELECONFERENCED
Heard & Held
+= HB 69 EXEMPT FIREARMS FROM FEDERAL REGULATION TELECONFERENCED
Moved CSHB 69(JUD) Out of Committee
+= HB 73 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT TELECONFERENCED
Heard & Held
- Dept. of Law Response
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 83 FEDERAL REGULATIONS & EXECUTIVE ORDERS TELECONFERENCED
Scheduled But Not Heard
(Bill hearing if time allows)
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 18, 2013                                                                                        
                           1:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Bob Lynn, Vice Chair                                                                                             
Representative Neal Foster                                                                                                      
Representative Gabrielle LeDoux                                                                                                 
Representative Charisse Millett                                                                                                 
Representative Lance Pruitt                                                                                                     
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 1                                                                                                                
"An Act relating to issuance of drivers' licenses."                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 69                                                                                                               
"An  Act exempting  certain firearms  and firearm  accessories in                                                               
this state from federal  regulation; providing criminal penalties                                                               
for  federal  officials  who  enforce or  attempt  to  enforce  a                                                               
federal  law,  regulation,  rule,  or  order  regulating  certain                                                               
firearms  and firearm  accessories in  this state;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED CSHB 69(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 73                                                                                                               
"An Act  relating to the  commencement of actions for  felony sex                                                               
trafficking and  felony human trafficking; relating  to the crime                                                               
of sexual  assault; relating  to the  crime of  unlawful contact;                                                               
relating   to    forfeiture   for   certain    crimes   involving                                                               
prostitution; relating to  the time in which  to commence certain                                                               
prosecutions; relating  to release  for violation of  a condition                                                               
of  release  in  connection  with   a  crime  involving  domestic                                                               
violence; relating to interception  of private communications for                                                               
certain sex  trafficking or human trafficking  offenses; relating                                                               
to  use  of evidence  of  sexual  conduct concerning  victims  of                                                               
certain crimes;  relating to procedures for  granting immunity to                                                               
a witness in a criminal  proceeding; relating to consideration at                                                               
sentencing of  the effect of a  crime on the victim;  relating to                                                               
the time  to make an  application for  credit for time  served in                                                               
detention  in a  treatment  program or  while  in other  custody;                                                               
relating   to  suspending   imposition   of   sentence  for   sex                                                               
trafficking;  relating to  consecutive sentences  for convictions                                                               
of  certain  crimes  involving   child  pornography  or  indecent                                                               
materials to minors; relating to  the referral of sexual felonies                                                               
to a  three-judge panel;  relating to  the definition  of 'sexual                                                               
felony' for  sentencing and probation  for conviction  of certain                                                               
crimes;  relating to  the definition  of "sex  offense" regarding                                                               
sex  offender registration;  relating  to  protective orders  for                                                               
stalking and  sexual assault and  for a crime  involving domestic                                                               
violence;  relating  to  the  definition  of  'victim  counseling                                                               
centers'  for  disclosure  of certain  communications  concerning                                                               
sexual assault  or domestic violence; relating  to violent crimes                                                               
compensation;  relating  to   certain  information  in  retention                                                               
election of judges concerning sentencing  of persons convicted of                                                               
felonies; relating  to remission of sentences  for certain sexual                                                               
felony offenders; relating to the  subpoena power of the attorney                                                               
general  in  cases  involving  the use  of  an  Internet  service                                                               
account; relating  to reasonable efforts  in child-in-need-of-aid                                                               
cases  involving  sexual  abuse  or  sex  offender  registration;                                                               
relating  to mandatory  reporting  by athletic  coaches of  child                                                               
abuse or  neglect; making  conforming amendments;  amending Rules                                                               
16, 32.1(b)(1), and 32.2(a), Alaska  Rules of Criminal Procedure,                                                               
Rule  404(b), Alaska  Rules  of Evidence,  and  Rule 216,  Alaska                                                               
Rules  of Appellate  Procedure;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 83                                                                                                               
"An  Act  relating  to  certain  federal  statutes,  regulations,                                                               
presidential executive  orders, and secretarial  orders; relating                                                               
to  the duties  of the  attorney  general; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 1                                                                                                                    
SHORT TITLE: REQUIREMENTS FOR DRIVER'S LICENSE                                                                                  
SPONSOR(S): REPRESENTATIVE(S) LYNN, HAWKER, CHENAULT, JOHNSON                                                                   
                                                                                                                                
