Legislature(2013 - 2014)CAPITOL 120

04/11/2014 01:00 PM JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SCR 2 ACQUIRE TONGASS NATIONAL FOREST LAND TELECONFERENCED
<Bill Hearing Canceled>
+ SB 173 SYNTHETIC DRUGS TELECONFERENCED
Heard & Held
+ HB 370 AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS TELECONFERENCED
<Bill Hearing Canceled>
+ HB 254 POWERS OF ATTORNEY TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 171 MULTIDISCIPLINARY CHILD PROTECTION TEAMS TELECONFERENCED
Moved HCS CSSB 171(2d JUD) Out of Committee
+= SB 187 CONFIDENTIAL INFORMATION: MISCONDUCT, RLS TELECONFERENCED
Moved HCS CSSB 187(JUD) Out of Committee
+= HB 60 UNIFORM REAL PROPERTY TRANSFERS ON DEATH TELECONFERENCED
<Bill Hearing Canceled>
+= HB 108 SURCHARGE ON FINES/ELEC. CITATION FUND TELECONFERENCED
Moved CSHB 108(JUD) Out of Committee
+ SJR 22 OPPOSE WARRANTLESS DATA COLLECTION TELECONFERENCED
Moved HCS SJR 22(JUD) Out of Committee
+= SB 108 CONFIDENTIALITY OF CRIMINAL CASE RECORDS TELECONFERENCED
Moved Out of Committee
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 11, 2014                                                                                         
                           1:17 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Bob Lynn, Vice Chair                                                                                             
Representative Gabrielle LeDoux                                                                                                 
Representative Max Gruenberg                                                                                                    
Representative Lance Pruitt                                                                                                     
Representative Neal Foster                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Charisse Millett                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 254                                                                                                              
"An Act relating  to powers of attorney; relating  to the uniform                                                               
probate code; and providing for an effective date."                                                                             
                                                                                                                                
     - <BILL HEARING CANCELED>                                                                                                  
                                                                                                                                
SENATE JOINT RESOLUTION NO. 22 AM                                                                                               
Opposing  the warrantless  collection of  telephone call  data by                                                               
the National Security Agency.                                                                                                   
                                                                                                                                
     - MOVED HCS SJR 22(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR SENATE BILL NO. 171(JUD)                                                                                                 
"An  Act relating  to multidisciplinary  child protection  teams;                                                               
and relating to investigation of child abuse or neglect."                                                                       
                                                                                                                                
     - MOVED HCS CSSB 171(2D JUD) OUT OF COMMITTEE                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 187(JUD)(TITLE AM)                                                                                       
"An   Act  relating   to  the   crime  of   misconduct  involving                                                               
confidential information  in the first degree;  amending Rule 16,                                                               
Alaska  Rules  of Criminal  Procedure;  amending  Rule 8,  Alaska                                                               
Child  in Need  of  Aid  Rules; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED HCS CSSB 187(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 108(JUD)                                                                                                 
"An Act relating to the confidentiality of certain records of                                                                   
criminal cases; and providing for an effective date."                                                                           
                                                                                                                                
     - MOVED OUT OF COMMITTEE                                                                                                   
                                                                                                                                
HOUSE BILL NO. 108                                                                                                              
"An Act relating to electronic citations; creating the                                                                          
electronic citation fund; and providing for an effective date."                                                                 
                                                                                                                                
     - MOVED CSHB 108(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR SENATE BILL NO. 173(JUD)                                                                                                 
"An Act relating to a prohibition on the possession, offer,                                                                     
display, marketing, advertising for sale, or sale of illicit                                                                    
synthetic drugs."                                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 254                                                                                                                  
SHORT TITLE: POWERS OF ATTORNEY                                                                                                 
SPONSOR(s): REPRESENTATIVE(s) HUGHES, GRUENBERG                                                                                 
                                                                                                                                
01/21/14       (H)       PREFILE RELEASED 1/17/14                                                                               
01/21/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/14       (H)       L&C, JUD                                                                                               
04/07/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/07/14       (H)       Moved CSHB 254(L&C) Out of Committee                                                                   
04/07/14       (H)       MINUTE(L&C)                                                                                            
04/08/14       (H)       L&C RPT CS(L&C) 5DP 1AM                                                                                
04/08/14       (H)       DP:    CHENAULT,    HERRON,    REINBOLD,                                                               
                         SADDLER, OLSON                                                                                         
04/08/14       (H)       AM: JOSEPHSON                                                                                          
04/11/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SJR 22                                                                                                                  
SHORT TITLE: OPPOSE WARRANTLESS DATA COLLECTION                                                                                 
SPONSOR(s): SENATOR(s) GIESSEL                                                                                                  
                                                                                                                                
02/14/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/14       (S)       JUD                                                                                                    
03/07/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/07/14       (S)       Moved SJR 22 Out of Committee                                                                          
03/07/14       (S)       MINUTE(JUD)                                                                                            
03/10/14       (S)       JUD RPT 3DP                                                                                            
03/10/14       (S)       DP: COGHILL, OLSON, DYSON                                                                              
03/31/14       (S)       TRANSMITTED TO (H)                                                                                     
03/31/14       (S)       VERSION: SJR 22 AM                                                                                     
04/01/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/01/14       (H)       JUD                                                                                                    
04/09/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/09/14       (H)       Scheduled But Not Heard                                                                                
04/11/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 171                                                                                                                  
SHORT TITLE: MULTIDISCIPLINARY CHILD PROTECTION TEAMS                                                                           
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/12/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/14       (S)       JUD                                                                                                    
02/24/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/24/14       (S)       Heard & Held                                                                                           
02/24/14       (S)       MINUTE(JUD)                                                                                            
03/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/03/14       (S)       Scheduled But Not Heard                                                                                
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/05/14       (S)       Moved CSSB 171(JUD) Out of Committee                                                                   
03/05/14       (S)       MINUTE(JUD)                                                                                            
03/07/14       (S)       JUD RPT CS  2DP 2NR   SAME TITLE                                                                       
03/07/14       (S)       DP: COGHILL, DYSON                                                                                     
03/07/14       (S)       NR: WIELECHOWSKI, OLSON                                                                                
03/21/14       (S)       TRANSMITTED TO (H)                                                                                     
03/21/14       (S)       VERSION: CSSB 171(JUD)                                                                                 
03/24/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/24/14       (H)       JUD                                                                                                    
04/02/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/02/14       (H)       Moved   HCS   CSSB   171(JUD)   Out   of                                                               
                         Committee                                                                                              
04/02/14       (H)       MINUTE(JUD)                                                                                            
04/03/14       (H)       JUD RPT HCS(JUD) 5DP 2NR                                                                               
04/03/14       (H)       DP: MILLETT, FOSTER, LYNN, LEDOUX,                                                                     
                         KELLER                                                                                                 
04/03/14       (H)       NR: PRUITT, GRUENBERG                                                                                  
04/07/14       (H)       RETURNED TO JUD COMMITTEE                                                                              
04/11/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 187                                                                                                                  
SHORT TITLE: CONFIDENTIAL INFORMATION: MISCONDUCT, RLS                                                                          
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/21/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/14       (S)       JUD                                                                                                    
03/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/12/14       (S)       Heard & Held                                                                                           
03/12/14       (S)       MINUTE(JUD)                                                                                            
03/14/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/14/14       (S)       -- MEETING CANCELED --                                                                                 
03/17/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/17/14       (S)       Moved CSSB 187(JUD) Out of Committee                                                                   
03/17/14       (S)       MINUTE(JUD)                                                                                            
03/18/14       (S)       JUD RPT CS  2DP 1NR   NEW TITLE                                                                        
03/18/14       (S)       DP: COGHILL, DYSON                                                                                     
03/18/14       (S)       NR: OLSON                                                                                              
03/26/14       (S)       TRANSMITTED TO (H)                                                                                     
03/26/14       (S)       VERSION: CSSB 187(JUD)(TITLE AM)                                                                       
03/27/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/14       (H)       JUD                                                                                                    
04/04/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/04/14       (H)       Heard & Held                                                                                           
04/04/14       (H)       MINUTE(JUD)                                                                                            
04/11/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 108                                                                                                                  
SHORT TITLE: CONFIDENTIALITY OF CRIMINAL CASE RECORDS                                                                           
SPONSOR(s): SENATOR(s) DYSON                                                                                                    
                                                                                                                                
