05/10/2007 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| SB145 | |
| HJR2 | |
| HB250 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 250 | TELECONFERENCED | |
| + | HJR 2 | TELECONFERENCED | |
| + | SB 145 | TELECONFERENCED | |
| + | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 10, 2007                                                                                          
                           1:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Bob Buch                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 145                                                                                                             
"An Act relating to municipal impoundment and forfeiture."                                                                      
                                                                                                                                
     - MOVED HCS SB 145(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 2                                                                                                    
Proposing an amendment to the Constitution of the State of                                                                      
Alaska requiring an affirmative vote of the people before any                                                                   
form of gambling for profit may be authorized in Alaska.                                                                        
                                                                                                                                
     - MOVED CSHJR 2(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 250                                                                                                              
"An Act relating to children engaging in inappropriate sexual                                                                   
conduct."                                                                                                                       
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 145                                                                                                                  
SHORT TITLE: MUNIS IMPOUND/FORFEIT MOTOR VEHICLE                                                                                
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
03/28/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/28/07       (S)       CRA, JUD                                                                                               
04/24/07       (S)       CRA AT 3:30 PM BELTZ 211                                                                               
04/24/07       (S)       Moved CSSB 145(CRA) Out of Committee                                                                   
04/24/07       (S)       MINUTE(CRA)                                                                                            
04/25/07       (S)       CRA RPT CS  4DP   NEW TITLE                                                                            
04/25/07       (S)       DP: OLSON, WAGONER, STEVENS, KOOKESH                                                                   
04/30/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
04/30/07       (S)       Heard & Held                                                                                           
04/30/07       (S)       MINUTE(JUD)                                                                                            
05/04/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
05/04/07       (S)       Moved SB 145 Out of Committee                                                                          
05/04/07       (S)       MINUTE(JUD)                                                                                            
05/07/07       (S)       JUD RPT   3DP                                                                                          
05/07/07       (S)       DP: FRENCH, THERRIAULT, WIELECHOWSKI                                                                   
05/08/07       (S)       TRANSMITTED TO (H)                                                                                     
05/08/07       (S)       VERSION: SB 145                                                                                        
05/09/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/09/07       (H)       JUD                                                                                                    
05/10/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HJR  2                                                                                                                  
SHORT TITLE: CONST.AM:NO GAMING WITHOUT VOTER APPROVAL                                                                          
SPONSOR(s): REPRESENTATIVE(s) CRAWFORD, DAHLSTROM                                                                               
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       STA, JUD, FIN                                                                                          
05/03/07       (H)       STA RPT 1DP 1NR 4AM                                                                                    
05/03/07       (H)       DP: LYNN                                                                                               
05/03/07       (H)       NR: GRUENBERG                                                                                          
05/03/07       (H)       AM: JOHNSON, JOHANSEN, DOLL, ROSES                                                                     
05/03/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
05/03/07       (H)       Moved Out of Committee                                                                                 
05/03/07       (H)       MINUTE(STA)                                                                                            
05/10/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 250                                                                                                                  
SHORT TITLE: YOUTH INAPPROPRIATE SEXUAL CONDUCT                                                                                 
SPONSOR(s): REPRESENTATIVE(s) DOOGAN                                                                                            
                                                                                                                                
05/02/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/02/07       (H)       JUD, FIN                                                                                               
05/10/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR LESIL MCGUIRE                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of SB 145.                                                                          
                                                                                                                                
DAN MOORE, Treasurer                                                                                                            
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During hearing of SB 145, answered                                                                       
questions.                                                                                                                      
                                                                                                                                
JIM REEVES, Municipal Attorney                                                                                                  
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During hearing of SB 135, answered                                                                       
questions.                                                                                                                      
                                                                                                                                
STEVE SMITH                                                                                                                     
Anchorage Police Department (APD)                                                                                               
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Characterized SB 145 as a tool for law                                                                   
enforcement.                                                                                                                    
                                                                                                                                
JOSH FREEMAN, Assistant Municipal Attorney                                                                                      
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During hearing of SB 145, answered                                                                       
questions.                                                                                                                      
                                                                                                                                
REPRESENTATIVE HARRY CRAWFORD                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as a joint prime sponsor of HJR 2.                                                                 
                                                                                                                                
LEONARD WELLS                                                                                                                   
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  During hearing of HJR 2, asked questions.                                                                
                                                                                                                                
ED MOEGLEIN                                                                                                                     
Alaska Charitable Non Profits Organization                                                                                      
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HJR 2.                                                                           
                                                                                                                                
PAMELA SAMASH                                                                                                                   
Nenana, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HJR 2.                                                                           
                                                                                                                                
REPRESENTATIVE MIKE DOOGAN                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 250.                                                                          
                                                                                                                                
SHARON ARAJI, Ph.D., Professor of Sociology                                                                                     
University of Alaska - Anchorage;                                                                                               
Chair, Task Force on Preadolescent  Children with Sexual Behavior                                                               
Problems                                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     During   hearing  of  HB   250,  related                                                             
information she  has found through  her research on the  topic of                                                               
preadolescent children with sexual behavior problems.                                                                           
                                                                                                                                
DAVE PARKER, Lieutenant                                                                                                         
Anchorage Police Department (APD)                                                                                               
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During hearing  of HB  250, expressed  the                                                             
need to more effectively address this problem.                                                                                  
                                                                                                                                
CYNTHIA BRADLEY, Detective                                                                                                      
Anchorage Police Department (APD)                                                                                               
Municipality of Anchorage (MOA);                                                                                                
Co-Chair,  Task  Force  on  Preadolescent  Children  with  Sexual                                                               
Behavior Problems                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  hearing  of  HB 250,  related  her                                                             
experience  with  preadolescent  children  with  sexual  behavior                                                               
problems.                                                                                                                       
                                                                                                                                
DENNIS MALONEY, Attorney at Law                                                                                                 
P. Dennis Maloney P.C.                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided comments on HB 250.                                                                             
                                                                                                                                
JEFFREY MAGID, Attorney at Law                                                                                                  
P. Dennis Maloney P.C.                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 250.                                                                                     
                                                                                                                                
MARY ELAM, Program Director                                                                                                     
Standing Together Against Rape (STAR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During  hearing of  HB 250,  emphasized the                                                             
need for intervention and treatment.                                                                                            
                                                                                                                                
JOSH FINK, Director                                                                                                             
Anchorage Office                                                                                                                
Office of Public Advocacy (OPA)                                                                                                 
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Expressed concerns with HB 250.                                                                          
                                                                                                                                
JAN RUTHERDALE, Senior Assistant Attorney General                                                                               
Child Protection Section                                                                                                        
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     During  hearing  of   HB  250,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
MIKE LESMANN, Program Coordinator                                                                                               
Office of Children's Services                                                                                                   
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified that  OCS is  unable to  support                                                             
HB 250 at this time.                                                                                                            
                                                                                                                                
DAVID SPERBECK, Ph.D., Forensic and Clinical Psychologist                                                                       
North Star Hospital                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 250.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order  at  1:10:54   PM.    Representatives  Ramras,                                                             
Dahlstrom, Lynn, Gruenberg,  and Holmes were present  at the call                                                               
to order.   Representatives  Coghill and  Samuels arrived  as the                                                               
meeting was in  progress.  Also in  attendance was Representative                                                               
Buch.                                                                                                                           
                                                                                                                                
SB 145 - MUNIS IMPOUND/FORFEIT MOTOR VEHICLE                                                                                  
                                                                                                                                
1:11:09 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
SENATE BILL  NO. 145, "An  Act relating to  municipal impoundment                                                               
and forfeiture."                                                                                                                
                                                                                                                                
1:11:27 PM                                                                                                                    
                                                                                                                                
SENATOR  LESIL   MCGUIRE,  Alaska  State   Legislature,  sponsor,                                                               
explained  that  SB  145  amends Title  28,  which  allows  local                                                               
municipalities  to adopt  individual  ordinances for  impoundment                                                               
and forfeiture  of vehicles.   This legislation only  pertains to                                                               
motor vehicles.  Under SB 145,  AS 28.01.015(5) is added to allow                                                               
municipalities to  adopt ordinances for impoundment  of the motor                                                               
vehicle  of those  who  have over  $1,000  in delinquent  traffic                                                               
fines or violations within that  municipality.  This legislation,                                                               
the   so-called  scofflaws,   addresses   the   small  group   of                                                               
individuals  who simply  do not  pay their  fines.   In fact,  an                                                               
individual in  Anchorage has over 43  citations, totaling $9,310.                                                               
Another  Anchorage resident  has over  70 traffic  citations that                                                               
total over $7,000 in unpaid fines.   The current liability in the                                                               
Municipality  of   Anchorage  (MOA)   is  $7.5  million.     This                                                               
legislation merely provides a tool for municipalities.                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES related  that she is very  supportive of SB
145.   She  then  inquired  as to  whether  the  vehicles can  be                                                               
impounded  without a  hearing  or  whether there  needs  to be  a                                                               
separate  charge brought  at the  time the  individual is  pulled                                                               
over.                                                                                                                           
                                                                                                                                