01/16/13       (H)       PREFILE RELEASED 1/7/13                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       STA, JUD                                                                                               
01/29/13       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/29/13       (H)       Moved CSHB (STA) Out of Committee                                                                      
01/29/13       (H)       MINUTE(STA)                                                                                            
01/30/13       (H)       STA RPT CS(STA) 7DP                                                                                    
01/30/13       (H)       DP: HUGHES, MILLETT, ISAACSON, KELLER,                                                                 
                         GATTIS, KREISS-TOMKINS, LYNN                                                                           
02/18/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 69                                                                                                                   
SHORT TITLE: EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                            
SPONSOR(S): REPRESENTATIVE(S) CHENAULT                                                                                          
                                                                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       JUD                                                                                                    
01/18/13       (H)       BILL REPRINTED 1/17/13                                                                                 
02/08/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/13       (H)       Heard & Held                                                                                           
02/08/13       (H)       MINUTE(JUD)                                                                                            
02/18/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 73                                                                                                                   
SHORT TITLE: CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                           
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       JUD, FIN                                                                                               
02/01/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/01/13       (H)       Heard & Held                                                                                           
02/01/13       (H)       MINUTE(JUD)                                                                                            
02/11/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/11/13       (H)       Heard & Held                                                                                           
02/11/13       (H)       MINUTE(JUD)                                                                                            
02/18/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
FORREST WOLFE, Staff                                                                                                            
Representative Bob Lynn                                                                                                         
Alaska State Legislature                                                                                                        
POSITION STATEMENT:  Assisted with the presentation of HB 1 on                                                                
behalf of one of the joint prime sponsors, Representative Lynn.                                                                 
                                                                                                                                
AMY ERICKSON, Director                                                                                                          
Division of Motor Vehicles (DMV)                                                                                                
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 1.                                                                                                                           
                                                                                                                                
KATHLEEN STRASBAUGH, Attorney                                                                                                   
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   As the  drafter, responded  to a  question                                                             
during discussion of HB 1.                                                                                                      
                                                                                                                                
RICHARD SVOBODNY, Deputy Attorney General                                                                                       
Central Office                                                                                                                  
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Relayed  that  no constitutional  problems                                                             
have been found with HB 1.                                                                                                      
                                                                                                                                
MATTHEW KERR                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 1.                                                                         
                                                                                                                                
DEAN WAUSON                                                                                                                     
Eagle River, Alaska                                                                                                             
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 1.                                                                                                                           
                                                                                                                                
JEFFREY LANDFIELD                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Expressed concerns with HB 1.                                                                            
                                                                                                                                
REPRESENTATIVE MIKE CHENAULT                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 69.                                                                                        
                                                                                                                                
THOMAS WRIGHT, Staff                                                                                                            
Representative Mike Chenault                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During discussion  of HB 69,  explained the                                                             
changes  incorporated  into  the  proposed  committee  substitute                                                               
(CS),  Version  O,  on  behalf  of  the  sponsor,  Representative                                                               
Chenault.                                                                                                                       
                                                                                                                                
LYNN WILLIS                                                                                                                     
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified in opposition to HB 69.                                                                        
                                                                                                                                
RICHARD SVOBODNY, Deputy Attorney General                                                                                       
Central Office                                                                                                                  
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During  discussion of  HB 73,  responded to                                                             
issues raised.                                                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:03:22 PM                                                                                                                    
                                                                                                                                
CHAIR WES  KELLER called the  House Judiciary  Standing Committee                                                             
meeting  to order  at 1:03  p.m.   Representatives Keller,  Lynn,                                                               
Millett,  and  Foster   were  present  at  the   call  to  order.                                                               
Representatives  Pruitt, Gruenberg,  and  LeDoux  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
            HB 1 - REQUIREMENTS FOR DRIVER'S LICENSE                                                                        
                                                                                                                                
1:04:19 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  first order of business would be                                                               
HOUSE  BILL NO.  1,  "An  Act relating  to  issuance of  drivers'                                                               
licenses."  [Before the committee was CSHB 1(STA).]                                                                             
                                                                                                                                