01/22/14       (S)       PREFILE RELEASED 1/10/14                                                                               
01/22/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/14       (S)       JUD, FIN                                                                                               
02/24/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/24/14       (S)       Heard & Held                                                                                           
02/24/14       (S)       MINUTE(JUD)                                                                                            
02/28/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/28/14       (S)       Heard & Held                                                                                           
02/28/14       (S)       MINUTE(JUD)                                                                                            
03/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/03/14       (S)       Heard & Held                                                                                           
03/03/14       (S)       MINUTE(JUD)                                                                                            
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/05/14       (S)       Moved CSSB 108(JUD) Out of Committee                                                                   
03/05/14       (S)       MINUTE(JUD)                                                                                            
03/07/14       (S)       JUD RPT CS  1DP 1NR 2AM   SAME TITLE                                                                   
03/07/14       (S)       DP: DYSON                                                                                              
03/07/14       (S)       NR: COGHILL                                                                                            
03/07/14       (S)       AM: WIELECHOWSKI, OLSON                                                                                
03/17/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/17/14       (S)       Heard & Held                                                                                           
03/17/14       (S)       MINUTE(FIN)                                                                                            
03/18/14       (S)       FIN RPT CS(JUD)  4DP 3NR                                                                               
03/18/14       (S)       DP: KELLY, MEYER, DUNLEAVY, BISHOP                                                                     
03/18/14       (S)       NR: HOFFMAN, FAIRCLOUGH, OLSON                                                                         
03/18/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/18/14       (S)       Moved CSSB 108(JUD) Out of Committee                                                                   
03/18/14       (S)       MINUTE(FIN)                                                                                            
03/28/14       (S)       TRANSMITTED TO (H)                                                                                     
03/28/14       (S)       VERSION: CSSB 108(JUD)                                                                                 
03/31/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/14       (H)       JUD, FIN                                                                                               
04/09/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/09/14       (H)       <Bill Hearing Canceled>                                                                                
04/11/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 108                                                                                                                  
SHORT TITLE: SURCHARGE ON FINES/ELEC. CITATION FUND                                                                             
SPONSOR(s): REPRESENTATIVE(s) P.WILSON                                                                                          
                                                                                                                                
02/11/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/11/13       (H)       JUD, FIN                                                                                               
03/11/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/11/13       (H)       Heard & Held                                                                                           
03/11/13       (H)       MINUTE(JUD)                                                                                            
04/07/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/07/14       (H)       Scheduled But Not Heard                                                                                
04/09/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/09/14       (H)       <Bill Hearing Canceled>                                                                                
04/11/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 173                                                                                                                  
SHORT TITLE: SYNTHETIC DRUGS                                                                                                    
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
02/14/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/14       (S)       JUD                                                                                                    
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/05/14       (S)       Heard & Held                                                                                           
03/05/14       (S)       MINUTE(JUD)                                                                                            
03/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/12/14       (S)       Moved CSSB 173(JUD) Out of Committee                                                                   
03/12/14       (S)       MINUTE(JUD)                                                                                            
03/14/14       (S)       JUD RPT CS  3DP 1NR 1AM   NEW TITLE                                                                    
03/14/14       (S)       DP: COGHILL, MCGUIRE, DYSON                                                                            
03/14/14       (S)       NR: OLSON                                                                                              
03/14/14       (S)       AM: WIELECHOWSKI                                                                                       
03/14/14       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/18/14       (S)       FIN REFERRAL REMOVED                                                                                   
03/28/14       (S)       TRANSMITTED TO (H)                                                                                     
03/28/14       (S)       VERSION: CSSB 173(JUD)                                                                                 
03/31/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/14       (H)       JUD, FIN                                                                                               
04/10/14       (H)       FIN AT 8:30 AM HOUSE FINANCE 519                                                                       
04/10/14       (H)       <Pending Referral>                                                                                     
04/11/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR CATHY GIESSEL                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SJR 22.                                                                                         
                                                                                                                                
JANE CONWAY, Staff                                                                                                              
to Senator Cathy Giessel                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SJR 22 on behalf of Senator                                                                     
Giessel.                                                                                                                        
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
to Senator John Coghill                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented an amendment to HCS SB 171(JUD) on                                                              
behalf of Senator Coghill.                                                                                                      
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
to Senator John Coghill                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented CSSB 187(JUD) on behalf of Senator                                                              
Coghill.                                                                                                                        
                                                                                                                                
JAN RUTHERDALE, Chair                                                                                                           
Children's Justice Act Task Force                                                                                               
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Spoke in support of SB 187 and expressed one                                                              
concern.                                                                                                                        
                                                                                                                                
EMILY WRIGHT, Assistant Attorney General                                                                                        
Alaska Department of Law (DOL), Child Protection Section                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding SB 187.                                                                     
                                                                                                                                
CHUCK KOPP, Staff                                                                                                               
Senator Fred Dyson                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered a question regarding CSSB 108(JUD).                                                              
                                                                                                                                
REPRESENTATIVE PEGGY WILSON                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented HB 108 as sponsor.                                                                              
                                                                                                                                
ARTHUR MARTIN, Staff                                                                                                            
to Representative Peggy Wilson                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions regarding HB 108.                                                                      
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Discussed HB 108.                                                                                         
                                                                                                                                
LIEUTENANT RICK ROBERTS                                                                                                         
Alaska State Troopers                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions regarding HB 108.                                                                      
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented CSSB 187(JUD) on behalf of Senator                                                              
Coghill.                                                                                                                        
                                                                                                                                
EDRA MORLEDGE, Staff                                                                                                            
to Senator Kevin Meyer                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented CSSB 173(JUD) on behalf of Senator                                                              
Meyer.                                                                                                                          
                                                                                                                                
KATHLEEN STRASBAUGH, Attorney                                                                                                   
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions regarding SB 173.                                                                      
                                                                                                                                
CYNTHIA FRANKLIN, Prosecutor                                                                                                    
Municipality of Anchorage                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions about SB 173.                                                                          
                                                                                                                                
QUINLAN STEINER, Public Defender                                                                                                
Public Defender Agency                                                                                                          
Alaska Department of Administration                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions regarding SB 173.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:17:47 PM                                                                                                                    
                                                                                                                                
CHAIR WES  KELLER called the  House Judiciary  Standing Committee                                                             
meeting  to  order at  1:17  p.m.  Representatives LeDoux,  Lynn,                                                               
Gruenberg,  and  Keller  were  present  at  the  call  to  order.                                                               
Representatives Foster and  Pruitt arrived as the  meeting was in                                                               
progress.                                                                                                                       
                                                                                                                                
1:18:00 PM                                                                                                                    
                                                                                                                                
                   HB 254-POWERS OF ATTORNEY                                                                                
                                                                                                                                
CHAIR KELLER said HOUSE BILL NO.  254, "An Act relating to powers                                                               
of attorney; relating to the  uniform probate code; and providing                                                               
for an effective  date," was scheduled to be heard  today, and it                                                               
is very well-intentioned  legislation to stop abuse  of elders by                                                               
amending the power-of-attorney law.   It is an extensive bill, so                                                               
he said, he will drop it  from the hearing with the understanding                                                               
that the  committee would  be willing  to look  at it  during the                                                               
interim.                                                                                                                        
                                                                                                                                
1:18:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that  he would  work  on HB  254                                                               
during the interim if the chair were to set up a subcommittee.                                                                  
                                                                                                                                
[House bill 254 was held over.]                                                                                                 
                                                                                                                                
           SJR 22-OPPOSE WARRANTLESS DATA COLLECTION                                                                        
                                                                                                                                
1:18:56 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  listed  the  bills  to  be  discussed  at  today's                                                               
hearing, and  then he announced  that the next order  of business                                                               
would  be  SENATE  JOINT  RESOLUTION  NO.  22  am:  Opposing  the                                                               
warrantless  collection of  telephone call  data by  the National                                                               
Security Agency.                                                                                                                
                                                                                                                                
1:20:18 PM                                                                                                                    
                                                                                                                                
SENATOR  CATHY GIESSEL,  Alaska  State Legislature,  said SJR  22                                                               
"calls  out the  NSA [National  Security Agency]  and their  bulk                                                               
telephone record program, which  has been capturing our telephone                                                               
records,  storing them,  viewing  them, and  this  calls out  our                                                               
opposition  to this  program."   She said  SJR 22  has bipartisan                                                               
support  in the  Alaska Senate  and  across the  country, and  it                                                               
calls out  the violation  of the Fourth  and Fifth  Amendments by                                                               
this program.   "We are  simply urging the federal  government to                                                               
truly abandon the program," she summarized.                                                                                     
                                                                                                                                
1:21:22 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER noted  that the  version before  the committee  was                                                               
amended on the Senate floor and is labeled 1391\U.a.                                                                            
                                                                                                                                
JANE  CONWAY,  Staff  to  Senator  Cathy  Giessel,  Alaska  State                                                               
Legislature, said  the Senate, on  the floor, added  the governor                                                               
to the list of recipients and the following language:                                                                           
                                                                                                                                
     The  Alaska State  Legislature  urges  the governor  to                                                                    
     prohibit the  use of state  personnel and  resources to                                                                    
     assist  the  NSA in  its  collection  of mass  data  on                                                                    
     Alaskans without specific search warrant.                                                                                  
                                                                                                                                
