04/09/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB56 | |
| HB3 | |
| HB54 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 56 | TELECONFERENCED | |
| += | HB 54 | TELECONFERENCED | |
| += | HB 3 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 9, 2013
1:12 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Neal Foster
Representative Gabrielle LeDoux
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
Representative Charisse Millett
OTHER LEGISLATORS PRESENT
Representative Doug Isaacson
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 56(JUD)
"An Act relating to certain crimes involving controlled
substances; and providing for an effective date."
- MOVED HCS CSSB 56(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 3
"An Act relating to voter identification at the polls; and
relating to the counting of absentee and questioned ballots."
- MOVED HB 3 OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 54
"An Act relating to the identification, location, and
notification of specified family members and family friends of a
child who is in state custody."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 56
SHORT TITLE: RECLASSIFYING CERTAIN DRUG OFFENSES
SPONSOR(S): SENATOR(S) DYSON
02/15/13 (S) READ THE FIRST TIME - REFERRALS
02/15/13 (S) JUD, FIN
03/04/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/04/13 (S) Heard & Held
03/04/13 (S) MINUTE(JUD)
03/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/13 (S) Moved CSSB 56(JUD) Out of Committee
03/05/13 (S) MINUTE(JUD)
03/11/13 (S) JUD CS RPT 3DP SAME TITLE
03/11/13 (S) DP: COGHILL, MCGUIRE, DYSON
03/18/13 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/18/13 (S) Heard & Held
03/18/13 (S) MINUTE(FIN)
03/27/13 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/27/13 (S) Moved CSSB 56(JUD) Out of Committee
03/27/13 (S) MINUTE(FIN)
03/27/13 (S) FIN RPT CS(JUD) 3DP 3NR 1AM
03/27/13 (S) DP: KELLY, MEYER, HOFFMAN
03/27/13 (S) NR: FAIRCLOUGH, BISHOP, DUNLEAVY
03/27/13 (S) AM: OLSON
04/04/13 (S) TRANSMITTED TO (H)
04/04/13 (S) VERSION: CSSB 56(JUD)
04/05/13 (H) READ THE FIRST TIME - REFERRALS
04/05/13 (H) JUD, FIN
04/06/13 (H) JUD AT 1:00 PM CAPITOL 120
04/06/13 (H) -- MEETING CANCELED --
04/08/13 (H) JUD AT 1:00 PM CAPITOL 120
04/08/13 (H) Heard & Held
04/08/13 (H) MINUTE(JUD)
04/09/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 3
SHORT TITLE: PHOTO IDENTIFICATION VOTING REQUIREMENT
SPONSOR(S): REPRESENTATIVE(S) LYNN, KELLER
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) STA, JUD
02/21/13 (H) STA AT 8:00 AM CAPITOL 106
02/21/13 (H) Heard & Held
02/21/13 (H) MINUTE(STA)
03/14/13 (H) STA AT 8:00 AM CAPITOL 106
03/14/13 (H) Moved Out of Committee
03/14/13 (H) MINUTE(STA)
03/14/13 (H) STA RPT 2DP 1DNP 1NR 2AM
03/14/13 (H) DP: KELLER, LYNN
03/14/13 (H) DNP: KREISS-TOMKINS
03/14/13 (H) NR: GATTIS
03/14/13 (H) AM: HUGHES, ISAACSON
04/01/13 (H) JUD AT 1:00 PM CAPITOL 120
04/01/13 (H) Heard & Held
04/01/13 (H) MINUTE(JUD)
04/05/13 (H) JUD AT 1:00 PM CAPITOL 120
04/05/13 (H) Heard & Held
04/05/13 (H) MINUTE(JUD)
04/09/13 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 54
SHORT TITLE: PLACEMENT OF A CHILD IN NEED OF AID
SPONSOR(S): REPRESENTATIVE(S) GARA, THOMPSON
01/16/13 (H) PREFILE RELEASED 1/11/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) HSS, JUD
01/24/13 (H) SPONSOR SUBSTITUTE INTRODUCED
01/24/13 (H) READ THE FIRST TIME - REFERRALS
01/24/13 (H) HSS, JUD
02/07/13 (H) HSS AT 3:00 PM CAPITOL 106
02/07/13 (H) Scheduled But Not Heard
02/26/13 (H) HSS AT 3:00 PM CAPITOL 106
02/26/13 (H) Heard & Held
02/26/13 (H) MINUTE(HSS)
04/02/13 (H) HSS AT 3:00 PM CAPITOL 106
04/02/13 (H) Moved CSSSHB 54(HSS) Out of Committee
04/02/13 (H) MINUTE(HSS)
04/04/13 (H) HSS RPT CS(HSS) NT 3DP 4NR
04/04/13 (H) DP: TARR, NAGEAK, SEATON
04/04/13 (H) NR: KELLER, PRUITT, REINBOLD, HIGGINS
04/08/13 (H) JUD AT 1:00 PM CAPITOL 120
04/08/13 (H) Heard & Held
04/08/13 (H) MINUTE(JUD)
04/09/13 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
CHARLES KOPP, Staff
Senator Fred Dyson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments during discussion of
SB 56 on behalf of the sponsor, Senator Dyson.