REPRESENTATIVE  LYNN,  as  one   of  the  joint  prime  sponsors,                                                               
characterized HB  1 as  a "commonsense  bill" and  explained that                                                               
under it:  the Division of  Motor Vehicles (DMV) would be able to                                                               
issue a  foreign person a driver's  license for a period  of less                                                               
than  five years  if  the person  is authorized  to  stay in  the                                                               
United States for  less than five years or  indefinitely; and the                                                               
foreign  person, [for  a period  of up  to five  years after  the                                                               
license  is first  issued,]  may  be able  to  renew the  license                                                               
without  fee,  though  if  the   period  of  authorized  stay  is                                                               
indefinite,  the license  shall have  to be  renewed yearly.   He                                                               
offered  his  understanding that  under  current  law, a  foreign                                                               
person who  is authorized to  stay in  the country for  less than                                                               
five years can  still obtain a driver's license  that's valid for                                                               
five years,  and opined  that this  doesn't any  make sense.   In                                                               
conclusion  he  surmised  that  the   DMV  would  be  capable  of                                                               
complying with HB 1.                                                                                                            
                                                                                                                                
1:06:19 PM                                                                                                                    
                                                                                                                                
FORREST  WOLFE,  Staff, Representative  Bob  Lynn,  on behalf  of                                                               
Representative Lynn,  one of  the joint prime  sponsors of  HB 1,                                                               
pointed out that it's the  federal government that determines how                                                               
long foreign persons  may legally stay in the  United States, and                                                               
remarked that the state should  not be issuing [driver's licenses                                                               
that are  valid] in excess  of such  federally-authorized lengths                                                               
of stay.  House Bill 1  would authorize the DMV to issue driver's                                                               
licenses  with  durations of  less  than  five years  in  certain                                                               
circumstances.    He offered  his  understanding  that under  the                                                               
bill, foreign  persons whose federally-authorized length  of stay                                                               
is less than five years  would have their driver's license expire                                                               
at the  same time  as the  authorized length  of stay;  that this                                                               
reflects best  practice according to the  American Association of                                                               
Motor Vehicle  Administrators (AAMVA);  and that 36  other states                                                               
and the District of Columbia have similar laws/regulations.                                                                     
                                                                                                                                
MR.  WOLFE, too,  noted  that  under the  bill,  renewal of  such                                                               
driver's licenses  would be  without fee  for a  period of  up to                                                               
five years  after the license  is first  issued; and that  if the                                                               
period of authorized  stay is indefinite, the  license shall have                                                               
to  be renewed  yearly.   House  Bill 1  addresses only  driver's                                                               
licenses,  not   State-issued  identification  (ID)   cards,  and                                                               
wouldn't change how a person  obtains a driver's license, or what                                                               
documentation shall  be required by  the DMV.   If a  person uses                                                               
what he  referred to as "immigration"  documentation to establish                                                               
his/her identity,  however, then the  DMV shall issue  a driver's                                                               
license  with   the  same  expiration   date  as  used   in  that                                                               
documentation.   Similar  legislation,  he  noted in  conclusion,                                                               
passed the House  during the last legislature.  In  response to a                                                               
question, he  offered his belief  that HB 1 would  not negatively                                                               
impact  people living  in rural  Alaska  any more  than it  would                                                               
those living elsewhere in Alaska.                                                                                               
                                                                                                                                
REPRESENTATIVE MILLETT  referred to a letter  in members' packets                                                               
from attorney  Margaret Stock expressing  points of  concern with                                                               
HB  1 and  noting  that similar  laws in  other  states have  not                                                               
withstood legal  challenge, and  questioned whether  research has                                                               
been conducted into  the constitutionality of HB  1, into whether                                                               
the DMV would be  able to comply the bill, and  into how the bill                                                               
would impact Alaska's foreign seasonal workers.                                                                                 
                                                                                                                                
REPRESENTATIVE LYNN  reiterated that HB  1 would provide  the DMV                                                               
with the authority  to issue driver's licenses  with durations of                                                               
less than five years.                                                                                                           
                                                                                                                                
1:13:47 PM                                                                                                                    
                                                                                                                                
AMY  ERICKSON,  Director,  Division   of  Motor  Vehicles  (DMV),                                                               
Department  of Administration  (DOA),  relayed that  none of  the                                                               
DMV's practices would  change under HB 1, and  that DMV employees                                                               
have  been  trained  to  deal with  the  documents  required  for                                                               
driver's licenses.                                                                                                              
                                                                                                                                