1:22:29 PM                                                                                                                    
                                                                                                                                
MS.  CONWAY  said  the  resolution is  a  reflection  of  growing                                                               
negative public sentiment toward  the NSA's aggressive collection                                                               
of  data.   She  said  everyone is  aware  of "the  whistleblower                                                               
situation  and  the uprising  against  the  NSA's collections  of                                                               
data."  In  December, 2013, Judge Leon said, "I  cannot imagine a                                                               
more indiscriminate  and arbitrary invasion than  this systematic                                                               
and  high-tech  collection  and retention  of  personal  data  on                                                               
virtually every  citizen for purposes  of querying  and analyzing                                                               
it  without  prior judicial  approval.    Surely such  a  program                                                               
infringes on that  degree of privacy that  the founders enshrined                                                               
in the Fourth Amendment."                                                                                                       
                                                                                                                                
1:23:41 PM                                                                                                                    
                                                                                                                                
MS. CONWAY  said the NSA was  founded in 1952, and  it focused on                                                               
overseas  surveillance  but  has  morphed  into  something  quite                                                               
different.   She  said the  activities  are in  violation of  the                                                               
Constitution and  strip Alaskans and Americans  of their liberty.                                                               
[SJR  22] urges  the Foreign  Intelligence Surveillance  Court to                                                               
declassify  past  opinions  and   urges  future  opinions  to  be                                                               
released to the  public, she stated.  The  resolution finds NSA's                                                               
activities to  be a troubling  example of federal  overreach, she                                                               
added, and  there is a  packet with  various articles.   She said                                                               
she believes that the President  made an announcement a few weeks                                                               
ago that he was going to propose  a lot of changes, and those are                                                               
being deliberated in Congress right now.                                                                                        
                                                                                                                                
1:24:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  a technical  change on  line 20,                                                               
page 4,  which should say "and  the Constitution of the  State of                                                               
Alaska."   Additionally, since these  are activities of  the NSA,                                                               
"I  believe  that  is  under   the  jurisdiction  of  the  Senate                                                               
Intelligence  Committee ...  and if  so, you  might want  to have                                                               
copies  sent to  the  chair  of that  committee  and the  ranking                                                               
minority member."  He suggested those as conceptual amendments.                                                                 
                                                                                                                                
1:26:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  Conceptual  Amendment  1,  as                                                               
follows:                                                                                                                        
                                                                                                                                
      Page 4, line 20, will read "the Constitution of the                                                                       
     State of Alaska.                                                                                                           
                                                                                                                                
      Recipients of the resolution will include the chairs                                                                      
     and ranking members of the U.S. House and U.S. Senate                                                                      
     Intelligence Committees.                                                                                                   
                                                                                                                                
1:27:14 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER, hearing  no objection,  announced the  adoption of                                                               
Conceptual Amendment 1.                                                                                                         
                                                                                                                                
REPRESENTATIVE LYNN  moved to report  SJR 22 am, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   Hearing  no  objections,  HCS  SJR                                                               
22(JUD) passed out of the House Judiciary Standing Committee.                                                                   
                                                                                                                                
The committee took an at-ease from 1:28 p.m. to 1:28 p.m.                                                                       
                                                                                                                                
1:28:41 PM                                                                                                                    
                                                                                                                                
        SB 171-MULTIDISCIPLINARY CHILD PROTECTION TEAMS                                                                     
                                                                                                                                
1:28:47 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HCS  FOR   SENATE  BILL  NO.   171(JUD),  "An  Act   relating  to                                                               
multidisciplinary  child   protection  teams;  and   relating  to                                                               
investigation of child abuse or neglect."                                                                                       
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Senator  John  Coghill,  Alaska  State                                                               
Legislature, said that  at Senator Coghill's request,  SB 171 was                                                               
returned to  the House Judiciary  Standing Committee  because the                                                               
wording created a large fiscal note.   She said, "We want to make                                                               
it  clear that  multi-disciplinary child  protection teams  (MDT)                                                               
can  be formed  but  that  the Department  of  Health and  Social                                                               
Services (HSS) will still be the clearinghouse."  She continued:                                                                
                                                                                                                                
     On page 1,  line 8, we have added the  words that these                                                                    
     different   entities   within   subsection   (a)   with                                                                    
     expertise in  child abuse or neglect,  in participation                                                                    
     with  the   department,  may  facilitate   the  initial                                                                    
     establishment of a  multi-disciplinary child protection                                                                    
     team.                                                                                                                      
                                                                                                                                
MS.  MOSS added  that on  Page  2, line  11, "may  to the  extent                                                               
feasible" is  replaced with  "shall", in order  to make  it clear                                                               
that, although  it is now  possible for  multi-disciplinary teams                                                               
to be  formed without  participation of  OCS [Office  of Children                                                               
Services], that office will still be the clearinghouse.                                                                         
                                                                                                                                
1:30:16 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  noted that the committee  is working off of  the CS                                                               
that the committee had already passed.                                                                                          
                                                                                                                                
The committee took an at-ease from 1:30 p.m. to 1:31 p.m.                                                                       
                                                                                                                                
The committee took an at-ease from 1:32 p.m. to 1:32 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he has  a  grammatical  question                                                               
regarding  lines 5-8:  Does  the language  mean  that the  state,                                                               
municipal agencies,  and tribes must  be in partnership  with the                                                               
department "or is it just the tribe?"                                                                                           
                                                                                                                                
1:33:43 PM                                                                                                                    
                                                                                                                                
MS. MOSS said  the language means that any one  of those entities                                                               
and the department may facilitate a MDT.                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  recommended that the amendment  be made                                                               
a conceptual amendment because the  editors may have a better way                                                               
to phrase it with less confusion.                                                                                               
                                                                                                                                
1:34:17 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said he believes that is a friendly suggestion.                                                                    
                                                                                                                                
MS. MOSS said that Legislative Legal Services drafted it.                                                                       
                                                                                                                                
CHAIR KELLER suggested that Ms.  Moss provide legal services with                                                               
Representative Gruenberg's concern.                                                                                             
                                                                                                                                
1:34:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  Conceptual Amendment  1, labeled                                                               
28-LS1416\Y.1, Mischel, 4/7/14, as follows:                                                                                     
                                                                                                                                
     Page 1, line 8, following "neglect":                                                                                       
          Insert ", in partnership with the department,"                                                                        
                                                                                                                                
     Page 2, line ll:                                                                                                           
          Delete "may, to the extent feasible,"                                                                                 
          Insert "shall"                                                                                                        
                                                                                                                                
CHAIR KELLER noted no objections, so Amendment 1 was adopted.                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX stated that she  does not see how Amendment                                                               
1 gets rid of the fiscal note, if that is the intention.                                                                        
                                                                                                                                
1:36:16 PM                                                                                                                    
                                                                                                                                
MS. MOSS  explained that without  the amendment, HCS  SB 171(JUD)                                                               
reads that  any one  of these  entities may  start a  MDT without                                                               
supervision from  the Department  of Health and  Social Services.                                                               
She said  OCS estimates an increase  in 20 new social  workers if                                                               
even half of these tribes started an MDT without supervision.                                                                   
                                                                                                                                
CHAIR  KELLER  noted  that  the  amendment  was  adopted  without                                                               
objection.                                                                                                                      
                                                                                                                                
1:37:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN moved to report  HCS SB 171(JUD), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  stated that  it  sounds  like what  is                                                               
being done is having one  agency, HSS, be the clearinghouse, "and                                                               
you're sort of saying it will  simplify things to have one agency                                                               
do it, I gather, rather than a bunch...Am I right?"                                                                             
                                                                                                                                
MS. ROSS said yes.                                                                                                              
                                                                                                                                
CHAIR KELLER removed his objection,  and HCS SB 171(2d JUD) moved                                                               
out of the House Judiciary Standing Committee.                                                                                  
                                                                                                                                
1:38:45 PM                                                                                                                    
                                                                                                                                
        SB 187-CONFIDENTIAL INFORMATION: MISCONDUCT, RLS                                                                    
                                                                                                                                
1:39:01 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
CS FOR  SENATE BILL NO.  187(JUD)(title am), "An Act  relating to                                                               
the  crime of  misconduct involving  confidential information  in                                                               
the  first degree;  amending Rule  16, Alaska  Rules of  Criminal                                                               
Procedure; amending  Rule 8, Alaska  Child in Need of  Aid Rules;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
The committee took an at-ease from 1:39 p.m. to 1:42 p.m.                                                                       
                                                                                                                                
1:42:26 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Senator  John  Coghill,  Alaska  State                                                               
Legislature,   said  the   conceptual  amendment   just  reverses                                                               
statutes on page 4-5 to make  it clearer.  She said the amendment                                                               
inserts "limitation of disclosure  of certain recorded images and                                                               
records  that  are  also evidence  under  AS11.41.410-11.41.450."                                                               
And  beginning on  page 4,  line  31, the  following is  deleted:                                                               
"there  is also  evidence for  investigation under  AS 11.41.410-                                                               
11.41.450."   This was  a recommendation  from legal  services to                                                               
clarify  that  everything  in  subsection   (j)  applied  to  the                                                               
criminal codes, she explained.                                                                                                  
                                                                                                                                
1:43:35 PM                                                                                                                    
                                                                                                                                
MS.  MOSS said  Representative Gruenberg  had brought  up a  good                                                               
point about using  the word "physician."  The intent  was to give                                                               
access  to medical  records to  physicians, but  after conferring                                                               
with others, "physician" was  replaced with "healthcare provider"                                                               
on page 5, line 28.                                                                                                             
                                                                                                                                