SENATOR  MCGUIRE  noted  that during  the  consideration  of  the                                                               
legislation  on the  Senate floor,  there was  the suggestion  to                                                               
make the  actual accumulation  of over $1,000  in fines  a crime.                                                               
Senator McGuire  related that she disagreed  with that suggestion                                                               
because  it,  she opined,  makes  a  crime  upon  a crime.    She                                                               
expressed her  belief that  vehicles can  be forfeited  for these                                                               
[violations] so long as notice  and the opportunity for a hearing                                                               
is  afforded.    The  process  in  which  the  government  seizes                                                               
property  should  be  a  thoughtful and  careful  act.    Senator                                                               
McGuire  specified   that  she  feels  comfortable   keeping  the                                                               
legislation  as is  and  asking the  municipality  to adopt  fair                                                               
articles for notification  and due process such  that the seizure                                                               
can occur without making it a crime.                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if  it's the sponsor's  intent to                                                               
limit the  legislation to moving  violations or could  it include                                                               
parking violations as well.                                                                                                     
                                                                                                                                
SENATOR MCGUIRE  explained that  when the  municipality contacted                                                               
her it expressed  interest in the legislation  being broader [by]                                                               
making it a  crime.  Whether the violation is  a moving violation                                                               
or a stationary violation, it's the same net effect, she noted.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG asked  if the term "traffic"  on page 2,                                                           
line 1, includes stationary and  moving violations.  He expressed                                                               
the desire to use language that relates the sponsor's intent.                                                                   
                                                                                                                                
1:23:47 PM                                                                                                                    
                                                                                                                                
DAN MOORE,  Treasurer, Municipality  of Anchorage  (MOA), related                                                               
his  understanding that  the intent  is that  the term  "traffic"                                                           
will  refer  to  moving  violations.    He  related  his  further                                                               
understanding  that  there's  no  intent  to  include  stationary                                                               
violations.                                                                                                                     
                                                                                                                                
SENATOR MCGUIRE related her impression  that the municipality had                                                               
two sections  of the  law in which  there are  significant unpaid                                                               
fines,  some of  which are  moving and  some are  stationary, and                                                               
thus the  municipality wanted the  tool in both areas.   Although                                                               
Senator  McGuire  specified  that  she  wanted  to  do  what  the                                                               
municipality wants, she  reiterated her belief that  the same net                                                               
effect results  in relation to  unpaid fines whether  they're for                                                               
moving violations or stationary violations.                                                                                     
                                                                                                                                
MR.  MOORE  the two  areas  in  which  the municipality  had  the                                                               
largest problem  in terms of  unpaid fines is related  to traffic                                                               
fines, which  are truly moving  violations under MOA's law.   The                                                               
other  category was  criminal fines,  which deal  with a  host of                                                               
things that tie  into moving violations with  driving while under                                                               
the influence  (DUI).  The  hope, he  opined, is that  through SB
145  an  additional  consequence  can be  created  for  the  most                                                               
extreme  cases.   The  trigger  would be  the  amount  owed.   He                                                               
remarked that MOA views SB 145  as a public safety tool in trying                                                               
to change behavior rather than as a collection tool.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG   recommended  that  a   definition  of                                                               
"traffic fines"  be included  in the legislation  in order  to be                                                           
clear.                                                                                                                          
                                                                                                                                
SENATOR MCGUIRE  interjected that one  option is to  simply refer                                                               
to "moving violations".  She  inquired as to the rationale behind                                                               
using the term "traffic fines".                                                                                             
                                                                                                                                
MR. MOORE  explained that the cases  with a long record  of fines                                                               
are  all  judgment  cases  that  have  gone  through  the  court,                                                               
specifically  through  traffic  court.     Therefore,  these  are                                                               
considered minor  offenses, moving  violations that  are separate                                                               
from parking  violations.  He  noted that parking  violations are                                                               
adjudicated through an entirely  different process.  According to                                                               
MOA's  law, a  traffic  violation  is a  moving  violation not  a                                                               
parking violation.                                                                                                              
                                                                                                                                
CHAIR  RAMRAS asked  if  Mr.  Moore would  like  to relate  MOA's                                                               
preference for the legislation, in  relation to whether it should                                                               
be broadened or left as currently before the committee.                                                                         
                                                                                                                                
MR. MOORE deferred to Mr. Reeves.                                                                                               
                                                                                                                                
1:28:48 PM                                                                                                                    
                                                                                                                                
JIM REEVES, Municipal Attorney,  Municipality of Anchorage (MOA),                                                               
related his understanding that the  term "moving violations" is a                                                               
term  with  a  well-understood   meaning  that  wouldn't  include                                                               
parking  tickets.   He expressed  his further  understanding that                                                               
the  purpose  of  this  legislation   isn't  to  include  parking                                                               
tickets.   He said  that he  wasn't sure  that the  term "traffic                                                           
fines" has the same clearly understood meaning.                                                                             
                                                                                                                                
SENATOR  MCGUIRE said  that she  is comfortable  with maintaining                                                               
the  language "traffic  fines" in  light of  the testimony  today                                                           
regarding  MOA's  definition  of  it.    Although  she  expressed                                                               
concern with  referring to  "moving violations"  as there  may be                                                               
violations that go  through traffic court that  aren't defined as                                                               
moving  violations,   she  said  that  she's   fine  with  either                                                               
terminology.                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS asked  if  the  language as  it  exists  in SB  145                                                               
captures those violations  that amount to $7.5  million in unpaid                                                               
fines.                                                                                                                          
                                                                                                                                
SENATOR MCGUIRE related her belief  that the language would cover                                                               
it,  although   she  expressed  interest  in   hearing  from  the                                                               
municipality.  Again, she expressed  her desire to conform to the                                                               
wishes of MOA.                                                                                                                  
                                                                                                                                
CHAIR RAMRAS inquired as to the best language to use.                                                                           
                                                                                                                                
MR.  MOORE confirmed  that  the insertion  of  the term  "moving"                                                               
prior to the term "violations"  would be satisfactory and provide                                                           
further  clarification  that  this  legislation  doesn't  include                                                               
parking  violations.    With  regard  to  the  $7.5  million,  he                                                               
clarified that's  the total of   all the unpaid  default judgment                                                               
cases in Anchorage  that have gone through the  traffic court for                                                               
moving violations.                                                                                                              
                                                                                                                                
REPRESENTATIVE  HOLMES pointed  out that  CSSB 145(CRA)  proposes                                                               
the  addition  of  new  subsection  (r),  which  would  have  the                                                               
department  sharing information  with  the  municipalities.   The                                                               
aforementioned  subsection  isn't included  in  SB  145; is  that                                                               
because it was deemed unnecessary, she asked.                                                                                   
                                                                                                                                
SENATOR  MCGUIRE  explained  that  at   one  point  the  MOA  had                                                               
considered  requesting  the  Department   of  Labor  &  Workforce                                                               
Development   (DLWD)   to   share,  in   confidence,   with   the                                                               
municipality, the place of work  of the individual with all these                                                               
violations.  Although  Senator McGuire said she felt  it's a good                                                               
idea,  the  department ultimately  chose  to  add a  fiscal  note                                                               
related  to   the  sharing  of  information.     Senator  McGuire                                                               
disagreed  that  this  sharing of  information  amounted  to  the                                                               
fiscal  note submitted,  and thus  the decision  was made  to not                                                               
address that and  return to the version that  simply provides the                                                               
option for forfeiture.                                                                                                          
                                                                                                                                
1:36:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS, referring to  the language "motor vehicle                                                           
used",  asked  if an  individual  who  lends his/her  vehicle  to                                                           
someone  who  has,  unbeknownst   to  the  vehicle  owner,  fines                                                               
totaling more than $1,000, could  have his/her vehicle impounded.                                                               
He  then inquired  as to  how  many tickets  would total  $1,000.                                                               
With regard to  the language "within the  municipality", he asked                                                           
if the MOA  could address a situation in which  an individual has                                                               
fines  totaling  [$1,000  or  more]  from  an  area  outside  the                                                               
municipality.                                                                                                                   
                                                                                                                                
SENATOR  MCGUIRE  reiterated  her   earlier  comment  that  she's                                                               
uncomfortable  with  making this  a  crime  due to  the  language                                                               
"motor vehicle used".   She emphasized that  the legislation asks                                                           
the municipality to follow due  process in seizing property.  Due                                                               
process will involve  fair notice and opportunity  for a hearing.                                                               
Senator  McGuire then  highlighted that  one  goal of  SB 145  is                                                               
education and deterrence;  the desire is to think  twice about to                                                               
whom  one loans  a  vehicle.   More than  one  citation would  be                                                               
required to  reach $1,000 in  fines.   As the information  in the                                                               
committee packet relates,  this legislation addresses individuals                                                               
with  multiple citations  that total  large sums.   Studies  have                                                               
shown  that there  is a  link  between the  propensity to  commit                                                               
these  traffic   violations  and  not  pay   them,  she  related.                                                               
Therefore, there is  an interest in public safety.   In regard to                                                               
the  language "within  the municipality",  she  pointed out  that                                                           
statute includes a definition of "municipality".                                                                            
                                                                                                                                