NEISJE STEINKRUGER
Fairbanks, Alaska
POSITION STATEMENT: During discussion of SB 56, provided a
comment as a former Alaska Superior Court judge.
WILDA LAUGHLIN, Special Assistant
Office of the Commissioner
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Offered a comment during discussion of
Amendment 2 to SB 56.
TONY PIPER, Coordinator
Alcohol Safety Action Program (ASAP)
Prevention and Early Intervention Services Section
Division of Behavioral Health (DBH)
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Responded to a question regarding the
potential fiscal impact of Amendment 2 to SB 56.
JEFFREY A. MITTMAN, Executive Director
American Civil Liberties Union of Alaska (ACLU of Alaska)
Anchorage, Alaska
POSITION STATEMENT: Provided a comment during discussion of
HB 3.
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of SSHB 54, provided
comments as one of the bill's joint prime sponsors.
CHRISTY LAWTON, Director
Central Office
Office of Children's Services (OCS)
Department of Health and Social Services (DHSS)
Fairbanks, Alaska
POSITION STATEMENT: Responded to questions during discussion of
SSHB 54.
ACTION NARRATIVE
1:12:37 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at 1:12 p.m. Representatives Keller, Foster,
Lynn, and Gruenberg were present at the call to order.
Representatives LeDoux and Pruitt arrived as the meeting was in
progress. Representative Isaacson was also in attendance.
SB 56 - RECLASSIFYING CERTAIN DRUG OFFENSES
1:13:00 PM
CHAIR KELLER announced that the first order of business would be
CS FOR SENATE BILL NO. 56(JUD), "An Act relating to certain
crimes involving controlled substances; and providing for an
effective date."
1:13:16 PM
CHARLES KOPP, Staff, Senator Fred Dyson, Alaska State
Legislature, speaking on behalf of the sponsor of SB 56, Senator
Dyson, explained that the sponsor has provided for inclusion in
members' packets a proposed amendment labeled 28-LS0355\C.9,
Luckhaupt/Strasbaugh, 4/9/13, intended to address a concern
expressed during the previous hearing on the bill that it would
lower the penalty [in certain situations] for possessing the
schedule IA controlled substances used by sexual predators to
incapacitate their victims during sexual assault and sexual
abuse of a minor crimes. Lowering the penalty for possessing
such schedule IA controlled substances - enumerated in
[AS 11.71.140(e)] - does not comport with the sponsor's intent.
Under this proposed amendment [later named Amendment 3], the
penalty for possessing such schedule IA controlled substances
would remain a class C felony regardless of how many crimes of
misconduct involving a controlled substance in the first through
fifth degrees the perpetrator has previously been convicted of.