The committee took an at-ease from 1:44 p.m. to 1:45 p.m.                                                                       
                                                                                                                                
1:45:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to  adopt Amendment 1, labeled 28-                                                               
LS1145\P.1, Strasbaugh, 4/9/14,  as follows [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 5, line 28:                                                                                                           
          Delete "physician"                                                                                                    
          Insert "health care provider"                                                                                         
                                                                                                                                
     Page 5, line 28, following "child.":                                                                                       
          Insert   "In   this   subsection,   "health   care                                                                    
     provider"  includes  a  physician,  dentist,  physician                                                                    
     assistant,  nurse,  nurse  practitioner,  psychologist,                                                                    
     counselor,  marital and  family  therapist, village  or                                                                    
     community  health  aide,  community health  worker,  or                                                                    
     another person  that provides health care  treatment in                                                                    
     the course and scope of the person's employment."                                                                          
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
1:46:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said that the  term "includes" on line 6                                                               
is defined in Title 1 to mean "included but not limited."                                                                       
                                                                                                                                
MS. MOSS said she agreed with that definition.                                                                                  
                                                                                                                                
CHAIR   KELLER  removed   his  objection.   Hearing  no   further                                                               
objections, Amendment 1 was adopted.                                                                                            
                                                                                                                                
1:47:13 PM                                                                                                                    
                                                                                                                                
JAN  RUTHERDALE,  Chair,  Children's   Justice  Act  Task  Force,                                                               
Department of  Health and Social  Services, said the  function of                                                               
the Children's Justice Act Task  Force is to make recommendations                                                               
that improve  the response to  child maltreatment, and  last fall                                                               
the task force drafted legislation that  led to SB 187.  She said                                                               
the  group  is  grateful  to  Senator  Coghill  for  carrying  it                                                               
through, and she told committee  members that they have documents                                                               
from a  "Lunch and Learn"  presentation done by the  taskforce in                                                               
February.   She expressed a concern  regarding pages 4 and  5 [of                                                               
SB  187] over  whether the  language only  offers protections  in                                                               
cases where there  is also evidence for an  investigation under a                                                               
criminal prosecution.   She  pointed out  that sometimes  a child                                                               
has been  abused and  there is an  examination and  photos taken,                                                               
but it  ends up being  a child-in-need-of-aid (CINA)  case rather                                                               
than a criminal  prosecution.  The same danger  could happen with                                                               
videos posted online, she said, and  "I don't want that to be the                                                               
effect,  where there's  a whole  class of  victims that  have the                                                               
potential of being re-victimized."   She said she cannot think of                                                               
a  sexual abuse  investigation that  would not  initially involve                                                               
the police, so if the law is  read in that way, "we are perfectly                                                               
happy with this,  but I just don't  want to leave out  a class of                                                               
victims."  Otherwise, she said,  the task force supports the bill                                                               
and the changes.                                                                                                                
                                                                                                                                
1:50:38 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  suggested  that  the sponsor  write  a  letter  of                                                               
explanation [to address the above concern].                                                                                     
                                                                                                                                
MS. MOSS  said, "They were trying  to word it so  that everything                                                               
in that paragraph  applied to CINA cases and  to criminal cases."                                                               
There was  concern that  only the first  sentence would  apply to                                                               
CINA  and  not  the  other  two sentences.  "They  wanted  to  be                                                               
inclusive,"  she added,  and she  offered to  get an  explanation                                                               
from Legislative Legal Services.                                                                                                
                                                                                                                                
1:51:47 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked if that was  the intent of the sponsor to make                                                               
sure that  CINA cases are  covered, and "you believe  that that's                                                               
what legal services has done?"                                                                                                  
                                                                                                                                
MS. MOSS said yes.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he wants  to be  sure that  it is                                                               
crystal  clear so  that no  one has  to come  back to  an obscure                                                               
House Judiciary hearing to sort it out.                                                                                         
                                                                                                                                
1:52:43 PM                                                                                                                    
                                                                                                                                
EMILY WRIGHT,  Assistant Attorney  General, Alaska  Department of                                                               
Law (DOL),  Child Protection Section, said  current CINA statutes                                                               
have a  huge amount of  confidentiality language built  in; there                                                               
are a lot of  protections already.  She said line  31 [of SB 187]                                                               
references  AS 47.10.011,  which  lists all  the  reasons that  a                                                               
child could be a child in need of aid.  She continued:                                                                          
                                                                                                                                
     If the  committee would like to  reference sexual abuse                                                                    
     and  sexual  abuse  statutes  for  child-in-need-of-aid                                                                    
     cases,  you could  add a  reference  to the  subsection                                                                    
     which specifically  deals with sexual abuse  and sexual                                                                    
     assault, which  is [paragraph] (7), and  then you would                                                                    
     also have the reference to  the criminal case, if there                                                                    
     is a criminal  case, and that way you  could cover both                                                                    
     sexual assault-sexual abuse of a  minor cases in a CINA                                                                    
     proceeding,   as  well   as  if   there's  a   criminal                                                                    
     proceeding.                                                                                                                
                                                                                                                                
1:54:04 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked if there would  be a danger of narrowing it to                                                               
the point that it increases the risk.                                                                                           
                                                                                                                                
MS. WRIGHT  said it would  narrow it  to sexual abuse  and sexual                                                               
abuse of  minor cases,  but her understanding  was that  that was                                                               
the point of the bill, to deal  with sexual abuse of minors.  The                                                               
DOL  position would  be that  there are  ample protections  under                                                               
CINA statutes in the rest of the realm, she stated.                                                                             
                                                                                                                                
CHAIR  KELLER clarified  that a  conceptual amendment  would just                                                               
add (7) on page 4, line 31, to read: AS 47.10.011(7).                                                                           
                                                                                                                                
1:55:11 PM                                                                                                                    
                                                                                                                                
MS. WRIGHT  pointed out that  the next reference to  the statute,                                                               
AS  47.14.300, is  the multidisciplinary  team, so  "that clearly                                                               
references all of the CINA sexual abuse statutes."                                                                              
                                                                                                                                
MS. MOSS said, "We introduced  this bill at the recommendation of                                                               
the Child  Justice Task  Force, and we've  been working  with the                                                               
Department of Law, with Jan  Rutherdale, with the task force, and                                                               
with  our legal  department  to  try to  get  this  right, and  I                                                               
thought we had it right."                                                                                                       
                                                                                                                                
1:56:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said he  sees "two potential differences                                                               
in here,"  and he  wants to  be sure  that the  bill accomplishes                                                               
what everyone wants  it to accomplish.  He asked  if the bill can                                                               
be put at the bottom of the  calendar to "let these guys talk and                                                               
see if  they want to  make a suggestion,  and then they  can come                                                               
back in a few minutes, because I  don't want you to be stuck with                                                               
the wrong thing."                                                                                                               
                                                                                                                                
CHAIR KELLER said that is a  very good suggestion, and he will do                                                               
so.  [SB 187 was set aside and taken up later in this hearing.]                                                                 
                                                                                                                                
1:57:42 PM                                                                                                                    
                                                                                                                                
        SB 108-CONFIDENTIALITY OF CRIMINAL CASE RECORDS                                                                     
                                                                                                                                
1:57:52 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
the CS  FOR SENATE  BILL NO.  108(JUD), "An  Act relating  to the                                                               
confidentiality  of  certain  records   of  criminal  cases;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CHAIR KELLER explained  that this legislation was  passed by this                                                               
committee because it  was included in HCS CSSB  64(JUD) [on April                                                               
9, 2014].   However,  the House  Finance Committee  has requested                                                               
[the  House Judiciary  Standing Committee  hear and  forward CSSB                                                               
108(JUD)] in  order that it has  both CSSB 108(JUD) and  HCS CSSB                                                               
64(JUD)  before it.   He  then requested  a motion  to move  CSSB                                                               
108(JUD).                                                                                                                       
                                                                                                                                
1:58:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  inquired as to  what version of  SB 108                                                               
is before the committee.                                                                                                        
                                                                                                                                
CHAIR   KELLER   clarified   that   before   the   committee   is                                                               
CSSB 108(JUD) [Version 28-LS0973\R].                                                                                            
                                                                                                                                
The committee took an at-ease from 1:58 p.m. to 2:00 p.m.                                                                       
                                                                                                                                
2:00:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  related  his  understanding  that  the                                                               
committee actually  rolled [CSSB 108(JUD)] into  HCS CSSB 64(JUD)                                                               
with  the  adoption  of  [Amendment  17  labeled  28-LS0116\L.18,                                                               
Gardner,  4/1/14, at  the meeting  on April  4, 2014].   He  then                                                               
surmised that the [next committee  of referral for CSSB 108(JUD)]                                                               
is the House Finance Committee.                                                                                                 
                                                                                                                                
CHAIR KELLER concurred.                                                                                                         
                                                                                                                                