SENATOR MCGUIRE emphasized  the need for an  opportunity for fair                                                               
notice because the government seizing  property is a very serious                                                               
matter.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG questioned  whether [subsection  (r) of                                                               
CSSB  145(CRA) could  be  included  in SB  145]  if  there was  a                                                               
delayed effective  date as well  as language specifying  that the                                                               
cost   [of  sharing   the  information]   would   borne  by   the                                                               
municipality.                                                                                                                   
                                                                                                                                
SENATOR MCGUIRE related that when  that language was in the bill,                                                               
the  municipality  agreed  that  the  cost  of  the  [information                                                               
sharing] would be  borne by the municipality.   However, the DLWD                                                               
then provided an unfounded fiscal  note, in her opinion, based on                                                               
the department's internal procedures.                                                                                           
                                                                                                                                
REPRESENTATIVE SAMUELS expressed some  concern with the sponsor's                                                               
suggestion to be careful to whom one lends one's vehicle.                                                                       
                                                                                                                                
SENATOR  MCGUIRE opined  that  the fact  that  an individual  who                                                               
lends his/her  vehicle in good  faith to another  without knowing                                                               
that individual's propensity for moving violations is a factor.                                                                 
                                                                                                                                
1:45:25 PM                                                                                                                    
                                                                                                                                
STEVE SMITH,  Anchorage Police Department (APD),  Municipality of                                                               
Anchorage (MOA),  noted his agreement  with Senator  McGuire that                                                               
SB  145 is  a  worthwhile  tool for  law  enforcement  to use  to                                                               
attempt to  change the  behavior of those  for whom  the existing                                                               
laws don't seem to matter.                                                                                                      
                                                                                                                                
MR.  MOORE,  in  response  to  Representative  Samuels's  earlier                                                               
question, specified that  on average an individual  would have to                                                               
have about seven outstanding delinquent  traffic tickets for this                                                               
law to  apply.  Mr. Moore  related that although there  are about                                                               
23,000  with  delinquent  traffic fines,  this  legislation  only                                                               
addresses about 4-5  percent of that population,  the most likely                                                               
to commit additional  traffic fines and put the  safety of others                                                               
at risk.   With regard to the scenario of  lending a vehicle, the                                                               
Municipality of Anchorage has a web  site at which one can search                                                               
for individuals with unpaid traffic fines.                                                                                      
                                                                                                                                
CHAIR RAMRAS  asked if an  individual with over $1,000  in unpaid                                                               
traffic fines  would forfeit the  entire value of the  vehicle or                                                               
only the portion to pay the outstanding fines.                                                                                  
                                                                                                                                
1:48:37 PM                                                                                                                    
                                                                                                                                
JOSH  FREEMAN,  Assistant  Municipal  Attorney,  Municipality  of                                                               
Anchorage (MOA),  related that at  the municipal level  this will                                                               
be a crime.   As such, if there are  two convictions, the vehicle                                                               
would be  forfeited completely.   The  aforementioned is  how the                                                               
DUI and suspended  license ordinances are set up,  and thus those                                                               
parameters would be followed.                                                                                                   
                                                                                                                                
MR.  REEVES interjected  that if  SB  145 passes  in its  current                                                               
form, the municipality  will have to revisit the  matter with the                                                               
assembly because  the assembly's  approach was predicated  on the                                                               
fact that  it would be a  criminal act for those  in the scofflaw                                                               
category to operate  a vehicle.  If the  aforementioned isn't the                                                               
case,  there  will  be  constitutional  questions  regarding  the                                                               
forfeiture of the vehicle.                                                                                                      
                                                                                                                                
CHAIR  RAMRAS  related  to  the  committee  that  Duane  Bannock,                                                               
Director,  Division  of Motor  Vehicles  (DMV),  has relayed  the                                                               
DMV's support for SB 145 since he had to attend another hearing.                                                                
                                                                                                                                
REPRESENTATIVE  SAMUELS  asked if  an  individual  would only  be                                                               
impacted by this proposed legislation  if he/she amasses fines of                                                               
$1,000  or more  within  the municipality  or  would those  fines                                                               
outside of the municipality also be included.                                                                                   
                                                                                                                                
MR.  MOORE clarified  that the  intent is  to only  include those                                                               
traffic   fines  within   the  boundaries   of  a   municipality.                                                               
Therefore, MOA would  enforce this proposed law  based on traffic                                                               
fines issued  by Anchorage police  officers within the  bounds of                                                               
the municipality.                                                                                                               
                                                                                                                                
REPRESENTATIVE SAMUELS surmised then that  if the state wished to                                                               
do  the same  thing, then  the  municipality would  have to  have                                                               
procedures  in  place such  that  the  state could  also  impound                                                               
vehicles.                                                                                                                       
                                                                                                                                
MR. REEVES answered yes.                                                                                                        
                                                                                                                                
1:52:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  pointed  out  that  existing  forfeiture                                                               
statutes refer to  "a motor vehicle used by a  person".  He asked                                                               
if  there has  been a  circumstance  in which  an individual  who                                                               
doesn't  own the  vehicle was  responsible for  having a  vehicle                                                               
impounded.   If so, he  inquired as  to how the  municipality has                                                               
handled that.                                                                                                                   
                                                                                                                                
AN  UNIDENTIFIED SPEAKER  said that  such situations  occur often                                                               
and the municipal  code includes procedures to address  that.  He                                                               
referred to  the procedures  as the  "innocent owner  defense" by                                                               
which owners  of the vehicles  can provide evidence to  show that                                                               
they  didn't know  or have  reason  to know  that the  individual                                                               
would drive the vehicle in violation of the law.                                                                                
                                                                                                                                
CHAIR RAMRAS,  upon determining  no one  else wished  to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
CHAIR RAMRAS moved that the  committee adopt Conceptual Amendment                                                               
1, to  insert "moving" after  the word "for"  on page 2,  line 1.                                                           
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
1:53:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  SB 145, as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal notes.   There  being no  objection, HCS  SB
145(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
HJR 2 - CONST.AM:NO GAMING WITHOUT VOTER APPROVAL                                                                             
                                                                                                                                
1:54:55 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE  JOINT RESOLUTION  NO.  2, Proposing  an  amendment to  the                                                               
Constitution  of the  State of  Alaska  requiring an  affirmative                                                               
vote of the people before any  form of gambling for profit may be                                                               
authorized in Alaska.                                                                                                           
                                                                                                                                
1:55:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to  adopt  the proposed  committee                                                               
substitute  (CS)  for  HJR  2,  Version  25-LS0257\E,  Luckhaupt,                                                               
5/9/07,  as the  working  document.   There  being no  objection,                                                               
Version E was before the committee.                                                                                             
                                                                                                                                
1:56:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HARRY   CRAWFORD,  Alaska   State   Legislature,                                                               
speaking  as a  joint prime  sponsor,  explained that  HJR 2  was                                                               
introduced  because  the duties  of  the  legislature were  being                                                               
usurped  by a  citizens'  initiative.   That  initiative forms  a                                                               
commission, with members appointed by  the governor.  He informed                                                               
the committee  that those gathering the  signatures presented the                                                               
initiative  as   one  to  regulate  gambling,   but  they  rarely                                                               
mentioned  that the  initiative would  expand gambling  without a                                                               
vote  of  the legislature.    Therefore,  he [and  Representative                                                               
Dahlstrom]  introduced HJR  2.   He expressed  his horror  at the                                                               
prospect of  an appointed commission  having the ability  to rule                                                               
without the  legislature's consent.   Alaska is  one of  the last                                                               
two   states    that   hasn't   allowed    for-profit   gambling.                                                               
Representative Crawford  said, "I  just absolutely don't  want to                                                               
go down this road without there being a very high bar."                                                                         
                                                                                                                                
REPRESENTATIVE DAHLSTROM,  speaking as  a joint prime  sponsor of                                                               
HJR 2,  relayed that  she and  Representative Crawford  have been                                                               
working  on this  issue  and  related issues  over  the past  few                                                               
years.  She  related that the two share a  passion for this issue                                                               
due to  what happens  to any  state and the  families in  it when                                                               
that  state allows  gambling.   She mentioned  the addiction  and                                                               
crime  problems  related to  gambling.    She then  reminded  the                                                               
committee that  Alaska is usually one  of the top five  states in                                                               
terms  of the  rate  of suicide,  alcoholism,  incest, rape,  and                                                               
child  abuse.   Furthermore,  bankruptcies are  increasing.   The                                                               
aforementioned  have  always  increased when  gambling  has  been                                                               
allowed or  expanded.  Representative Dahlstrom  opined that it's                                                               
not a risk the state should take.                                                                                               
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  informed  the committee  that  studies                                                               
have  indicated that  for every  $1 spent  gambling, the  cost to                                                               
society  is  $3.   The  societal  cost  is  in terms  of  funding                                                               
addiction  programs, welfare,  and shelters.   Furthermore,  it's                                                               
common for the caseload of  an area's office of children services                                                               
and police department to increase.                                                                                              
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  emphasized  that  the  most  important                                                               
consideration   [with   allowing/expanding   gambling]   is   the                                                               
destruction of families.  She  acknowledged that not everyone who                                                               
gambles  becomes addicted,  but statistics  prove that  there are                                                               
more people  for which gambling  becomes a habit that  turns into                                                               
an addiction.   Addictions are  something for which society  as a                                                               
whole pays.  Representative Dahlstrom  clarified that HJR 2 won't                                                               
affect existing law;  it only address a proposal  to expand [for-                                                               
profit] gambling.                                                                                                               
                                                                                                                                