1:14:42 PM                                                                                                                    
                                                                                                                                
KATHLEEN   STRASBAUGH,  Attorney,   Legislative  Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency (LAA),  in response  to a question,  said she  herself was                                                               
not  aware  of any  challenges  to  laws  similar to  that  being                                                               
proposed by HB 1.                                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  disclosed that  he knows Ms.  Stock, an                                                               
expert in  immigration law and  a former professor at  the United                                                               
States Military Academy  West Point.  He then  suggested that the                                                               
title of HB 1 be narrowed.                                                                                                      
                                                                                                                                
REPRESENTATIVE LYNN said he would not object to doing so.                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  expressed  concern  that  HB  1  could                                                               
result  in practical  problems for  those  living in  communities                                                               
that do not have a DMV office.                                                                                                  
                                                                                                                                
1:19:42 PM                                                                                                                    
                                                                                                                                
RICHARD  SVOBODNY,  Deputy   Attorney  General,  Central  Office,                                                               
Criminal Division, Department of Law  (DOL), relayed that the DOL                                                               
has  reviewed  HB 1  and  has  found no  constitutional  problems                                                               
with it.                                                                                                                        
                                                                                                                                
CHAIR  KELLER  observed  that the  bill  itself  doesn't  address                                                               
documentation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX, in response to  a question, noted that the                                                               
aforementioned letter  from Ms.  Stock includes a  statistic from                                                               
the  Center  for  Migration   Studies  indicating  that  Alaska's                                                               
unauthorized immigrant population is less than 5,000 people.                                                                    
                                                                                                                                
REPRESENTATIVE    GRUENBERG    pointed    out    that    existing                                                               
AS 28.15.101(c)(1)  says  that  a driver's  license  may  not  be                                                               
renewed  by mail  if the  most recent  renewal was  by mail,  and                                                               
surmised,  therefore, that  under HB  1, a  foreign person  would                                                               
have to renew his/her driver's license  in person at a DMV office                                                               
at least  every other time he/she  renews it.  This  could become                                                               
onerous for those living in rural Alaska.                                                                                       
                                                                                                                                
1:25:39 PM                                                                                                                    
                                                                                                                                
MATTHEW KERR  opined that  HB 1  would needlessly  bloat Alaska's                                                               
bureaucracy, would  slow down  processing at  the DMV,  and would                                                               
cause a lot of trouble to people  who are following the law - all                                                               
to  solve a  nonexistent problem  in Alaska.   He  questioned the                                                               
legislature's  goal in  limiting  the validity  of some  driver's                                                               
licenses.   If  it's not  to address  an immigration  issue, then                                                               
what type of  driving violation would warrant  such a limitation?                                                               
Would  the State  of  Alaska prefer  that  foreign people  simply                                                               
continue  to  use their  foreign  driver's  licenses?   For  many                                                               
individuals, the  period of legal  presence in the  United States                                                               
can change  on a daily/weekly  basis, often changing  faster than                                                               
the associated documentation.  Even  under existing law, a friend                                                               
of  his   in  the  country   legally,  he  relayed,  had   to  go                                                               
"DMV shopping"  in   order  to  find  DMV   personnel  who  could                                                               
comprehend his  complete and correct  documentation.   It appears                                                               
that  the concept  of  HB  1 is  derived  from  a simplified  and                                                               
utopian  view  of  U.S.  immigration  law,  a  view  that  fails,                                                               
however, to comprehend what an  expensive, bureaucratic mess HB 1                                                               
would  create.   In conclusion,  he said  he supports  having the                                                               
drivers who  share the road  with him pass the  DMV's examination                                                               
requirements, but  doesn't support punishing foreign  persons who                                                               
are  in the  country legally,  and that  that is  why he  opposes                                                               
HB 1.                                                                                                                           
                                                                                                                                
1:28:05 PM                                                                                                                    
                                                                                                                                
DEAN  WAUSON   -  after  referring   to  points  raised   in  the                                                               
aforementioned letter  by Ms. Stock  and by  previous testifiers,                                                               
and  mentioning  that  he enforces  federal  immigration  laws  -                                                               
characterized HB  1 as  a commonsense  piece of  legislation, and                                                               
offered his  belief that it  wouldn't cause any problems  for the                                                               
DMV or increase anyone's costs.                                                                                                 
                                                                                                                                