CHUCK KOPP, Staff, Senator Fred  Dyson, Alaska State Legislature,                                                               
confirmed that Representative Gruenberg was correct.                                                                            
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   report  CSSB  108(JUD)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  108(JUD)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
2:01:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:01 p.m. to 2:04 p.m.                                                                       
                                                                                                                                
         HB 108-SURCHARGE ON FINES/ELEC. CITATION FUND                                                                      
                                                                                                                                
2:04:47 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 108,  "An Act  relating to  electronic citations;                                                               
creating  the  electronic citation  fund;  and  providing for  an                                                               
effective date."   He said  the committee  has looked at  HB 108,                                                               
Version O,  and now he  would like a motion  to put Version  P in                                                               
front of the committee.                                                                                                         
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   adopt  CSHB  108,  labeled  28-                                                               
LS0383\P, Wayne, 2/17/14, as the working document.                                                                              
                                                                                                                                
2:05:16 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER objected.  [Version P  was  treated as  if it  were                                                               
before the committee.]                                                                                                          
                                                                                                                                
REPRESENTATIVE  PEGGY  WILSON,  Alaska State  Legislature,  noted                                                               
that the  only difference between  Version O and  P in HB  108 is                                                               
the last line.  "All we did was  update the date," she said.  She                                                               
said  HB 108  would create  a  $10 surcharge  for minor  offenses                                                               
(tickets), which  would go  to create the  E-Citation Fund.   The                                                               
fund would  help police,  troopers, and courts  move to  the 21st                                                               
Century by using  electronic devices to issue  tickets instead of                                                               
using  paper  tickets,  she  stated.    Currently,  if  a  person                                                               
receives a ticket for running a  stoplight it could take up to 12                                                               
days to  go through the  court process.   She pointed out  that a                                                               
hand-written ticket  may be  hard to read,  and an  e-ticket will                                                               
eliminate many  errors.  With  HB 108, a  person will be  able to                                                               
pay  or appeal  a  ticket  almost instantly,  she  said.   Larger                                                               
Alaska municipalities  received grants from a  federal e-citation                                                               
program,  but the  money  is drying  up  and smaller  communities                                                               
still need  the equipment.  The  court system would love  for all                                                               
municipalities to have the capability,  she said, and the devices                                                               
add to  the safety of  peace officers  by reducing the  amount of                                                               
time an officer  has to be on  the side of a road.   Being struck                                                               
by a vehicle during a traffic  stop is the leading cause of death                                                               
for peace officers, she added.                                                                                                  
                                                                                                                                
2:08:02 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  asked why  a surcharge  is necessary  if electronic                                                               
citations are more efficient.                                                                                                   
                                                                                                                                
2:08:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PEGGY  WILSON  said  most  communities  with  the                                                               
devices received a  grant from the federal  government, but money                                                               
for the  grants has run  out, and HB 108  will allow the  rest of                                                               
the communities to get the devices.                                                                                             
                                                                                                                                
REPRESENTATIVE  LYNN said  that there  is as  much potential  for                                                               
error  when inputting  information into  an electronic  device as                                                               
when writing [paper tickets].  "Garbage in, garbage out."                                                                       
                                                                                                                                
REPRESENTATIVE PEGGY WILSON  said the problem is  that the ticket                                                               
has to go  through many people to be copied,  and many times rain                                                               
smudges the paper.                                                                                                              
                                                                                                                                
2:10:03 PM                                                                                                                    
                                                                                                                                
ARTHUR  MARTIN, Staff,  to  Representative  Peggy Wilson,  Alaska                                                               
State Legislature, said HB 108 will  help the state move into the                                                               
21st Century by moving away from  paper ticketing.  He noted that                                                               
the legislature  has slowly  been moving into  the use  of IPads,                                                               
which  are  more  efficient but  have  maintenance  and  training                                                               
costs.   The fiscal note outlines  what the fund will  do, and he                                                               
recollected that  members were worried  about using the  fund for                                                               
hidden cameras  and radars, but  this fund would  be specifically                                                               
to move the police departments into this century.                                                                               
                                                                                                                                
2:11:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked  how a police officer  would issue an                                                               
electronic citation to someone without a computer.                                                                              
                                                                                                                                
REPRESENTATIVE PEGGY  WILSON said  they will carry  something and                                                               
"just mark it off."  She said, "It's  kind of like our IPads.  We                                                               
can put  information on it  and that transfers over  to somewhere                                                               
else."  She  explained that the person who is  [being cited] does                                                               
not have to have the device.                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if  the person  who is  driving will                                                               
get anything.                                                                                                                   
                                                                                                                                
REPRESENTATIVE PEGGY WILSON  said that there is a  copy that gets                                                               
torn off and handed to the offender.                                                                                            
                                                                                                                                
2:13:04 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel,  Alaska  Court System,  clarified                                                               
that  the court  system would  not be  a recipient  of any  funds                                                               
under HB  108; the  money all  goes to  the Department  of Public                                                               
Safety  (DPS),  which has  the  discretion  to distribute  it  to                                                               
itself  or to  municipalities for  the equipment.   However,  the                                                               
court  system  is  very involved  in  electronic  citations,  she                                                               
added, as about  two thirds of minor  offense citations statewide                                                               
are filed electronically.   Most of the minor  offenses come from                                                               
traffic, littering,  alcohol, and  fish and game  violations, she                                                               
explained.   Currently, minor offenses  have a  "police training"                                                               
surcharge by  statute, which is  an extra  ten dollars.   "It was                                                               
nice and  neat and we could  predict how much this  would collect                                                               
because  it  would be  whatever  we  paid  last year  for  police                                                               
training surcharges," she said.                                                                                                 
                                                                                                                                
MS. MEADE said there were  about 60,000 minor offenses filed with                                                               
the  court  last year,  and  about  $204,000  is what  the  court                                                               
collected  for the  surcharge and  the  money goes  to the  state                                                               
general fund with a  notation that it go to DPS.   She added that                                                               
HB 108  is estimated to  generate about $200,000 from  the court.                                                               
The many  tickets that are unpaid  are sent to the  Department of                                                               
Law Collections  Unit.  When  that happens, a  person's permanent                                                               
fund  dividend  (PFD)   can  be  garnished.     This  makes  for,                                                               
potentially, another  $200,000, she  said, but  the DOL  does not                                                               
have a  100 percent collection  rate since these  collections are                                                               
the lowest  priority for garnishing PFDs.   Additionally, certain                                                               
cities collect their  own funds, and that would  be another chunk                                                               
of money that would go to the E-Citation Fund, she added.                                                                       
                                                                                                                                
2:17:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  asked if HB  108 will add  [the surcharge]                                                               
to citations placed under windshield wipers.                                                                                    
                                                                                                                                
MS.  MEADE said  tickets and  citations are  the same.   A  minor                                                               
offense is anything  punishable by a fine of under  $500, but the                                                               
surcharge is not added when the fine is less than $30.                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG surmised  that  the citation  equipment                                                               
belongs  to  DPS, and  he  asked  if  the  court system  has  any                                                               
experience with purchasing and using the equipment.                                                                             
                                                                                                                                
2:19:53 PM                                                                                                                    
                                                                                                                                
MS. MEADE  stated that  two thirds of  citations are  issued with                                                               
these  "Packet  Writers"   in  Alaska,  but  the   court  has  no                                                               
experience with purchasing the equipment.                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  about the  DPS  experience  "in                                                               
ramping  up to  use this  new  equipment."   He said  that he  is                                                               
concerned  about new  equipment  and that  it  be purchased  with                                                               
competitive bidding.                                                                                                            
                                                                                                                                
LIEUTENANT  RICK ROBERTS,  Alaska  State Troopers,  said DPS  has                                                               
been  using this  equipment  for  the last  five  years, and  the                                                               
Alaska  State  Troopers  use  a  system  called  TraCS  to  write                                                               
citations.   He stated  that 23 other  police agencies  in Alaska                                                               
also  use   TraCS,  and  the   Fairbanks  and   Anchorage  Police                                                               
Departments use other types of software.   He said they all use a                                                               
computer mounted in  the police cars and a scanner  to import the                                                               
bar code data from a person's  driver's license.  The cars have a                                                               
printer  for giving  a citation  to  the offender,  and then  the                                                               
information is  electronically sent  to the Alaska  Court System,                                                               
he explained.   This equipment has been purchased  by grant funds                                                               
over  the past  five  years,  and the  surcharge  will allow  for                                                               
refreshing and updating the equipment.                                                                                          
                                                                                                                                
2:22:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT asked  if  these items  would be  replaced                                                               
anyway, without the surcharge.                                                                                                  
                                                                                                                                
LIEUTENANT  ROBERTS  noted  that  "we  have  been  standing  this                                                               
equipment up  over the  last few years  with federal  grant money                                                               
that had been issued to the  Alaska Highway Safety Office.  We've                                                               
been, in turn, applying for grants  for this equipment."  He said                                                               
the  Division  of  Motor  Vehicles (DMV)  has  also  applied  for                                                               
equipment  grants, and  DPS has  purchased  equipment for  police                                                               
agencies using this  grant money from DMV and other  sources.  In                                                               
the future,  as federal grant  funding becomes less  available or                                                               
nonexistent,  DPS is  looking  for ways  to  identify funding  to                                                               
replace this,  not only  for the State  Troopers but  for smaller                                                               
agencies  that  might  not  have the  resources  to  replace  the                                                               
equipment, he stated.   He added that the equipment  is also used                                                               
for electronic crash  reports, and if this surcharge  is not made                                                               
available,  DPS will  probably  ask for  capital  funds or  other                                                               
funds to try and refresh this equipment.                                                                                        
                                                                                                                                