REPRESENTATIVE SAMUELS  related that  he, too, was  approached by                                                               
the gambling  initiative folks.   He then  related that  he, too,                                                               
believes  that initiatives  usurp the  power of  the legislature.                                                               
Referring to  the language "all profits"  on page 1, line  13, he                                                               
pointed out  that [for-profit and nonprofit]  charities both take                                                               
a profit.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  CRAWFORD  explained  that this  language  doesn't                                                               
change   the   existing   statutes  and   regulations   governing                                                               
charitable gaming.                                                                                                              
                                                                                                                                
REPRESENTATIVE  DAHLSTROM   acknowledged  that  there   are  some                                                               
businesses that are  bad actors, even in  the existing charitable                                                               
gaming   industry.     This   resolution   doesn't  address   the                                                               
aforementioned,  but  perhaps  that  could be  addressed  in  the                                                               
future.  The  intent of charitable gaming is good  and is allowed                                                               
in law.                                                                                                                         
                                                                                                                                
2:07:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL   said  that   he  wasn't  sure   that  a                                                               
constitutional amendment  could require that the  legislature can                                                               
make  a  law  that  has  been ratified  by  60  percent  of  [the                                                               
qualified voters in the state].   In the Alaska Constitution, the                                                             
language  "by  law"  generally   refers  to  the  legislature  or                                                               
initiative.    However, this  resolution  would  require the  two                                                               
groups that have the authority to make law agree.                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  remarked that  it's easy to  evade this                                                               
proposed law  because a  casino could  be constructed  outside of                                                               
the municipal borders.                                                                                                          
                                                                                                                                
REPRESENTATIVE CRAWFORD explained that  for any expansion for any                                                               
form of  gambling there will  have to be general  election across                                                               
the  state.    Furthermore,  if  the gambling  is  located  in  a                                                               
municipality  or borough,  there will  also  have to  be a  local                                                               
election.                                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  opined that  he is  unclear as  to whom                                                               
the  language   "approved  by  the  municipality"   refers.    He                                                               
questioned  whether a  city official  could  provide approval  or                                                               
does there have  to be a vote  of the city council.   The problem                                                               
with gambling  facilities outside  of municipal borders  could be                                                               
cured  by requiring  that gambling  facilities  have to  be in  a                                                               
municipality, and therefore voters would have to approve it.                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  related  her  understanding  from  the                                                               
Department of Law  (DOL) and others that the language  on page 1,                                                               
lines 10-11,  was chosen in an  effort to ensure that  there will                                                               
be a statewide and local vote when gambling is considered.                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  reiterated his point that  the election                                                               
would only occur if the  gambling facility was located within the                                                               
borders of the municipality.                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS related  his  belief that  there's a  big                                                               
difference between gaming and gambling,  and asked if those terms                                                               
are defined in statute.                                                                                                         
                                                                                                                                
REPRESENTATIVE DAHLSTROM said  that the language on  page 1, line                                                               
7, "Any form of gaming or gambling"  was chosen so as not to have                                                               
to list specific types of games.                                                                                                
                                                                                                                                
2:14:34 PM                                                                                                                    
                                                                                                                                
LEONARD  WELLS asked  whether a  super majority  is required  for                                                               
passage of a  law at the local election.   He then questioned why                                                               
anything  other than  a simple  majority would  be required.   If                                                               
someone  is  looking  to  put a  gambling  facility  outside  the                                                               
municipality,  would those  in the  city have  a vote  since they                                                               
aren't included in the borough, he asked.                                                                                       
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  related  that she  and  Representative                                                               
Crawford are amenable  to discussing [whether the vote  has to be                                                               
a] 60  percent vote  in favor.   She related  the intent  for the                                                               
vote to be held in the area  in which the gambling facility is to                                                               
be located.                                                                                                                     
                                                                                                                                
2:17:12 PM                                                                                                                    
                                                                                                                                
ED   MOEGLEIN,  Alaska   Charitable  Non   Profits  Organization,                                                               
informed  the committee  that the  Alaska Charitable  Non Profits                                                               
Organization   represents   veterans    and   community   service                                                               
organizations  with affiliates  throughout  the state.   He  said                                                               
he's  in favor  of  HJR 2  for  the same  reasons  stated in  the                                                               
sponsor statement  and also  because [for-profit  gambling] would                                                               
be placed in competition with  charitable, community, and veteran                                                               
service organizations.   He  opined that  some forms  of gambling                                                               
could cause harm to the state's  communities as well as the state                                                               
as a whole.  He further  opined that it's each Alaskan's right to                                                               
vote on a gaming or gambling issue.                                                                                             
                                                                                                                                
2:20:05 PM                                                                                                                    
                                                                                                                                
PAMELA SAMASH  encouraged the committee to  address the situation                                                               
in  which  gambling  facilities  are  located  outside  the  city                                                               
limits.   Ms.  Samash related  her support  for HJR  2, which  is                                                               
evidenced  in her  written testimony  included  in the  committee                                                               
packet.  She  encouraged the committee to do what  it can to keep                                                               
gambling out  of Alaska or  at least make  it fair and  allow the                                                               
voters to  decide.   Gambling is  addicting, especially  to those                                                               
with existing addictions.  Drawing  from her mother's experience,                                                               
Ms. Samash related  that gambling is set up in  a manner to allow                                                               
people to forget  the cares of life.   The high rate  of drug and                                                               
alcohol abuse  and the depression  that many deal with  in Alaska                                                               
would  leave many  in Alaska  vulnerable  to gambling  addiction.                                                               
She emphasized  the need to  remember the children of  the adults                                                               
who are gambling  because the children "are the first  in line to                                                               
pay the  price of gambling"  as they  are powerless.   Ms. Samash                                                               
said that she  is proud that Alaska is one  of two states without                                                               
casinos.                                                                                                                        
                                                                                                                                
2:24:15 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS,  upon determining  no one  else wished  to testify,                                                               
closed public testimony on HJR 2.                                                                                               
                                                                                                                                
REPRESENTATIVE  DAHLSTROM reminded  the  committee that  Alaska's                                                               
population  is  in the  600,000  range.    She then  offered  the                                                               
following statistics per 100,000 adults.   In a typical county of                                                               
$100,000  adults, the  introduction of  class III  gambling would                                                               
create additional  societal costs of $14.3  million annually with                                                               
costs  for the  social benefits  of  $4.6 million  annually.   In                                                               
counties  with class  III gambling,  approximately 10  percent of                                                               
crime was  due to gambling,  which, in counties of  100,000, that                                                               
means  615 more  larcenies, 325  more burglaries,  272 more  auto                                                               
thefts,  10  more   rapes,  65  more  robberies,   and  100  more                                                               
aggravated assaults.                                                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL  reminded the committee that  most of what                                                               
has been  done over the  years has been  by a majority  vote, and                                                               
thus  he   wasn't  sure  about  enshrining   the  super  majority                                                               
requirement in the constitution.                                                                                                
                                                                                                                                
CHAIR  RAMRAS related  his  intention to  offer  an amendment  to                                                               
delete the  language "sixty percent"  in order to conform  to the                                                               
constitution.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DAHLSTROM   characterized  that  as   a  friendly                                                               
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL suggested  that perhaps  the language  on                                                               
lines  10-11 should  be  changed to  refer  to "any  municipality                                                               
where  the  gaming  or  gambling  may  occur"  rather  than  "the                                                               
municipality, if any,  where the gaming or  gambling will occur."                                                               
He then  directed attention to  the term  "only" on page  1, line                                                               
13, and reminded the committee that  the term is exclusive to all                                                               
other  things.   He predicted  that using  the term  "only" could                                                               
result in specifying that the  profits could only be expended for                                                               
charitable purposes.   In  response to  Representative Dahlstrom,                                                               
Representative  Coghill said  he thought  the deletion  of "only"                                                               
would be appropriate.                                                                                                           
                                                                                                                                
2:28:59 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS moved that the  committee adopt Conceptual Amendment                                                               
1, to  delete "sixty percent" from  page 1, line 9.   There being                                                               
no objection, Conceptual Amendment 1 was adopted.                                                                               
                                                                                                                                
REPRESENTATIVE COGHILL moved that  the committee adopt Conceptual                                                               
Amendment 2, as follows:                                                                                                        
                                                                                                                                
     Page 1, line 10, following "by":                                                                                           
          Delete "the"                                                                                                          
          Insert "any"                                                                                                          
                                                                                                                                