1:33:18 PM                                                                                                                    
                                                                                                                                
JEFFREY  LANDFIELD  said  he  doesn't think  that  Alaska  has  a                                                               
problem needing  to be solved by  HB 1, and that  he believes the                                                               
bill would  massively increase bureaucracy.   Mentioning  that he                                                               
has  a  lot of  foreign  friends  in  the country  legally  under                                                               
different  statuses, he,  too, offered  an example  of a  foreign                                                               
person, a  student, in the  country legally who couldn't  get DMV                                                               
personnel  to   comprehend  the   documentation  provided.     He                                                               
characterized HB 1  as having everything to  do with immigration,                                                               
and said he  doesn't think that the DMV is  equipped to deal with                                                               
such  a complex  issue.   In  conclusion, he  reiterated that  he                                                               
doesn't  think a  problem exists  in Alaska,  and predicted  that                                                               
HB 1 would  instead cause  problems, and  would be  expensive and                                                               
burdensome for the people it applies to.                                                                                        
                                                                                                                                
CHAIR KELLER  observed that the  DMV has submitted a  zero fiscal                                                               
note for HB 1.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  LYNN,  in  conclusion,  said  that  under  HB  1,                                                               
foreign persons would  have their driver's license  expire at the                                                               
same  time as  their  foreign documentation;  that this  reflects                                                               
best practice; and that other states have passed similar laws.                                                                  
                                                                                                                                
MR.  LANDFIELD  pointed  out, however,  that  such  documentation                                                               
wouldn't  necessarily  reflect  the most  up-to-date  information                                                               
about the foreign person's status and legal presence.                                                                           
                                                                                                                                
CHAIR   KELLER  closed   public  testimony,   and  relayed   that                                                               
[CSHB 1(STA)] would be held over.                                                                                               
                                                                                                                                
        HB 69 - EXEMPT FIREARMS FROM FEDERAL REGULATION                                                                     
                                                                                                                                
1:38:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE  BILL  NO.  69,  "An Act  exempting  certain  firearms  and                                                               
firearm  accessories  in  this  state  from  federal  regulation;                                                               
providing criminal  penalties for  federal officials  who enforce                                                               
or attempt to  enforce a federal law, regulation,  rule, or order                                                               
regulating  certain  firearms  and firearm  accessories  in  this                                                               
state; and providing for an  effective date."  [Left pending from                                                               
the  hearing on  2/8/13  was  the motion  to  adopt the  proposed                                                               
committee  substitute  (CS)  for   HB  69,  Version  28-LS0290\N,                                                               
Strasbaugh,  2/4/13,   as  the  working  document;   included  in                                                               
members' packets  was a new  proposed CS  for HB 69,  Version 28-                                                               
LS0290\O, Strasbaugh.]                                                                                                          
                                                                                                                                
1:38:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN withdrew  his motion  to adopt  the proposed                                                               
committee  substitute  (CS)  for   HB  69,  Version  28-LS0290\N,                                                               
Strasbaugh, 2/4/13, as the working document.                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN then  moved  to adopt  the  proposed CS  for                                                               
HB 69, Version 28-LS0290\O, Strasbaugh,  as the working document.                                                               
There being no objection, Version O was before the committee.                                                                   
                                                                                                                                
1:39:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE CHENAULT,  Alaska State Legislature, sponsor,                                                               
relayed that Version  O of HB 69  incorporates changes addressing                                                               
concerns raised about taxation and retroactivity.                                                                               
                                                                                                                                
1:39:47 PM                                                                                                                    
                                                                                                                                
THOMAS WRIGHT, Staff, Representative  Mike Chenault, Alaska State                                                               
Legislature, on  behalf of the  sponsor of HB  69, Representative                                                               
Chenault,  explained  that  to  ensure  continuation  of  certain                                                               
federal  funding,  the  language  in Section  1's  paragraph  (1)                                                               
referencing  the taxation  of firearms  and  ammunition has  been                                                               
removed;  and that  to  address  an ex  post  facto problem,  the                                                               
language    stipulating   that    Section   5's    proposed   new                                                               
AS 44.99.500(f)  is  retroactive to  January  1,  2013, has  been                                                               
removed.                                                                                                                        
                                                                                                                                