2:24:42 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  CSHB  108,  labeled  28-                                                               
LS0383\P, out  of committee  with individual  recommendations and                                                               
the  accompanying  fiscal  notes.   Hearing  no  objection,  CSHB                                                               
108(JUD) passed out of committee.                                                                                               
                                                                                                                                
        SB 187-CONFIDENTIAL INFORMATION: MISCONDUCT, RLS                                                                    
                                                                                                                                
2:25:12 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
the CS FOR  SENATE BILL NO. 187(JUD)(title am),  "An Act relating                                                               
to the crime of  misconduct involving confidential information in                                                               
the  first degree;  amending Rule  16, Alaska  Rules of  Criminal                                                               
Procedure; amending  Rule 8, Alaska  Child in Need of  Aid Rules;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
[The bill was heard earlier in this hearing.]                                                                                   
                                                                                                                                
The committee took an at-ease from 2:26 p.m. to 2:31 p.m.                                                                       
                                                                                                                                
2:31:24 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Senator  John  Coghill,  Alaska  State                                                               
Legislature, said she met with others  and is happy with the bill                                                               
as it  is.  Quinlan [Steiner  of Public Defender Agency]  was the                                                               
person who  recommended the amendment  that the  committee passed                                                               
last time, which, she said:                                                                                                     
                                                                                                                                
         added to line 30, on page 4, the language that                                                                         
        limitations on disclosure of certain recordings,                                                                        
       images, and records that are also evidence for an                                                                        
     investigation under AS 11.41.410 through 11.41.450.                                                                        
                                                                                                                                
MS. MOSS  said that Rule 8  is a rule  of CINA [Child in  Need of                                                               
Aid], which already is very  confidential, as the committee knows                                                               
through   the  years   of  passing   legislation  tightening   up                                                               
confidentiality, "but this  adds some subsections to  Rule 8 that                                                               
relate   to  criminal   investigations."   So,   she  said,   Jan                                                               
Rutherdale, Children's Justice Act  Task Force, and Emily Wright,                                                               
Assistant Attorney  General, have  looked at  the bill  and agree                                                               
with the  language.  Ms.  Wright had previously  mentioned adding                                                               
[paragraph] (7)  but was not saying  that it needed to  be added,                                                               
because that  would narrow the statute.   "So we like  it the way                                                               
it is," she concluded.                                                                                                          
                                                                                                                                
2:32:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said that  Ms.  Moss  has referred  to                                                               
language that is not in his version of the bill.                                                                                
                                                                                                                                
MS. MOSS  said, "That is  the amendment.   I'm reading it  as you                                                               
amended it at the last meeting."                                                                                                
                                                                                                                                
CHAIR KELLER  said Amendment  1, labeled  P.1, has  been adopted,                                                               
and that is what is being referenced.                                                                                           
                                                                                                                                
2:33:25 PM                                                                                                                    
                                                                                                                                
MS. MOSS said she is reading  that section as it was amended with                                                               
the conceptual amendment at the last meeting.                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  said, "This  is Conceptual  Amendment 1                                                               
by  Lynn,   adopted  without  objection.     That's  what  you're                                                               
referring to,  because they didn't  reprint Version P."   He said                                                               
he understands.                                                                                                                 
                                                                                                                                
2:34:13 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
REPRESENTATIVE LYNN  moved to report  CSSB 187(JUD),  labeled 28-                                                               
LS1145\P,   as  amended,   out  of   committee  with   individual                                                               
recommendations  and  the  updated  fiscal  notes.    Hearing  no                                                               
objections, HCS CSSB 187(JUD) passed out of committee.                                                                          
                                                                                                                                
2:35:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:35 p.m. to 2:36 p.m.                                                                       
                                                                                                                                
                     SB 173-SYNTHETIC DRUGS                                                                                 
                                                                                                                                
2:37:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
the  CS FOR  SENATE  BILL NO.  173(JUD), "An  Act  relating to  a                                                               
prohibition  on   the  possession,  offer,   display,  marketing,                                                               
advertising for sale, or sale of illicit synthetic drugs."                                                                      
                                                                                                                                
REPRESENTATIVE LYNN moved  to adopt CSSB 173(JUD)  as the working                                                               
document.                                                                                                                       
                                                                                                                                
2:37:30 PM                                                                                                                    
                                                                                                                                
EDRA  MORLEDGE,  Staff,  to Senator  Kevin  Meyer,  Alaska  State                                                               
Legislature,  noted  that   SB  173  was  a   companion  bill  to                                                               
Representative  Millet's HB  362, which  was heard  on March  26,                                                               
2014.  The bills are identical,  and she conferred with the legal                                                               
department in order to address  the questions that were raised at                                                               
that hearing.   She  pointed out  a memo  from the  bill drafter,                                                               
Kathleen Strasbaugh.                                                                                                            
                                                                                                                                
CHAIR KELLER listed  the witnesses who were available.   He asked                                                               
Ms. Strasbaugh to explain the new version of SB 173.                                                                            
                                                                                                                                
MS.  MORLEDGE said  there has  only been  one version  before the                                                               
committee, and  that was HB  362, which  is identical to  SB 173,                                                               
which is now before the committee.                                                                                              
                                                                                                                                
2:40:25 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said  he was satisfied with the  legislation at that                                                               
time.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if  the memo Ms. Morledge referred                                                               
to is dated February 10, 2014.                                                                                                  
                                                                                                                                
MS. MORLEDGE said there is a more recent version.                                                                               
                                                                                                                                
2:41:17 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:41 p.m. to 2:46 p.m.                                                                       
                                                                                                                                
2:46:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG, [referring to  the March 28, 2014, memo                                                               
from  Kathleen  Strasbaugh  to   Senator  Meyer  containing  nine                                                               
questions  with answers/recommendations  regarding SB  173], said                                                               
he  would be  interested in  knowing the  sponsor's views  "as we                                                               
take  up  each   one,  because  there  are   some  that  Kathleen                                                               
specifically recommends we adopt, and  some that she doesn't seem                                                               
to recommend,  and I  don't know if  there's anything  that falls                                                               
in-between."                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PRUITT  said,   "There   are   three  of   these                                                               
[question/answers in Ms. Strasbaugh's memo]  that caught my eye."                                                               
With  regard  to number  6,  he  asked  if  the bill  contains  a                                                               
loophole.                                                                                                                       
                                                                                                                                
2:48:16 PM                                                                                                                    
                                                                                                                                
KATHLEEN   STRASBAUGH,    Attorney,    Legislative    Legal   and                                                               
Research   Services,  Legislative   Affairs   Agency,  said   she                                                               
would  not  call  it  a  loophole.    The  law  is  designed   to                                                               
address  a particular  type  of product  and transaction,   which                                                               
is characterized   by the  lack  of disclosure  of  the contents                                                                
and misleading   packaging.   It does  not address  the chemical                                                                
composition  of  the substance,  she explained.    If a purveyor                                                                
of  one of  these  products  did correctly   label it,  it  would                                                               
not  be  in violation   of this  law,  but  a  few  other  things                                                               
might  occur.  If  there is  no disclosure,  the  product  cannot                                                               
be imported,  she  stated.   Additionally,  the  product may  not                                                               
be  found safe  for  human  consumption,  so  the  disclosure  of                                                               
the  contents   may  make  the  product  run  afoul  of  federal                                                                
regulations.    Misrepresentation,  with  or without  disclosure                                                                
of  contents,   is  something   that  the  FDA  (Food   and  Drug                                                               
Administration)   enforces,  but  it tends  to  go  after larger                                                                
purveyors,  she  said.   The basis  of the  statute  is directed                                                                
toward mislabeling, she added.                                                                                                  
                                                                                                                                
2:50:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PRUITT related  that  he  is not  very familiar                                                                
with  the FDA,  which he  finds  to be confusing.    He spoke  of                                                               
misleading  claims  on  supplement  packaging,  which  may  state                                                               
that  a product  was not  reviewed  by the  FDA, so  he asked  if                                                               
the maker of the [synthetic drugs] could do the same.                                                                           
                                                                                                                                
MS.  STRASBAUGH  said  the  FDA  will   go  after  a  supplement                                                                
product  if  its claims  are  inaccurate,   but not  necessarily                                                                
every   supplement.      The   FDA  website    has  a   list   of                                                               
enforcement    items   addressing    supplements,   she    added.                                                               
"There  are some  circumstances  under  which misleading   claims                                                               
can be prosecuted under federal law," she said.                                                                                 
                                                                                                                                