He offered his understanding - based on a note he said he'd
received from the executive director of the Alaska Network on
Domestic Violence & Sexual Assault (ANDVSA) - that the ANDVSA
would be in support of SB 56 with the adoption of [Amendment 3],
which read:
Page 2, lines 1 - 9:
Delete all material and insert:
"(A) any amount of a
(i) schedule IA controlled substance listed
in AS 11.71.140(e); or
(ii) schedule IA or IIA controlled
substance other than [EXCEPT] a controlled substance
listed in (i) of this subparagraph, and, two or more
times within the preceding five years, the person was
convicted under AS 11.71.010 - 11.71.050 or a law or
ordinance of this or another jurisdiction with
elements similar to those of an offense under
AS 11.71.010 - 11.71.050 [AS 11.71.150(e)(11) -
(15)];"
Page 3, lines 1 - 7:
Delete all material and insert:
"(H) 15 or more tablets, ampules, or
syrettes containing a schedule IA or IIA controlled
substance other than a controlled substance listed in
AS 11.71.140(e); or
(I) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of
(i) three grams or more containing a
schedule IA controlled substance other than a
controlled substance listed in AS 11.71.140(d)(11) or
11.71.140(e) or a schedule IIA controlled substance
other than a controlled substance listed in
AS 11.71.150(b)(12);"
Page 5, lines 3 - 9:
Delete all material and insert:
"(F) less than 15 tablets, ampules, or
syrettes containing a schedule IA or IIA controlled
substance other than a controlled substance listed in
AS 11.71.140(e); or
(G) one or more preparations, compounds,
mixtures, or substances of an aggregate weight of less
than
(i) three grams containing a schedule IA
controlled substance other than a controlled substance
listed in AS 11.71.140(d)(11) or 11.71.140(e) or a
schedule IIA controlled substance other than a
controlled substance listed in AS 11.71.150(b)(12);"
1:14:40 PM
MR. KOPP then referred to the proposed amendment labeled 28-
LS0355\C.6, Strasbaugh, 4/5/13, already included in members'
packets, and explained that it's intended to address a concern
that the proposed time period of five years during which
previous convictions could be considered for purposes of
charging a person with a class C felony under the bill's
proposed AS 11.71.040(a)(3)(A), is too short in terms of
accurately reflecting whether the person has indeed reformed
his/her behavior. This proposed amendment [later named
Amendment 1] read:
Page 2, line 2:
Delete "five"
Insert "seven"
MR. KOPP also referred to the proposed amendment labeled 28-
LS0355\C.7, Strasbaugh, 4/5/13, already included in members'
packets, and explained that it's intended to ensure that for
purposes of sentencing those convicted under the bill's proposed
AS 11.71.050 - addressing the crime of misconduct involving a
controlled substance in the fifth degree - the court shall [in
certain circumstances] order defendants to satisfy the
screening, evaluation, referral, and program requirements of an
alcohol safety action program or a drug abuse evaluation
program. This proposed amendment [later named Amendment 2]
read:
Page 5, following line 15:
Insert a new bill section to read:
"* Sec. 3. AS 12.55.135 is amended by adding a new
subsection to read:
(l) A defendant convicted of misconduct involving
a controlled substance in the fifth degree shall be
ordered to satisfy the screening, evaluation,
referral, and program requirements of an alcohol
safety action or drug abuse evaluation program, if an
alcohol safety action or drug abuse evaluation program
is available in the community where the person
resides, or of a private or public treatment facility
approved by the Department of Health and Social
Services under AS 47.37 to make referrals for
rehabilitative treatment or to provide rehabilitative
treatment."
Renumber the following bill sections accordingly.
CHAIR KELLER opened public testimony.
1:17:39 PM
NEISJE STEINKRUGER - after confirming that she'd previously
provided testimony to the committee during discussion of HB 178,
the House companion bill to SB 56, regarding distinctions
between how certain felony cases are handled compared to like
misdemeanor cases, and noting that she was merely providing
information to the committee based on her former experience as
an Alaska Supreme Court judge and was not then and is not now
taking a position on behalf of the Alaska Court System (ACS) -
expressed appreciation for the work being done to review the
statutes addressing the crimes of misconduct involving a
controlled substance.
CHAIR KELLER closed public testimony on SB 56.
1:19:15 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1
[text provided previously].
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG reiterated that Amendment 1 would
extend the time period - from five years to seven years - during
which previous convictions could be considered for purposes of
charging a person with a class C felony under proposed
AS 11.71.040(a)(3)(A). Urging adoption of Amendment 1, he added
that it provides a compromise to address a concern expressed by
[the Department of Law (DOL)] that the proposed time period of
five years would be too short and that a time period of ten
years would be preferable.
CHAIR KELLER removed his objection, ascertained that there were
no further objections, and announced that Amendment 1 was
adopted.
1:20:01 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2
[text provided previously].