     Page 1, line 11:                                                                                                           
          Delete ", if any,"                                                                                                    
                                                                                                                                
     Page 1, line 11:                                                                                                           
          Delete "will"                                                                                                         
          Insert "may"                                                                                                          
                                                                                                                                
There being no objection, Conceptual Amendment 2 was adopted.                                                                   
                                                                                                                                
2:30:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL moved that  the committee adopt Conceptual                                                               
Amendment 3, to delete "only" from  page 1, line 13.  There being                                                               
no objection, Conceptual Amendment 3 was adopted.                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG expressed concern  that so much money is                                                               
involved that those who might  wish to [open a gambling facility]                                                               
will scrutinize this resolution.   Therefore, he suggested having                                                               
an attorney  who specializes  in this  review the  resolution for                                                               
possible loopholes that could be exploited.                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM said  that she would be happy  to do so,                                                               
but expressed  her desire to  move the resolution  from committee                                                               
today.  She noted that she is working with several attorneys.                                                                   
                                                                                                                                
2:33:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  the  proposed  committee                                                               
substitute  (CS)  for  HJR  2,  Version  25-LS0257\E,  Luckhaupt,                                                               
5/9/07,   as   amended,   out  of   committee   with   individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHJR 2(JUD) was  reported from the House Judiciary                                                               
Standing Committee.                                                                                                             
                                                                                                                                
HB 250 - YOUTH INAPPROPRIATE SEXUAL CONDUCT                                                                                   
                                                                                                                                
2:33:52 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE  BILL NO.  250, "An  Act relating  to children  engaging in                                                               
inappropriate sexual conduct."                                                                                                  
                                                                                                                                
2:35:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE DOOGAN, speaking  as the prime sponsor, began                                                               
by informing  the committee that HB  250 is unfinished.   He then                                                               
informed the committee that the  legislation is the result of the                                                               
Task  Force  on  Preadolescent   Children  with  Sexual  Behavior                                                               
Problems, which produced a report.                                                                                              
                                                                                                                                
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]                                                                   
                                                                                                                                
REPRESENTATIVE DOOGAN noted that  the committee packet includes a                                                               
summary of the task force's  conclusions.  The task force develop                                                               
a   fairly  comprehensive   and   costly   [solution],  with   an                                                               
approximately $10 million fiscal note.   He explained that HB 250                                                               
attempts to deal with the  problem of sexual assault committed by                                                               
children  who  are too  young  to  be  dealt  with even  via  the                                                               
juvenile justice  system.   Generally the  courts have  held that                                                               
those younger  than 12  years of  age are too  young to  have the                                                               
requisite intent in order to  be prosecuted.  Therefore, in these                                                               
cases, there's no  system to deal with it as  the agencies of the                                                               
state  are  prepared and  have  the  legal authority  to  address                                                               
situations in  which children are the  victims, not perpetrators,                                                               
of  sexual  assault.    These   agencies  don't  have  the  legal                                                               
authority, ability,  or resources to address  those situations in                                                               
which children  are the  perpetrators of  sexual assault.   Given                                                               
the aforementioned,  Representative Doogan  said that  he decided                                                               
to  introduce HB  250 as  a way  of starting  what he  hopes will                                                               
result in a broad and thorough conversation on this subject.                                                                    
                                                                                                                                
REPRESENTATIVE DOOGAN  explained that  Section 1  of HB  250 adds                                                               
children who  engage in inappropriate  sexual conduct  who aren't                                                               
supervised  or treated  for  that to  the child  in  need of  aid                                                               
(CINA) statute.   Section 2  requires that the  parent, guardian,                                                               
or  other  individual responsible  for  a  child to  report  such                                                               
activity  to  the  Office  of Children's  Services  (OCS).    The                                                               
legislation  allows  the  department  to open  a  case  file  and                                                               
investigate the  charges.  Furthermore, the  legislation provides                                                               
that a  person who fails to  report this activity is  guilty of a                                                               
class  A misdemeanor.    The  legislation defines  "inappropriate                                                               
sexual conduct" as conduct that  would be illegal if committed by                                                               
an adult rather than a child.                                                                                                   
                                                                                                                                
REPRESENTATIVE SAMUELS  inquired as to  what occurs now  in these                                                               
cases.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   DOOGAN  answered   that   it   depends  on   the                                                               
circumstances  as  there   isn't  a  particularly  well-developed                                                               
method that can be employed.                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether sexual  behavior problems                                                               
(SBPs)  are   a  recognized  diagnosis  in   the  Diagnostic  and                                                               
Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV).                                                                
                                                                                                                                
REPRESENTATIVE  DOOGAN related  his understanding  that SBP  is a                                                               
recently  recognized   phenomenon  and   could  be   referred  to                                                               
differently in other states.                                                                                                    
                                                                                                                                
2:45:09 PM                                                                                                                    
                                                                                                                                
SHARON  ARAJI,  Ph.D.,  Professor  of  Sociology,  University  of                                                               
Alaska -  Anchorage; Chair, Task Force  on Preadolescent Children                                                               
with Sexual Behavior Problems, informed  the committee that there                                                               
is   a   lot   known   about  these   children   nationwide   and                                                               
internationally.   In fact, she  noted that she  started research                                                               
on  this topic  over 13  years ago  and published  a book  on the                                                               
topic.   At the time, she  spoke with most agencies  in Anchorage                                                               
as  well  as  outside  communities  and  discovered  that  almost                                                               
everyone in  these agencies know  of such children.   However, no                                                               
[agency] in the  state has the mandate or resources  to deal with                                                               
these children.   She noted that after writing her  book, she put                                                               
this topic away until the Anchorage  School District had a case a                                                               
couple  of years  ago  in which  a  six-year-old sexually  abused                                                               
another  six-year-old.    At  that   point,  she  recalled  being                                                               
contacted and  informed of people's  experiences with this.   She                                                               
recalled that  during her research,  she went through  102 closed                                                               
files of  an agency and  found that  there were 21  families with                                                               
children 12 and under who were sexually abusing other children.                                                                 
                                                                                                                                
DR. ARAJI noted  that most of that was intrafamilial.   After the                                                               
case with the Anchorage School  District was closed, she said she                                                               
contacted a detective with the  Anchorage Police Department (APD)                                                               
and asked  if anything had  been done  to address this,  to which                                                               
the  answer was  no.    The aforementioned  was  the impetus  for                                                               
establishing  the  task force.    She  emphasized that  if  these                                                               
children aren't  addressed, they will  go on to have  problems or                                                               
have   additional  victims.     National   longitudinal  research                                                               
illustrates  that identifying  these children  early and  getting                                                               
them some  form of treatment early  can help resolve some  of the                                                               
child's  issues.   In response  to Representative  Dahlstrom, Dr.                                                               
Araji informed  the committee that  her book is  titled "Sexually                                                               
Aggressive Children, Coming To Understand Them".                                                                                
                                                                                                                                
REPRESENTATIVE LYNN asked Dr. Araji  if she has written any other                                                               
books on this subject or any other subject.                                                                                     
                                                                                                                                
DR.  ARAJI  replied  yes,  and specified  that  she  has  written                                                               
chapters in other  books on this topic and the  topic of domestic                                                               
violence.   In  fact, just  a  few months  ago she  was asked  to                                                               
update  an  article for  a  new  journal regarding  interpersonal                                                               
violence.   She  noted  that  she also  gives  workshops on  this                                                               
topic.  She offered to provide her vitae to anyone interested.                                                                  
                                                                                                                                
2:52:16 PM                                                                                                                    
                                                                                                                                
DAVE  PARKER,  Lieutenant,  Anchorage  Police  Department  (APD),                                                               
Municipality of  Anchorage (MOA), informed the  committee that he                                                               
is the  commander of one of  the detective units that  deals with                                                               
crimes against  children.  He explained  that there is no  way in                                                               
which law enforcement can effectively  address this issue because                                                               
these children can't  be prosecuted.  He related  that the police                                                               
department is  often contacted when sexually  aggressive children                                                               
act out  behaviors with other children.   He noted that  one must                                                               
keep in mind that often  [these sexually aggressive] children are                                                               
victims themselves.   Anything that can be done to  assist OCS or                                                               
any other organization  in the state to  more effectively address                                                               
this problem  and provide help  to these children would  be money                                                               
and effort well-sent.                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG  offered that Title  47 seems to  have a                                                               
lot of statutes that would allow this to be addressed.                                                                          
                                                                                                                                
MR. PARKER  said if  that were so,  everyone wouldn't  be present                                                               
today.   He opined that  the proposed addition of  paragraph (13)                                                               
to AS 47.10.011  is the beginning stage of assisting  Title 47 in                                                               
addressing  the  issue.    The difficulty  is  that  OCS  doesn't                                                               
address any abuse  that's outside of the home.   However, OCS can                                                               
address a  situation that's intrafamilial.   Law  enforcement can                                                               
intervene  if  the perpetrator  is  over  the  age  of 12.    The                                                               
mandatory  reporting  requirement in  HB  250  is very  important                                                               
because  it requires  that  these  [sexually aggressive  children                                                               
under the age  of 12] be entered  into the system so  that a case                                                               
can  be opened  by  OCS,  a proper  evaluation  performed, and  a                                                               
treatment plan developed.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  surmised then  that  HB  250, for  the                                                               
first  time, allows  the treatment  of a  child through  the CINA                                                               
process  when the  child has  committed a  delinquent act.   This                                                               
legislation, he  opined, seems  to offer  a different  route than                                                               
the quasi criminal route.                                                                                                       
                                                                                                                                