2:53:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX said  if  something  is packaged  with  a                                                               
list  of  all  of  the  ingredients   with  a  notice   that  the                                                               
product  is  not safe  for  human consumption,   will  that be  a                                                               
violation of anything?                                                                                                          
                                                                                                                                
MS.  STRASBAUGH answered   that  an accurate   portrayal  of  the                                                               
product  and the  terms of  effect might  well not  be pursuable                                                                
under  this law.   In  order to  be in violation  of  SB 173,  it                                                               
would have to violate the misrepresentation provisions.                                                                         
                                                                                                                                
2:55:19 PM                                                                                                                    
                                                                                                                                
CYNTHIA   FRANKLIN,  Prosecutor,   Municipality   of  Anchorage,                                                                
said  Anchorage  passed   an ordinance   similar  to  SB  173  in                                                               
January,  2014,  and  there  has  been  some  enforcement.    The                                                               
ordinance   addresses  the  packaging,   which  is  designed   to                                                               
address  the lack  of laws,  so the  idea of manufacturers   just                                                               
listing  all ingredients   is not  realistic,  she  stated.   The                                                               
purveyors    of  these    products   are   drug   dealers,    she                                                               
explained,  and  that is  why the  packages  do not  contain  the                                                               
contents.   The  dealers often  do not  know what  the chemicals                                                                
are.   She said  this is  not a legitimate  consumer  product-it                                                                
is drug  dealers  packaging  up drugs  and selling  them as  IPod                                                               
cleaners,  potpourri,  and  aromatic  substances,   for example.                                                                
She understands   why the committee  is  trying  to imagine  what                                                               
could  come  about  and  how  the drug  dealers  might  respond,                                                                
but  it is  difficult  for  her to  imagine  the  dealers  saying                                                               
"let's  just list  all  of these  substances  that  we're coming                                                                
up  with  to  create   these  crazy   synthetic  drugs"   to  get                                                               
around  this law.   She  explained  that the  law  is to address                                                                
the  retailing   of   the  product   in  Alaska's   communities,                                                                
because   the  retailers   have   insisted  that   because   they                                                               
cannot  keep up  with the  chemical combinations   that the  drug                                                               
dealers  are coming  up with,  that the  products  are therefore                                                                
legal and they can sell them over the counter.                                                                                  
                                                                                                                                
2:58:11 PM                                                                                                                    
                                                                                                                                
MS.  FRANKLIN  said  the response   of the  Anchorage  ordinance                                                                
has  been retailers  taking  the  products  off of  the shelves.                                                                
Whether  or  not  the  retailer  would  accept   a product   that                                                               
looked,  in every  way,  like  these illegal  substances   except                                                               
that  they have  the ingredients   listed out,  would  be a  two-                                                               
fold  question:  Would the  retailer sell  it, and,  if officers                                                                
seized  it,  would  it  be prosecuted?    It  can  be  a sliding                                                                
scale,  she  stated.   If the  label  says  it is  potpourri  and                                                               
is  not  for   human  consumption,   and   the  ingredients   are                                                               
listed,  "would  I,  as the  prosecutor,  be  able  to prosecute                                                                
that  case  successfully?"    She said  it  would  likely  depend                                                               
on the  other  things  on the  package that  are  encompassed  by                                                               
the statute.   As  a career  prosecutor,  she does  not see  that                                                               
happening,  because   [it  is a  false]  assumption   that  these                                                               
are  legitimate  products  with a  person on  the other  end  who                                                               
is  trying  to sell  a  legitimate  product.    These  are  drugs                                                               
coming  into our  communities,  she  said,  and the  reason  they                                                               
are  not  properly  labeled  is  because  they  are  labeled  and                                                               
sold by drug dealers who do not even know what is in them.                                                                      
                                                                                                                                
2:59:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  asked  if  the  state  or  municipality                                                                
can  prosecute   on  a  product  listed   with  a  half  million                                                                
different   things   that  says   it  is  not   safe  for   human                                                               
consumption.     "Does  the  municipal   prosecutor  take   these                                                               
things  and test  them  out to  make sure  that  everything  that                                                               
they  say is  listed is  listed  and that  there  isn't anything                                                                
else  in them?"   The  items  may now  be  off the  shelves,  but                                                               
just  like the  drug dealers  have  figured  out that  they  need                                                               
to  change  the ingredients   in order  to  circumvent  the  law,                                                               
"why  wouldn't  they figure  out  that they  need to  change  the                                                               
packaging in order to circumvent the law?"                                                                                      
                                                                                                                                
3:00:38 PM                                                                                                                    
                                                                                                                                
MS.  FRANKLIN  said she  thinks  the  officers  would  look at  a                                                               
package  and make  a  determination,  and  they might  seize  the                                                               
package  and  not  issue a  citation  until  prosecutors   looked                                                               
at it.   She  said if  the item  met  the ordinance  guidelines,                                                                
the  prosecutor  would file  a  citation.   The municipality   is                                                               
not  testing  the  substances;   the  idea  is  to address   them                                                               
without  requiring   the  traditional   forensic  analysis   that                                                               
the  manufacturers  have  kept  ahead  of, she  explained.    She                                                               
said  to keep  in  mind that  that  these  products  are shipped                                                                
nationally,   and   listing   the  ingredients    will  make   it                                                               
difficult  to stay  ahead of  all state  and federal  laws.   She                                                               
said  that listing  the  actual  ingredients  on the  product  is                                                               
not the response she foresees to this legislation.                                                                              
                                                                                                                                
3:04:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  said  he  would  like  to  hear  from                                                               
someone  on  the defense  bar,  because  there  are a  number  of                                                               
very  significant   legal  issues.     Prosecutors  are  charged                                                                
with  enforcing  the laws  and  making sure  that  anything  they                                                               
draft  can survive  challenges.    He said  he wants  someone  to                                                               
go  through   SB  173   to  highlight   the   problems  and   the                                                               
challenges,  "so  we can deal  realistically  with  whether  this                                                               
bill is going to be enforced."                                                                                                  
                                                                                                                                
CHAIR KELLER said he will get someone.                                                                                          
                                                                                                                                
REPRESENTATIVE   LEDOUX  said   she  suspects  this  bill   might                                                               
survive   a  constitutional   challenge-or   there  will   be  no                                                               
challenges-because   it has  a  civil penalty,  where  providing                                                                
a public  defender  is  not required  and  there is  no right  to                                                               
a trial by jury.                                                                                                                
                                                                                                                                
3:06:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   said  whether  SB  173  survives   a                                                               
challenge  is  not  the  question.    It  will  ultimately  be  a                                                               
business  decision  by the  government  on  whether  it is  worth                                                               
prosecuting  somebody   for  a little  bottle,  he  stated.    He                                                               
noted  page  3,  line  8, regarding   compliance  with  state  or                                                               
federal  law,  and asked  if the  product  were manufactured   in                                                               
Idaho  but sent  to Alaska  to be sold,  would it  be the law  of                                                               
Idaho  that  sets   the  standard,  the  law  of  Alaska,   or  a                                                               
violation of interstate commerce?                                                                                               
                                                                                                                                
3:08:15 PM                                                                                                                    
                                                                                                                                
MS. MORLEDGE  said  the sponsor's  intent  is that  the activity                                                                
would fall under Alaska law.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  someone  should  testify on  the                                                               
issue of interstate commerce under federal law.                                                                                 
                                                                                                                                
CHAIR KELLER said Mr. Steiner is on the phone.                                                                                  
                                                                                                                                
REPRESENTATIVE   GRUENBERG  asked  if  there  are any  practical                                                                
or constitutional issues with SB 173.                                                                                           
                                                                                                                                
3:10:38 PM                                                                                                                    
                                                                                                                                
QUINLAN STEINER, Public Defender,  Public Defender Agency, Alaska                                                               
Department of  Administration, noted  that he worked  on  SB  173                                                               
when  it had a  criminal penalty,  and  he had concerns  at  that                                                               
time.   The bill  sponsor  clarified that  the penalty  is  now a                                                               
violation,  so  his  concerns  were  satisfied  and  he  did  not                                                               
see  any   problems.     "It  wouldn't   implicate   the   public                                                               
defender  at all,"  but  it is  broadly  written and  that  would                                                               
have  caused  him concern  when  attaching  a criminal  penalty,                                                                
but as a civil penalty it is not as dramatic, he explained.                                                                     
                                                                                                                                
REPRESENTATIVE   GRUENBERG  asked  Mr.  Steiner  to  look  at  SB                                                               
173  as  a lawyer  defending   a person  from  civil  penalties.                                                                
He   asked  if   there   things   that  may   cause   points   of                                                               
litigation or problems.                                                                                                         
                                                                                                                                
MS.  STEINER  said he  is reluctant   to answer  that.   He  does                                                               
not  get  involved  with  civil  matters,   and  although  it  is                                                               
structured   like   a   criminal   penalty,   SB   173  involves                                                                
commerce,  and  he is  not comfortable   assessing  its impacts.                                                                
"These  types of  restrictions  on food  items and  other  things                                                               
you  might   eat  or  ingest  is  not   something  I'm  familiar                                                                
with," he declared.                                                                                                             
                                                                                                                                