1:43:14 PM                                                                                                                    
                                                                                                                                
LYNN WILLIS  said he  opposes HB  69 and  its concept  because it                                                               
would make  felons out  of law-abiding  Alaskans employed  by the                                                               
federal government, including  Alaska's congressional delegation.                                                               
How would legislators feel if  a municipality passed an ordinance                                                               
stipulating  that   State  laws  are  unenforceable   within  the                                                               
municipality  and that  those who  create/enforce  such laws  are                                                               
criminals?  With regard to  the bill's attempt to nullify federal                                                               
law, he  asked members  to consider  that over  600,000 Americans                                                               
died  between   1861  and  1865  when   certain  southern  states                                                               
attempted it.  Furthermore, multiple  federal court rulings don't                                                               
uphold the concept.  The  federal government, he predicted, isn't                                                               
going  to just  stand by  and  allow nullification  or allow  the                                                               
punishment of federal employees for enforcing federal law.                                                                      
                                                                                                                                
MR. WILLIS added:                                                                                                               
                                                                                                                                
     I served  22 years as  a member of the  Alaska National                                                                    
     Guard;  as a  federal civil  servant and  as an  active                                                                    
     duty member,  I served  with federal  marshals, federal                                                                    
     civil service employees, as well  as state troopers and                                                                    
     Anchorage  police officers  -  we  were all  guardsman.                                                                    
     What would  you have  us do under  the concept  of this                                                                    
     bill?  Arrest each other?                                                                                                  
                                                                                                                                
MR. WILLIS, in conclusion, mentioned  that he's submitted written                                                               
testimony in  opposition to HB  69, and surmised that  passage of                                                               
HB 69  would illustrate to  all Alaskans employed by  the federal                                                               
government  just  how  they  can  expect to  be  treated  by  the                                                               
legislature.                                                                                                                    
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed  public testimony on  HB 69.  He  indicated favor                                                               
with HB 69.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  warned  that  federal  employees  will                                                               
enforce  federal law,  and  therefore any  Alaskans  who rely  on                                                               
HB 69  to protect  them from  such enforcement  shall nonetheless                                                               
end up  in federal court  and perhaps  be convicted of  a federal                                                               
crime.     This  is  something   he  is  loath  to   subject  his                                                               
constituents to,  he relayed, and  therefore, for this  reason as                                                               
well   as  because   the  bill   is  both   unconstitutional  and                                                               
unenforceable,  he would  be voting  against the  bill regardless                                                               
that he  disapproves of the  federal government's actions.   Some                                                               
other approach  should be taken,  he opined, such as  striving to                                                               
have federal law changed.                                                                                                       
                                                                                                                                
1:52:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to report  the proposed CS for  HB 69,                                                               
Version   28-LS0290\O,   Strasbaugh,   out  of   committee   with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, CSHB  69(JUD) was  reported from  the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
The committee took an at-ease from 1:53 p.m. to 1:56 p.m.                                                                       
                                                                                                                                
        HB 73 - CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                    
                                                                                                                                
1:56:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  [announced that the  final order of  business would                                                               
be] HOUSE  BILL NO. 73, "An  Act relating to the  commencement of                                                               
actions for felony sex trafficking  and felony human trafficking;                                                               
relating to  the crime of  sexual assault; relating to  the crime                                                               
of unlawful  contact; relating to  forfeiture for  certain crimes                                                               
involving  prostitution;  relating  to   the  time  in  which  to                                                               
commence certain prosecutions; relating  to release for violation                                                               
of a  condition of release  in connection with a  crime involving                                                               
domestic   violence;   relating   to  interception   of   private                                                               
communications for  certain sex trafficking or  human trafficking                                                               
offenses;  relating   to  use  of  evidence   of  sexual  conduct                                                               
concerning victims of certain crimes;  relating to procedures for                                                               
granting  immunity  to  a  witness   in  a  criminal  proceeding;                                                               
relating to consideration at sentencing  of the effect of a crime                                                               
on the  victim; relating to the  time to make an  application for                                                               
credit for  time served  in detention in  a treatment  program or                                                               
while  in other  custody;  relating to  suspending imposition  of                                                               
sentence for  sex trafficking; relating to  consecutive sentences                                                               
for convictions of certain crimes  involving child pornography or                                                               
indecent materials to minors; relating  to the referral of sexual                                                               
felonies to  a three-judge panel;  relating to the  definition of                                                               
'sexual felony'  for sentencing and  probation for  conviction of                                                               
certain  crimes;  relating to  the  definition  of "sex  offense"                                                               
regarding  sex  offender  registration;  relating  to  protective                                                               
orders for stalking and sexual  assault and for a crime involving                                                               
domestic  violence;   relating  to  the  definition   of  'victim                                                               
counseling  centers'  for  disclosure of  certain  communications                                                               
concerning  sexual  assault  or domestic  violence;  relating  to                                                               
violent crimes  compensation; relating to certain  information in                                                               
retention  election of  judges concerning  sentencing of  persons                                                               
convicted  of felonies;  relating to  remission of  sentences for                                                               
certain sexual  felony offenders; relating to  the subpoena power                                                               
of  the  attorney  general  in  cases involving  the  use  of  an                                                               
Internet  service  account;  relating to  reasonable  efforts  in                                                               
child-in-need-of-aid   cases  involving   sexual  abuse   or  sex                                                               
offender  registration;   relating  to  mandatory   reporting  by                                                               
athletic  coaches of  child abuse  or neglect;  making conforming                                                               
amendments; amending  Rules 16,  32.1(b)(1), and  32.2(a), Alaska                                                               
Rules  of  Criminal  Procedure,  Rule  404(b),  Alaska  Rules  of                                                               
Evidence, and Rule 216, Alaska  Rules of Appellate Procedure; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
1:56:37 PM                                                                                                                    
                                                                                                                                