MR. PARKER noted his agreement,  and added that he struggles with                                                               
thinking  of a  child  under the  age of  12  being considered  a                                                               
criminal, although the behavior  could amount to criminal conduct                                                               
if he/she were older.                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG inquired  as to  why this  one type  of                                                               
quasi  criminal  activity  is  limited  to  inappropriate  sexual                                                               
behavior and  doesn't include assaultive behavior  of other types                                                               
or  cruelty  to  animals,  which   are  precursors  of  disturbed                                                               
children.                                                                                                                       
                                                                                                                                
MR. PARKER related  that the problems he sees  primarily focus on                                                               
the sexualized  behavior of  children.   He opined  that children                                                               
assaulting  other children  could be  approached via  a different                                                               
venue.   He emphasized  the need  to address  children exhibiting                                                               
and perpetrating sexualized behavior on other children.                                                                         
                                                                                                                                
2:57:50 PM                                                                                                                    
                                                                                                                                
CYNTHIA  BRADLEY, Detective,  Anchorage Police  Department (APD),                                                               
Municipality  of   Anchorage  (MOA);  Co-Chair,  Task   Force  on                                                               
Preadolescent  Children with  Sexual Behavior  Problems, informed                                                               
the committee  that for the past  five years she has  been in the                                                               
Crimes  Against   Children  Unit.    She   further  informed  the                                                               
committee  that  she is  a  15-year  veteran with  the  Anchorage                                                               
Police Department.   She noted that she has seen  and worked with                                                               
these cases.   In fact, she recalled the case  of which Dr. Araji                                                               
spoke and  related that she  had been  in contact with  the child                                                               
[who was  sexually aggressive] at the  age of five and  was asked                                                               
to  interview  the  child  as  a  victim,  although  he  was  the                                                               
aggressor.   The  interview was  to determine  if the  reason the                                                               
child was  acting out was  because he  had been victimized.   She                                                               
recalled that  when the child was  asked why he did  what he did,                                                               
he responded by  relating that his mind  told him to do  it.  The                                                               
aforementioned seemed  to be a red  flag.  The parents  were told                                                               
the  child  should  receive  treatment,  but  the  minimized  the                                                               
situation by speaking with their  physician and relaying that the                                                               
child was merely "playing doctor."   Ultimately, it resulted in a                                                               
lawsuit  and hundreds  of thousands  of  dollars in  costs.   The                                                               
child went on  to perpetrate on another child.   She relayed that                                                               
she  ultimately  had  three  investigations  involving  the  same                                                               
child, and  was able to  determine that he probably  began acting                                                               
out at the age of 4.                                                                                                            
                                                                                                                                
MS. BRADLEY informed the committee  that she currently has a case                                                               
in which a  12-year old has been perpetrated on  since the age of                                                               
6.   The perpetrators, cousins,  are less than three  years older                                                               
than the victim, and therefore  they can't be charged with sexual                                                               
abuse of a minor.   Perhaps this behavior wouldn't have continued                                                               
had the  situation arisen  earlier and there  was the  ability to                                                               
address  the  matter.   The  problem  she  identified, as  a  law                                                               
enforcement  officer, is  that the  Crimes Against  Children Unit                                                               
has the highest  assigned caseload in the  detective division and                                                               
that doesn't include  these cases.  Furthermore,  the division is                                                               
spending resources in this area that it doesn't have.                                                                           
                                                                                                                                
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]                                                                      
                                                                                                                                
3:03:01 PM                                                                                                                    
                                                                                                                                
DENNIS MALONEY, Attorney at Law,  P. Dennis Maloney P.C., related                                                               
that he  was shocked when the  first case of this  type surfaced.                                                               
However,  after the  case became  public,  [his office]  received                                                               
over   two  dozen   calls  regarding   children  who   have  been                                                               
perpetrated upon  by other children.   He then explained  that if                                                               
the perpetrator is  under 12 years of age,  the police department                                                               
doesn't  charge  the  child.    Mr.  Maloney  then  informed  the                                                               
committee that in  Atlanta, Georgia, there is  an institution for                                                               
children  who are  sexual perpetrators.   The  institution has  a                                                               
waiting list of  four-year olds.  The average stay  is one to two                                                               
years.  In investigating this  first case, it was determined that                                                               
this child,  with an  intelligence quotient  (IQ) above  140, had                                                               
penetrated at least six other children.                                                                                         
                                                                                                                                
MR. MALONEY  informed the committee  that last year  in Anchorage                                                               
OCS  received about  130 referrals  regarding  children under  12                                                               
years  of age  perpetrating  sexually  inappropriate behavior  on                                                               
other children  under 12 years  of age.   Although most  of those                                                               
cases are  relatively innocent, there  are a few hard  core cases                                                               
in which the perpetrators seem to  re-offend.  In some cases, the                                                               
victims become  perpetrators.  He  related another case  in which                                                               
no adult was involved and  the perpetrator and victims were under                                                               
12 years of age, and  therefore the perpetrator wasn't charged or                                                               
provided treatment.  Mr. Maloney  emphasized that currently there                                                               
is  no method  to address  this  problem, and  he predicted  that                                                               
these  children perpetrators  will be  repeat offenders  who will                                                               
rape and  assault others  and ultimately end  up in  the criminal                                                               
system.   Alaska has the  highest rate  of sexual assault  in the                                                               
nation, and it must be addressed, she stressed.                                                                                 
                                                                                                                                
3:07:09 PM                                                                                                                    
                                                                                                                                
MR. MALONEY  related that there  are 15 treatment  facilities for                                                               
these children  across the nation  with specialists  in Colorado,                                                               
Washington,  Oklahoma, Pennsylvania,  Florida, and  Georgia.   An                                                               
individual in  Anchorage has been  trying to treat some  of these                                                               
children, but he recently announced  his retirement.  Mr. Maloney                                                               
stated that  this matter must  be addressed with  a comprehensive                                                               
approach.  Although the cost  to society is substantial, the cost                                                               
to victims is  immeasurable.  Furthermore, the cost of  a life of                                                               
crime is  even more substantial,  amounting to almost  $2 million                                                               
per offender.  These children  have to be identified and treated,                                                               
he opined.   He related  that the  task force determined  that in                                                               
Anchorage there are approximately  10 hard-core children sexually                                                               
assaulting other  children on an  active basis who  would require                                                               
institutionalization.                                                                                                           
                                                                                                                                
MR. MALONEY stressed the need  to review this problem, and opined                                                               
that it would be  a wise use of funds to  prevent and treat these                                                               
sick children.   Alaska has,  on average, 1,000  incarcerated sex                                                               
offenders,  which  cost  about  $355,000 a  year  per  adult  sex                                                               
offender.   Therefore, $355  million in  taxpayer funds  is being                                                               
spent.   Mr. Maloney  concluded by  informing the  committee that                                                               
he's going  to try  to raise  money to fund  a professor  who can                                                               
teach the psychologists in Anchorage how to handle this problem.                                                                
                                                                                                                                
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]                                                                   
                                                                                                                                
VICE CHAIR DAHLSTROM  clarified that the OCS  is operating within                                                               
the  bounds  of  the  law  as  it  is  currently  written.    The                                                               
legislature  is now  reviewing what  it  can do  to address  this                                                               
problem.                                                                                                                        
                                                                                                                                
MR. MALONEY  noted his agreement that  OCS is limited in  what it                                                               
can do, not to mention that the agency is over worked.                                                                          
                                                                                                                                
3:12:47 PM                                                                                                                    
                                                                                                                                
JEFFREY MAGID, Attorney at Law,  P. Dennis Maloney P.C., informed                                                               
the  committee that  he  has  worked with  Mr.  Maloney on  these                                                               
sexual  assault  cases.   Referring  to  the  case to  which  Ms.                                                               
Bradley spoke,  Mr. Magid related  that the incident was  able to                                                               
occur   partially  because   the  parents   of  the   perpetrator                                                               
transferred the perpetrator  from school to school,  after he had                                                               
assaulted a  child in preschool.   In  fact, the school  at which                                                               
the  perpetrator attended  kindergarten was  preparing to  handle                                                               
the child as a discipline problem  in the following year, but his                                                               
parents relocated  the child to another  school without notifying                                                               
anyone of his  sexual propensity.  The testimony in  the case was                                                               
instructive as to  the parents' knowledge.   Therefore, a portion                                                               
of  HB  250  places  the  responsibility  on  parents  to  obtain                                                               
treatment and  provides for penalties if  treatment isn't sought.                                                               
Moreover, the  legislation requires  the parents to  inform those                                                               
charged  with  supervision  of   children  to  protect  potential                                                               
victims.                                                                                                                        
                                                                                                                                