3:12:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PRUITT  asked  about  the  sixth  point  in  Ms.                                                               
Strasbaugh's   memo.     Part   of  the   problem   [with   these                                                               
products]  is  that the  content  can  be changed,  and  now  the                                                               
name  can  be  changed,  he  said.   He  asked  if  this  is  the                                                               
"best  thing  that  we have  going  forward  to  try  to address                                                                
the issue  where  we're not  having to  try and  come back  every                                                               
year  and  fill  in loopholes   or oversights   or  changes  that                                                               
these   intelligent    drug   dealers   or   manufacturers    are                                                               
making?"  He asked if something needs to be added.                                                                              
                                                                                                                                
3:14:45 PM                                                                                                                    
                                                                                                                                
MS.  FRANKLIN   said  she  sees  this  strategy   as  a  tool  to                                                               
address a huge problem in Anchorage, which is the over-the-                                                                     
counter  sale  of  such products   and their  representation   as                                                               
being  safe.   The  products  are  primarily  marketed  to  young                                                               
people  who believe  that when  they buy  a product  in a  store,                                                               
it  must be  safe.   She  said  a person  can  just walk  into  a                                                               
store   and   buy   it,  and   the   Anchorage   ordinance    was                                                               
specifically  written  to  address  the concept  that  there  are                                                               
things  sold  in  stores  that  are  unregulated   and,  in  this                                                               
case,  extremely  unsafe.    She  told  the  committee  that  she                                                               
has  been   prosecuting   since  1989  and   has  lived  through                                                                
various  designer  drug  waves,  and  her  belief  is  that  this                                                               
type  of legislation   addressing  the  sale  of these  products                                                                
makes the problem go away.                                                                                                      
                                                                                                                                
3:16:30 PM                                                                                                                    
                                                                                                                                
MS. FRANKLIN  noted  that that  has happened  in  a short  amount                                                               
time  in  Anchorage,   because   stores  do  not  want   to  sell                                                               
illegal  products,  so  once  the  Anchorage  Assembly  made  the                                                               
ordinance,  the stores  did  not want  any part  of [the trade].                                                                
Decreasing   availability   does  address   the  problem.     She                                                               
noted  that the  products  can still  be  sold on  the Internet,                                                                
and  that   is  why   the  Anchorage   ordinance   contains   the                                                               
possession  element  to allow  officers  to ticket  individuals,                                                                
which will turn a person's $35 high into a $535 high.                                                                           
                                                                                                                                
3:17:07 PM                                                                                                                    
                                                                                                                                
MS.  FRANKLIN said,  "We  think of  it as  a tool;  not the  end-                                                               
all  be-all."   She explained  that  the  names of  the products                                                                
were  included in  the ordinance  to make  it easy  for officers                                                                
if  they  encounter  that  particular  package.    She  said  she                                                               
realizes   that  it  will   be  a  challenge   keeping  up   with                                                               
product  names,  but  the  assembly  can  update  the  city  code                                                               
more  easily  than  legislators   can  update  state  law.    The                                                               
city  anticipates  that  it  will  update  the  list  of product                                                                
names,  but  it will  be a  challenge  on  the statewide   level,                                                               
she  stated.   She  noted that  the  packages  she has  seen  are                                                               
homemade  with  misspelled   words;  they  are  manufactured   in                                                               
someone's   basement.    The  Anchorage   Assembly  specifically                                                                
designed  the ordinance  to  negate the  idea that  something  is                                                               
safe  if  it can  be  purchased  over  the  counter.    She  said                                                               
that  the minute  that  the retailers  were  convinced  that  the                                                               
community  condemned  the  sale  of  these  products,  they  took                                                               
them off the shelves.                                                                                                           
                                                                                                                                
3:19:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  said  since the  legislature  meets  only                                                               
once  a year,  he wants  to be sure  SB 173  is right.   He  said                                                               
he  would  like to  address  the  aspect  of  listing  the  names                                                               
[of the  products]  and if  there is  nothing to  stop [dealers]                                                                
from  changing  names.    What  wording  would  cover  a product                                                                
with  a different  name  so the  legislature  would  not have  to                                                               
wait a year to [add a name to the list]?                                                                                        
                                                                                                                                
3:20:26 PM                                                                                                                    
                                                                                                                                
MS.  FRANKLIN   said  Anchorage   Assembly   members  named   the                                                               
names   they  were   aware  of,   and  those   names  came   from                                                               
undercover  purchases,  confiscations   from individuals  in  the                                                               
drunk  tank, and  other  sources.   So they  knew  such products                                                                
had  a high  likelihood   of being  [sold]  in  Alaska,  but  the                                                               
rest  of  language  is  designed  to  address  products  without                                                                
requiring  a specific  name,  she explained.   It  is a two-fold                                                                
approach:  listing   the  known  products  and  giving  officers                                                                
the tools to identify the products with different names.                                                                        
                                                                                                                                
3:21:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    PRUITT   asked   what   the   penalty   is   in                                                               
Anchorage.                                                                                                                      
                                                                                                                                
MS. FRANKLIN said it is a $500 fine per packet.                                                                                 
                                                                                                                                
REPRESENTATIVE   PRUITT said  question  3  [in Ms.  Strasbaugh's                                                                
memo]  indicates  that  it  is  not necessary   to  clarify  that                                                               
the  $500   penalty   is  for  each   package.     It  might   be                                                               
appropriate  to  clarify  that,  he  opined.   Additionally,   he                                                               
said,  before  the  committee  is  an  article  from  the  Alaska                                                               
Dispatch   with   a   2013   photo   of  WTF   brand   synthetic                                                                
marijuana, and that brand is not on the list in SB 173.                                                                         
                                                                                                                                
3:23:40 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER   said  the  committee   will  take  that   up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE   LEDOUX   suggested  leaving   this  law   up  to                                                               
municipalities since they can update the list more easily.                                                                      
                                                                                                                                
CHAIR  KELLER  said  that  is  a  new  question.    He  wants  to                                                               
clarify the nine questions before the committee.                                                                                
                                                                                                                                
REPRESENTATIVE    GRUENBERG   said   he   was   going   in   that                                                               
direction, and he has questions on the fiscal note.                                                                             
                                                                                                                                
3:25:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:25 p.m. to 3:26 p.m.                                                                       
                                                                                                                                
CHAIR  KELLER noted  that  it is  late in  the day,  and he  will                                                               
set SB 173 aside and bring it up on Monday.                                                                                     
                                                                                                                                
REPRESENTATIVE   GRUENBERG  said it  will take  time  for him  to                                                               
digest  this bill,  and  he asked  the sponsor's  staff  to  talk                                                               
with  committee  members   in  their  offices.    He  said  there                                                               
could  be  a lot  of  money  spent  without  much return,   since                                                               
the municipalities are doing this anyway.                                                                                       
                                                                                                                                
[SB 173 was held over.]                                                                                                         
                                                                                                                                
3:27:06 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:27 P.M.                                                                 

Document Name Date/Time Subjects
HCSCSSB 171 (JUD) Proposed Amendment Y.1.pdf HJUD 4/11/2014 1:00:00 PM
SB 171
HCSCSSB 187 (JUD) Proposed Amendment P.1.pdf HJUD 4/11/2014 1:00:00 PM
SB 187
CSSB 108 (JUD) Sponsor Statement.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
CSSB 108 (JUD) Sectional Analysis.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
CSSB 108 (JUD) Summary of Changes.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
CSSB 108 (JUD) Fiscal Note~LAW Updated.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 64~OVR Letter in Opposiiton to SB 108 Language in SB 64.pdf HJUD 4/11/2014 1:00:00 PM
SB 64
SB 108
SB 108 Opposition Letter~Office of Victims Rights.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Document~Civil Rule 37.5.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letter~Carmen Gutierrez.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letters.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letter~Mary Geddes.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letter~James Noble.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 173 Sponsor Statement.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
CSSB 173 (JUD) ver. O Summary of Changes.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
CSSB 173 (JUD) ver. O Sectional Analysis.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
CSSB 173 (JUD) Fiscal Note~OPA Updated.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Legal Memo Feb. 2014.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~NCSL Synthetic Drug Threat.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~Office of National Drug Control Policy.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~ 2014 Mat-Su Health Foundation Resolution.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~Anchorage Synthetic Drug Ordinance.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~Wasilla Proposed Synthetic Drug Ordinance.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Document~City of Bangor Synthetic Drug Ordinance.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Letter~AACP.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Letter~APOA.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
SB 173 Support Letter~Mayor Dan Sullivan.pdf HJUD 4/11/2014 1:00:00 PM
SB 173
CSHB254 Support Documents - AMAC.pdf HJUD 4/11/2014 1:00:00 PM
HB 254
SB 108 Opposition Letter~Ellen Segal.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 108 Support Letter~Carmen Gutierrez April 2014.pdf HJUD 4/11/2014 1:00:00 PM
SB 108
SB 173 Leg. Legal Memo~March 28, 2014.pdf HJUD 4/11/2014 1:00:00 PM
SB 173