RICHARD  SVOBODNY,  Deputy   Attorney  General,  Central  Office,                                                               
Criminal  Division,  Department of  Law  (DOL),  relayed that  he                                                               
would be  addressing issues raised  during the last  two hearings                                                               
on HB 73.   With regard to Sections 1 and 20-21 of  HB 73 - which                                                               
would reverse the Alaska Court  of Appeals decision in Collins v.                                                             
State, 287 P.3d  791 (Alaska App. 2012), wherein  for purposes of                                                             
sentencing  a  person convicted  of  a  felony sex  offense,  the                                                               
court, based on a 2006  legislative letter of intent accompanying                                                               
legislation  increasing  the  presumptive sentencing  ranges  for                                                               
felony sex offenses, misinterpreted  the legislature's intent and                                                               
instead   established  non-statutory   mitigating  factors   that                                                               
resulted  in  the  perpetrator, under  standards  different  than                                                               
those used  for other felony  crimes, going before  a three-judge                                                               
panel  for sentencing  -  he explained  that  the Alaska  Supreme                                                               
Court has  since agreed  to review the  Alaska Court  of Appeals'                                                               
decision in Collins.  Sections  1 and 20-21, as currently worded,                                                             
would ensure  that the  legislature's intent  is followed  in the                                                               
meantime.                                                                                                                       
                                                                                                                                
MR. SVOBODNY,  with regard  to Section  13 of  HB 73  - excluding                                                               
evidence  of  a  sex-offense victim's  sexual  conduct  occurring                                                               
either before  or after the  offense took place, limiting  when a                                                               
defendant may apply to have  such evidence admitted regardless to                                                               
not  later  than  five  days   before  trial,  and  providing  an                                                               
exception to that limitation if  the request is based on evidence                                                               
admitted at trial that was  not available to the defendant before                                                               
trial - explained that this  provision would ensure that the sex-                                                               
offense victim  has been given  a fair opportunity  beforehand to                                                               
prepare for the  disclosure of such evidence during  trial if the                                                               
court  chooses  to  allow  it.    In  response  to  comments  and                                                               
questions, he  acknowledged that  Section 13  would result  in an                                                               
indirect court rule change, and  mentioned that a change is being                                                               
made to the  Senate companion bill in order to  address a concern                                                               
that  such evidence  [could be  made available  to the  defendant                                                               
before the  trial but  after the  five-day deadline  has passed].                                                               
No longer  does the  court give  instruction to  the jury  that a                                                               
rape  victim's history  of  promiscuity ought  to  be taken  into                                                               
account when determining whether  to convict the perpetrator, but                                                               
it  was  just  such  commonly-given instruction  that  has  since                                                               
resulted   in   the    establishment   of   certain   protections                                                               
specifically for sex-offense victims.                                                                                           
                                                                                                                                
REPRESENTATIVE  LEDOUX  expressed   disfavor  with  Section  13's                                                               
proposed changes.                                                                                                               
                                                                                                                                