VICE CHAIR  DAHLSTROM relayed that she  and Representative Doogan                                                               
have discussed these issues and  are committed to working on this                                                               
issue throughout the interim.                                                                                                   
                                                                                                                                
3:15:35 PM                                                                                                                    
                                                                                                                                
MARY  ELAM,  Program  Director, Standing  Together  Against  Rape                                                               
(STAR), informed the  committee that research has  shown that the                                                               
earlier the intervention and treatment,  the more effective it is                                                               
and the  better chance of  success.  Without  intervention, these                                                               
children perpetrators  will continue the behavior  and there will                                                               
be more  and more victims.   In many cases, it's  likely that the                                                               
perpetrators are  victims themselves, she noted.   Therefore, the                                                               
opportunity to receive treatment  and intervention will also help                                                               
address the perpetrator in his/her status as a victim.                                                                          
                                                                                                                                
3:17:22 PM                                                                                                                    
                                                                                                                                
JOSH FINK, Director, Anchorage Office,  Office of Public Advocacy                                                               
(OPA), Department of Administration  (DOA), said that although he                                                               
appreciates  the efforts  of the  sponsors,  OPA has  significant                                                               
concerns  with  the legislation,  as  written.   He  related  the                                                               
observation of Chief Justice Roberts  who, when in Fairbanks last                                                               
week,  expressed  concern  that   legislatures  are  reacting  to                                                               
isolated  cases,  though  extreme and  upsetting,  and  proposing                                                               
legislation  that  has a  much  broader  impact on  society  than                                                               
simply addressing  the facts  of the  case.   He opined  that the                                                               
aforementioned  is the  case  with HB  250,  which has  extremely                                                               
broad implications and inserts government  oversight in Alaska in                                                               
ways in which  most would likely object.   The aforementioned, he                                                               
opined, is harmful to children.                                                                                                 
                                                                                                                                
MR.  FINK noted  that Section  1 adds  new jurisdictional  ground                                                               
under which OCS  can take children under state  custody for child                                                               
abuse and neglect.  While  OPA finds child-on-child sex, assault,                                                               
or inappropriate conduct reprehensible  and something that should                                                               
be addressed,  the jurisdictional ground  in HB 250,  as written,                                                               
is  very broad.    Section  2 adds  a  reporting requirement  for                                                               
individuals who  were heretofore not  required to report  to OCS,                                                               
including parents,  guardians, and other persons  responsible for                                                               
the child.   The last category is very broadly  defined and vague                                                               
to the point  that there would be much  litigation.  Furthermore,                                                               
the range  of incidents that  these people, who  aren't mandatory                                                               
reporters, must report  is quite broad because  the definition of                                                               
inappropriate sexual  conduct is quite  broad.  For  instance, it                                                               
refers  to situations  such as  a toddler  exposing and  touching                                                               
himself/herself in  public or innocently touching  an undeveloped                                                               
breast,  buttocks,  or  genital  of another  child.    Under  the                                                               
statute  referenced in  Section  2, the  aforementioned acts  are                                                               
defined  as  inappropriate sexual  conduct  and  one who  doesn't                                                               
report it commits a crime.                                                                                                      
                                                                                                                                
MR.  FINK  reiterated  that  the   scope  of  the  definition  of                                                               
inappropriate  sexual  conduct  is  far  too  broad.    "OPA  has                                                               
objections on a policy basis  to labeling as inappropriate sexual                                                               
conduct what  many know  by common sense  and what  child experts                                                               
confirm  to be  preadolescent  behavior," he  said.   The  normal                                                               
curiosity   of  children   shouldn't   result   in  labeling   or                                                               
stigmatization  nor should  the failure  to report  such behavior                                                               
result in  possible criminal  charges and the  opening of  an OCS                                                               
file.   He  then stated  that there  are also  significant notice                                                               
issues in the legislation as written.   The public is expected to                                                               
know  the  law,   but  in  some  cases  courts   find  that  it's                                                               
unreasonable to expect  the public to be on notice  of some duty.                                                               
This legislation expects a broad  category of individuals to know                                                               
that they have a reporting  requirement and know what constitutes                                                               
a crime  under AS 11.41.410-11.41.470.   Mr. Fink  suggested that                                                               
this  requirement  may  not  be   reasonable  and  has  potential                                                               
constitutional infirmities.                                                                                                     
                                                                                                                                
MR. FINK  related that he  will be submitting  HB 250 to  some of                                                               
the child development  experts with whom OPA  regularly works for                                                               
evaluation and  feedback.  Mr.  Fink noted his  disagreement with                                                               
prior  testimony and  related that  OPA  sees very  few of  these                                                               
cases and OPA is involved in  every case in which the state takes                                                               
custody.  With regard to  how these situations would be addressed                                                               
under  current  law,  Mr.  Fink  explained  that  when  a  parent                                                               
neglects or medically  neglects his/her child the  state may take                                                               
that  child   into  custody,  which  could   include  failure  to                                                               
supervise or obtain treatment of the  child if the parent is made                                                               
aware of behavior issues of the  child.  Therefore, if the matter                                                               
is  brought  to  the  parent's  attention  and  the  parent  does                                                               
nothing,  OCS  can  take  custody.   Another  route  the  earlier                                                               
mentioned case could have gone  would've been to report the child                                                               
to  the Division  of Juvenile  Justice and  if the  agency agreed                                                               
there was  concern, the  division could've made  a report  to OCS                                                               
that could develop an action plan.                                                                                              
                                                                                                                                
MR.  FINK said  that failure  to meet  that action  plan could've                                                               
resulted   in  the   child  being   taken  into   state  custody.                                                               
Alternatively,  the  Division  of Juvenile  Justice  (DJJ)  could                                                               
recommend a  course of treatment  for the child.   Therefore, Mr.                                                               
Fink  said that  he doesn't  believe existing  law is  completely                                                               
unable to address  these situations.  He reiterated  that OPA has                                                               
grave concerns about  this legislation.  He then  offered to work                                                               
with  the sponsors  and committee  on this  legislation over  the                                                               
interim.  He  noted that OPA wasn't asked to  join the task force                                                               
and   when   it  attempted   to   obtain   information,  it   was                                                               
unsuccessful.   The  information it  did obtain  made the  agency                                                               
concerned about the  punitive nature in which the  task force was                                                               
moving.   Mr. Fink concluded  by emphasizing his  serious concern                                                               
with the reach of HB 250.                                                                                                       
                                                                                                                                
VICE CHAIR DAHLSTROM said she  looked forward to working with OPA                                                               
and acknowledged  that the  legislation needs  work, particularly                                                               
in regard  to the definition  of "inappropriate  sexual behavior"                                                               
and reporting requirements.                                                                                                     
                                                                                                                                
3:25:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN inquired  as to the type  of civil litigation                                                               
HB 250, as written, might cause to be brought forth.                                                                            
                                                                                                                                
MR.  FINK related  his  understanding that  if  a parent  doesn't                                                               
report such behavior, it's a  crime.  Therefore, civil negligence                                                               
per se could be argued.                                                                                                         
                                                                                                                                
VICE CHAIR DAHLSTROM reminded the  committee that HB 250 won't be                                                               
leaving the committee as currently written.                                                                                     
                                                                                                                                
REPRESENTATIVE  DOOGAN  requested  that   Mr.  Fink,  during  his                                                               
participation,  point  out  where in  AS  11.41.410-11.41.470  it                                                               
specifies that [not  reporting this behavior is]  a felony, which                                                               
is what's required under the current definition.                                                                                
                                                                                                                                
3:28:10 PM                                                                                                                    
                                                                                                                                
JAN   RUTHERDALE,  Senior   Assistant  Attorney   General,  Child                                                               
Protection Section,  Civil Division  (Juneau), Department  of Law                                                               
(DOL), agreed  that there are  some constitutional  problems with                                                               
HB 250,  as currently  written.  Ms.  Rutherdale said  she didn't                                                               
believe  that   Section  1,  which  expands   the  jurisdictional                                                               
statute,  is necessary  as what's  sought can  be achieved  [with                                                               
existing law].  She noted that  she shares Mr. Fink's belief that                                                               
Section  1   creates  new  jurisdictional   ground  as   well  as                                                               
Representative Gruenberg's  concern regarding whether  this would                                                               
open the  door to similar  grounds.  Within Section  2, regarding                                                               
mandatory reporting, there  are some privacy problems.   In fact,                                                               
there may  even be a problem  related to self incrimination  of a                                                               
parent, an  accessory to  the fact.   Ms. Rutherdale  opined that                                                               
"inappropriate  sexual  conduct" seems  to  be  overly broad  and                                                               
vague.  She questioned whether the  intent is to refer to any age                                                               
children,  and whether  the language  is referring  to consensual                                                               
conduct  or  nonconsensual  conduct.    The  difficulty  is  that                                                               
children  aren't old  enough to  legally consent  to be  touched.                                                               
Ms. Rutherdale  said that  she would  be willing  to work  on the                                                               
legislation.                                                                                                                    
                                                                                                                                