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG offered his understanding that the DOL
is amenable to Amendment 2's proposed change, that the language
it's adding to AS 12.55.135 is modeled on similar language
addressing the crimes of driving under the influence (DUI), and
that in the DUI context, [the process outlined in the proposed
new language] has been successful. He reiterated that
Amendment 2 would ensure that for purposes of sentencing those
convicted under the bill's proposed AS 11.71.050 - addressing
the crime of misconduct involving a controlled substance in the
fifth degree - the court shall [in certain circumstances] order
defendants to satisfy the screening, evaluation, referral, and
program requirements of an alcohol safety action program or a
drug abuse evaluation program.
1:21:33 PM
WILDA LAUGHLIN, Special Assistant, Office of the Commissioner,
Department of Health and Social Services (DHSS), in response to
a comment, relayed that the DHSS believes that Amendment 2 would
have a fiscal impact on the DHSS, and is currently working to
quantify that impact.
1:22:20 PM
TONY PIPER, Coordinator, Alcohol Safety Action Program (ASAP),
Prevention and Early Intervention Services Section, Division of
Behavioral Health (DBH), Department of Health and Social
Services (DHSS), in response to a question, added that there
would be a fiscal impact on the DHSS because Amendment 2
together with the bill's proposed changes to AS 11.71.040 and
AS 11.71.050 would increase the number of misdemeanants his
office would be required to screen, evaluate, and refer.
CHAIR KELLER removed his objection to the adoption of
Amendment 2.
MS. LAUGHLIN, in response to another question and comments,
reiterated that the DHSS is currently working to quantify the
fiscal impact that Amendment 2 together with the bill's proposed
changes to AS 11.71 would have on the DHSS.
CHAIR KELLER ascertained that there were no further objections
to Amendment 2. [Although not formally stated, the committee
treated Amendment 2 as having been adopted.]
1:24:22 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 3
[text provided previously].
CHAIR KELLER objected; ascertained that there were no further
comments, questions, or concerns regarding Amendment 3; removed
his objection; and, noting that there were no further objections
to the motion, announced that Amendment 3 was adopted.
1:25:04 PM
REPRESENTATIVE LYNN moved to report CSSB 56(JUD), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection,
HCS CSSB 56(JUD) was reported from the House Judiciary Standing
Committee.
The committee took an at-ease from 1:26 p.m. to 1:28 p.m.
HB 3 - PHOTO IDENTIFICATION VOTING REQUIREMENT
1:28:54 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 3, "An Act relating to voter identification at
the polls; and relating to the counting of absentee and
questioned ballots."
1:29:04 PM
REPRESENTATIVE LYNN, speaking as one of the joint prime
sponsors, characterized HB 3 as a good bill, and offered his
understanding that nothing in it would prevent anybody who is
registered to vote and who is motivated to vote, from voting.
He said, "They can identify themselves by photo ...
[identification (ID)], two forms of non-photo ID; they can be
recognized by two election workers or cast a question ballot."
"It's our intent not to disenfranchise anybody, but safeguard
our precious right to vote in this state," he remarked, and
urged the committee's favorable consideration of HB 3.
1:29:46 PM
REPRESENTATIVE FOSTER made a motion to adopt Amendment 1,
labeled 28-LS0010\U.2, Bullard, 4/6/13, which read:
Page 1, line 4, through page 2, line 29:
Delete all material and insert:
"* Section 1. AS 15.15.225(a) is amended to read:
(a) Before being allowed to vote, each voter
(1) in a community that has a population of
less than 5,000 shall exhibit to an election official
one form of identification, including
(A) [(1)] an official voter registration
card, driver's license, state identification card,
current and valid photo identification, birth
certificate, passport, or hunting or fishing license;
or
(B) [(2)] an original or a copy of a
current utility bill, bank statement, paycheck,
government check, or other government document; an
item exhibited under this paragraph must show the name
and current address of the voter;
(2) in a community that has a population of
5,000 or more shall exhibit to an election official
(A) one form of personal identification
that contains a photograph; under this paragraph,
permitted forms of photographic identification include
a valid
(i) Alaska driver's license;
(ii) identification card issued by a
branch, department, agency, or entity of the state,
any other state, or the United States government;
(iii) United States passport;
(iv) employee identification card issued by
any branch, department, agency, or entity of the
United States government, the state, or a municipality
of the state;
(v) United States military identification
card;
(vi) student identification card issued by
a high school or an accredited institution of higher
education, as that term is defined under AS 23.20.520,
located in the state;
(vii) tribal identification card; or
(B) two forms of personal identification
that do not contain a photograph; under this
paragraph, permitted forms of identification without a
photograph include
(i) the original or a certified copy of the
birth certificate of the voter;
(ii) certified naturalization documents of
the voter;
(iii) a certified copy of the voter's court
record of adoption, marriage, or name change;
(iv) a valid identification card, license,
or permit issued by any branch, department, agency, or
entity of the United States government or the state;
(v) a valid tribal identification card or a
valid card issued by an Indian health program, as that
term is defined in 25 U.S.C. 1603.