REPRESENTATIVE   MILLETT  indicated   favor  with   Section  13's                                                               
proposed changes.                                                                                                               
                                                                                                                                
2:33:51 PM                                                                                                                    
                                                                                                                                
MR. SVOBODNY, with regard to Section  36 of HB 73 - expanding the                                                               
list  of circumstances  for which  the court  may determine  that                                                               
reasonable efforts  to reunite a  child with his/her  family need                                                               
not  be taken  by the  Office  of Children's  Services (OCS),  to                                                               
include circumstances  wherein the court  has found by  clear and                                                               
convincing  evidence that  the parent  or guardian  has committed                                                               
sexual abuse against  that child or against any  of his/her other                                                               
children,  or is  registered or  required  to register  as a  sex                                                               
offender  -  explained that  for  purposes  of receiving  certain                                                               
federal  funding,  such  a  provision must  now  be  included  in                                                               
statute.   In response to  comments and a question,  he indicated                                                               
that he would research whether  any other circumstances should be                                                               
added to the  list being expanded by Section 36,  and offered his                                                               
understanding  that all  but one  of the  sex offenses  for which                                                               
someone  must  register  as  a   sex  offender  are  felony-level                                                               
offenses.                                                                                                                       
                                                                                                                                
MR. SVOBODNY, with regard to Sections  14-15 and 43-44 of HB 73 -                                                               
changing the  procedure used when  determining whether  a witness                                                               
in a  criminal prosecution is entitled  to transactional immunity                                                               
under the  Fifth Amendment  to the  U.S. Constitution,  such that                                                               
the  judge would  be required  to  speak with  the witness  about                                                               
his/her testimony before deciding  whether to grant the immunity,                                                               
and be required to enter findings  of fact and conclusions of law                                                               
in a  sealed written  order, and  the state  would be  allowed to                                                               
appeal  the judge's  decision -  explained that  these provisions                                                               
are intended to correct problems that  have arisen as a result of                                                               
how some judges  and defense attorneys have  been approaching the                                                               
issue  of   transactional  immunity.    Some   judges  have  been                                                               
threatening  to dismiss  the underlying  criminal  case when  the                                                               
attorney  general  chooses  not  to grant  a  particular  witness                                                               
transactional immunity,  and some  defense attorneys  in domestic                                                               
violence cases have improperly raised  the issue of transactional                                                               
immunity and  then purposely  disclosed a  witness's confidential                                                               
information.     In  response  to  comments   and  questions,  he                                                               
indicated   that  the   DOL  views   the   changes  proposed   by                                                               
Sections 14-15 and  43-44 as  the best  approach to  address such                                                               
problems.                                                                                                                       
                                                                                                                                
[HB 73 was held over.]                                                                                                          
                                                                                                                                
3:00:32 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:00 p.m.                                                                 

Document Name Date/Time Subjects
HB1 Sponsor Statement (rev).pdf HJUD 2/18/2013 1:00:00 PM
HB 1
HB1 ver O.pdf HJUD 2/18/2013 1:00:00 PM
HB 1
HB 1 Version A.pdf HJUD 2/18/2013 1:00:00 PM
HB 1
Fiscal Note CSHB 1 (STA).pdf HJUD 2/18/2013 1:00:00 PM
HB 1
HB1 Fiscal Note.pdf HJUD 2/18/2013 1:00:00 PM
HB 1
HB 1 Supporting Documents AK Association of Chiefs of Police Support.pdf HJUD 2/18/2013 1:00:00 PM
HB 1
CSHB 01 (STA) ACLU Review Const'l Issues.pdf HJUD 2/18/2013 1:00:00 PM
HB 1
HB1 Citizen Letter of Opposition.pdf HJUD 2/18/2013 1:00:00 PM
HB 1
HB1 Supporting Documents - FAQ Sheet.pdf HJUD 2/18/2013 1:00:00 PM
HB 1
HB1 Witness List HJUD.pdf HJUD 2/18/2013 1:00:00 PM
HB 1
CSHB 69 ver O.pdf HJUD 2/18/2013 1:00:00 PM
HB 69
HB 69-Pittman Wildlife Restoration.pdf HJUD 2/18/2013 1:00:00 PM
HB 69
HB 69 Support--City of Wasilla.pdf HJUD 2/18/2013 1:00:00 PM
HB 69