3:32:06 PM                                                                                                                    
                                                                                                                                
MIKE LESMANN, Program Coordinator,  Office of Children's Services                                                               
(OCS), Department  of Health and  Social Services  (DHSS), opined                                                               
that after meeting  with Representative Doogan and  his staff, he                                                               
is convinced  that the sponsor  wants to find the  right solution                                                               
to a real problem.   However, OCS is unable to  support HB 250 at                                                               
this  time,  although  the  OCS   recognizes  the  importance  of                                                               
treating   children   with   sexual  behavioral   problems,   and                                                               
protecting other  children from  them.  Mr.  Lesmann acknowledged                                                               
the  alarming reports  of incidents  involving these  children in                                                               
Alaska and recognized  the impressive multi-disciplinary approach                                                               
of the  task force  and the  work it's done.   Still,  OCS simply                                                               
can't  support  legislation  that  would require  the  public  to                                                               
report   all  the   sexually   inappropriate  incidents   between                                                               
preadolescent children to  OCS, especially in the  absence of any                                                               
parental culpability.   This legislation seems to  imply that OCS                                                               
believes parents are incapable of  discussing with their children                                                               
the  differences  between  good  touch  and  bad  touch,  privacy                                                               
issues,  and personal  space.   Furthermore, legislation  of this                                                               
type  seems  to imply  that  OCS  should  be  the first  line  of                                                               
defense,  when  the agency  would  rather  be  the last  line  of                                                               
defense.                                                                                                                        
                                                                                                                                
MR.  LESMANN  informed  the  committee  that  if  parents  aren't                                                               
meeting their children's  needs and behaviors and  the problem is                                                               
brought to the parents' attention  by a school official and still                                                               
the parent isn't responsive, OCS can  and does get involved.  Mr.                                                               
Lesmann  stated that  AS 47.10,  child  protection statutes,  are                                                               
written  such   that  OCS  can   intervene  in  these   types  of                                                               
situations.   He asked the  committee to really  consider whether                                                               
it wants OCS to  be more things to more people.   If so, then OCS                                                               
will  have to  request more  resources.   Furthermore, if  OCS is                                                               
asked to take  on child welfare issues not  just child protective                                                               
services issues,  OCS staff  will be asked  to perform  more work                                                               
than  they are  already  doing.   Moreover,  this  would be  work                                                               
that's in addition to the  currently mandated work of the agency.                                                               
He added that OCS doesn't believe  that it can perform this extra                                                               
work well enough.                                                                                                               
                                                                                                                                
VICE  CHAIR DAHLSTROM  thanked everyone  for their  testimony and                                                               
recognized those  involved in this  type of work are  consumed by                                                               
it.   She related that  [the legislature] takes  this legislation                                                               
very seriously.                                                                                                                 
                                                                                                                                
3:37:57 PM                                                                                                                    
                                                                                                                                
DAVID SPERBECK, Ph.D., Forensic  and Clinical Psychologist, North                                                               
Star  Hospital, informed  the committee  that  he specializes  in                                                               
pediatric psychology  and neuropsychology.   He  further informed                                                               
the committee that for 24  years he was the forensic psychologist                                                               
for  the State  of Alaska  in all  criminal matters  and as  such                                                               
provided   the  majority   of  the   court-appointed  psychiatric                                                               
evaluations.   During  the last  20 years,  Dr. Sperbeck  related                                                               
that he  has an outpatient  private practice clinic  at Northstar                                                               
Hospital.   He explained  that Northstar  Hospital is  a children                                                               
and adolescent  psychiatric facility.  Dr.  Sperbeck testified in                                                               
support  of  HB 250  primarily  due  to having  examined  several                                                               
thousand adult sexual  offenders and at least  1,000 children who                                                               
engaged  in  problematic  sexual   behaviors.    He  assured  the                                                               
committee that  these children aren't born  misbehaving sexually,                                                               
but rather usually it's the product of abuse or neglect.                                                                        
                                                                                                                                
DR. SPERBECK  said that typically,  these children  aren't picked                                                               
up,  monitored,  or supervised  until  adolescents.   Rarely,  if                                                               
ever, do  adolescents act out,  with sexual  behavioral problems,                                                               
for the  first time as  adolescents.  Almost always  the problems                                                               
could have been  and may have been identified at  an earlier age.                                                               
Dr. Sperbeck  said, "The  one thing I  really support  about this                                                               
legislation  is the  mandatory evaluation  and  assessment."   He                                                               
assured  the   committee  that  psychologically,  if   a  child's                                                               
personality problems aren't addressed and  remedied by the age of                                                               
10 or 11,  there's really not much change that  any therapy could                                                               
achieve,  in  terms  of  changing  the  course  of  that  child's                                                               
personality.   Therefore,  after  the age  of 10  or  11, it's  a                                                               
question of damage  control rather than damage prevention.   If a                                                               
child  can   be  treated  prior   to  the   age  of  10   or  11,                                                               
resocialization  or  cognitive  behavior therapy  can  provide  a                                                               
chance to slow down the  epidemic of narcissistic, selfish acting                                                               
out that so many sexual offenders demonstrate later in life.                                                                    
                                                                                                                                
DR. SPERBECK added,  "That's one of the reasons  why sex offender                                                               
treatment  ...  has  such  poor outcome  results  in  adults,  is                                                               
because it's a  function of their personality more  than a mental                                                               
disease or defect."  With  regard to Mr. Lesmann's testimony, Dr.                                                               
Sperbeck  concurred that  adding  more work  to  an already  over                                                               
worked and  beleaguered group of dedicated  professionals will be                                                               
extremely  difficult.    However,  he emphasized,  "An  ounce  of                                                               
prevention  is  worth  a  pound  of  cure  later  on  with  these                                                               
children."  Furthermore, prevention  and stemming the exposure to                                                               
more abuse is extremely crucial  to reducing the potential number                                                               
of  perpetrators  while addressing  the  needs  of the  potential                                                               
victims.                                                                                                                        
                                                                                                                                
3:42:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS inquired  as to the length  of therapy for                                                               
children under the  age of 10.   He then inquired as  to how many                                                               
children this would encompass in Alaska.                                                                                        
                                                                                                                                
DR. SPERBECK answered  that the length of  treatment depends upon                                                               
the magnitude  of the  problem, the length  of exposure,  and the                                                               
extent to  which the  child has developed  virtues and  values in                                                               
other  areas  of their  lives,  and  the  type of  support  these                                                               
children have.   He explained  that if the parent  is responsible                                                               
and  unwilling to  accept responsibility  and accountability  for                                                               
his/her conduct,  then the child  must be removed from  the home.                                                               
In such  a case,  a child  would have  to be  placed in  either a                                                               
hospital setting for a while  and then transferred to residential                                                               
treatment  and then  placed in  a therapeutic  foster home  for a                                                               
period in order  that the child can start  developing a semblance                                                               
of normalcy  and stability and  value development.   Dr. Sperbeck                                                               
then  related that  North Star  Hospital usually  sees 2,000  new                                                               
patients  a  year,  of  which  he estimated  10  percent  of  the                                                               
patients  have significant  sexual behavior  problems that  would                                                               
place them in  a hospital setting.  Therefore,  he estimated that                                                               
100-200 of  the patients  have very serious  problems.   He noted                                                               
that  in Alaska  North Star  Hospital sees  the vast  majority of                                                               
children  with   severe  behavior  personality   and  psychiatric                                                               
problems.   Perhaps half of  those would  need to be  removed, at                                                               
least  temporarily, from  the home.   Dr.  Sperbeck reminded  the                                                               
committee  of the  difficulty of  parenting and  the need  not to                                                               
forget that addressing parental  negligence must also be factored                                                               
into this problem.                                                                                                              
                                                                                                                                
DR. SPERBECK concluded his testimony  by noting that those on the                                                               
task  force  are very  credible,  intelligent,  and dedicated  to                                                               
children.   He related  his support of  their efforts  to address                                                               
this problem.                                                                                                                   
                                                                                                                                
VICE CHAIR DAHLSTROM announced that HB  250 would be held over in                                                               
order  to  give  interested  parties  an  opportunity,  over  the                                                               
interim, to help craft legislation  to serve and protect Alaska's                                                               
children.                                                                                                                       
                                                                                                                                
3:47:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOOGAN   offered  his  hope  that   everyone  who                                                               
testified and anyone else who has  something to offer will do so.                                                               
He requested that the public hearing be kept open on HB 250.                                                                    
                                                                                                                                
VICE  CHAIR DAHLSTROM  relayed her  intention to  publicly notice                                                               
any interim meetings addressing this legislation.                                                                               
                                                                                                                                
REPRESENTATIVE  LYNN  interjected  that through  the  process  of                                                               
protecting the children, parental rights must also be protected.                                                                
                                                                                                                                
VICE CHAIR DAHLSTROM concurred.                                                                                                 
                                                                                                                                
[HB 250 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:49 p.m.                                                                 
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