* Sec. 2. AS 15.15.225(b) is amended to read:
(b) In a community that has a population of less
than 5,000, an [AN] election official may waive the
identification requirement if the election official
knows the identity of the voter. In a community that
has a population of 5,000 or more, the identification
requirement may only be waived if two election
officials know the voter. The identification
requirement may not be waived for voters who are not
on the precinct voter registration list or for voters
who are first-time voters who initially registered by
mail or by facsimile or other electronic transmission
approved by the director under AS 15.07.050, and did
not provide identification as required in
AS 15.07.060. If the identification requirements are
waived for a voter under this subsection, the election
official or officials who know the voter shall sign
beside the voter's name in the register kept under
AS 15.15.180."
Renumber the following bill sections accordingly.
CHAIR KELLER objected.
REPRESENTATIVE FOSTER - referring to what he termed the unique
circumstances/situations faced by those living in rural Alaska,
and remarking that some of the rural communities in his district
have a population of less than 100 - explained that Amendment 1
would exempt communities with a population of less than 5,000
from the [voter-identification] requirements outlined in HB 3,
essentially leaving the current statutory requirements in place
for voters living in such communities. Under current law,
things like hunting licenses and utility bills, for example, are
also sufficient to establish identification for purposes of
voting, and in order for the statutory voter-ID requirements to
be waived, only one election official need know the voter. He
acknowledged, however, that a memorandum from Legislative Legal
and Research Services dated April 7, 2013, indicates that
Amendment 1 would raise constitutional equal-protection problems
by establishing different identification requirements in
different areas of the state [based on population].
REPRESENTATIVE FOSTER therefore then withdrew Amendment 1.
REPRESENTATIVE GRUENBERG opined, however, that because of the
lack of accessibility in rural areas of Alaska to identification
resources, if the state could demonstrate to the court that a
fundamental right is at issue and that providing for different
identification requirements is the appropriate approach to
ensure that right given that lack, then the changes proposed by
Amendment 1 might indeed withstand a constitutional challenge.
Furthermore, if Amendment 1 were to be adopted, a severability
clause could also be added to the bill.
REPRESENTATIVE FOSTER relayed that he would instead be pursuing
the issues addressed by Amendment 1 further as HB 3 continues
through the process.
1:36:31 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2,
labeled 28-LS0010\U.1, Bullard, 4/4/13. He offered his
understanding that Amendment 2 would make it a little easier for
people to register to vote. [Because of its length, Amendment 2
is provided at the end of the minutes on HB 3.]
CHAIR KELLER ruled Amendment 2 out of order in that its text
constitutes legislation currently in the possession of another
committee.
1:38:31 PM
JEFFREY A. MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU of Alaska), noting that he'd previously
testified on HB 3 and provided the committee with written
comments, reiterated that the ACLU of Alaska believes that there
are several constitutional infirmities with the bill.
CHAIR KELLER closed public testimony on HB 3.
REPRESENTATIVE FOSTER referred to some of the items in HB 3's
proposed lists of acceptable forms of required identification,
and pointed out that many people living in rural Alaska -
particularly many Native elders - don't have any such pieces of
identification or any way to obtain them. Furthermore, in some
rural communities, finding even one person to serve as an
election official can be difficult, thereby raising a concern
regarding the bill's proposal to require two election officials
to know the person for purposes of waiving the identification
requirements. "I just want to be ... expansive and inclusive
... [of folks] being able to vote, and ... things are so
different in rural Alaska ... you really don't need ID," he
remarked.
REPRESENTATIVE LYNN, in conclusion, said the whole purpose of
HB 3 is to help safeguard Alaska's voting process.
1:42:46 PM
REPRESENTATIVE PRUITT moved to report HB 3 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 3 was reported from the House
Judiciary Standing Committee.
AMENDMENT(S)
Amendment 2 [Labeled 28-LS0010\U.1, Bullard, 4/4/13] (ruled
out of order):
Page 1, line 1, following "An Act":
Insert "relating to voter registration and
questioned ballots; permitting a voter to register up
to or on the day of an election;"
Page 1, following line 3:
Insert new bill sections to read:
"* Section 1. AS 15.05.010 is amended to read:
Sec. 15.05.010. Voter qualification. A person may
vote at any election who
(1) is a citizen of the United States;
(2) is 18 years of age or older;
(3) has been a resident of the state and of
the house district in which the person seeks to vote
for at least 30 days just before the election; and
(4) has registered [BEFORE THE ELECTION] as
required under AS 15.07 and is not registered to vote
in another jurisdiction.
* Sec. 2. AS 15.07.070(d) is amended to read:
(d) Qualified voters may register in person
before a registration official or through a voter
registration agency at any time throughout the year. A
qualified voter who registers [, EXCEPT THAT A PERSON
REGISTERING] within 30 days preceding an election or
on the day of an election shall vote a questioned
ballot [IS NOT ELIGIBLE TO VOTE] at that election.
Upon receipt and approval of the registration forms,
the director or the election supervisor shall forward
to the voter an acknowledgment in the form of a
registration card, and the voter's name shall
immediately be placed on the master register. Names of
persons registering 30 or more days before an election
shall be placed on the official registration list for
that election.
* Sec. 3. AS 15.07.090(d) is repealed and reenacted
to read:
(d) A voter who has failed to request a transfer
as provided in (c) of this section or a person who
claims to be a registered voter, but for whom no
evidence of registration in the precinct can be found,
shall vote a questioned ballot. The director or the
director's representative shall determine whether a
voter for whom no evidence of registration in the
precinct is found is registered in that house district
before counting the ballot.
* Sec. 4. AS 15.15 is amended by adding a new
section to read:
Sec. 15.15.212. Election day voting by questioned
ballot outside a voter's house district. (a)
Notwithstanding AS 15.05.010(3), a qualified voter who
has been a resident of the state and of a house
district for at least 30 days before an election, but
who is absent from that house district on election
day, may vote a questioned ballot at a polling place
outside that district on election day.
(b) For purposes of (a) of this section, the
director shall
(1) supply all polling places with ballots
for all house districts in the state; the director may
provide the ballots under AS 15.15.032, 15.15.050, or
AS 15.20.030;
(2) provide each voting official with a
means of determining, by address, the appropriate
house district ballot for a qualified voter voting a
questioned ballot under this section; and
(3) provide each polling place with a
separate ballot box for questioned ballots cast under
this section.
* Sec. 5. AS 15.15.215(a) is amended to read:
(a) A voter who casts a questioned ballot in the
voter's house district shall vote the ballot in the
same manner as prescribed for other voters. The voter
shall insert the ballot into a secrecy sleeve and put
the secrecy sleeve into an envelope on which the
statement the voter previously signed is located. The
envelope shall be sealed and deposited in the ballot
box. When the ballot box is opened, the envelopes
shall be segregated, counted, compared to the voting
list, and delivered to the official or body
supervising the election. The merits of the question
shall be determined by this official or body in
accordance with the procedure prescribed for
questioned ballots [VOTES] in AS 15.20.207.
* Sec. 6. AS 15.15.215 is amended by adding a new
subsection to read:
(c) A voter who casts a questioned ballot at a
polling place outside the voter's house district under
AS 15.15.212 shall vote the ballot in the same manner
prescribed for other voters. The voter shall insert
the ballot into a secrecy sleeve and put the secrecy
sleeve into an envelope on which the statement the
voter previously signed is located. The envelope shall
be sealed and deposited in a ballot box provided by
the director under AS 15.15.212(b) for out-of-district
questioned ballots. When the ballot box is opened, the
envelopes shall be segregated, counted, and delivered
to the director."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 7"
Renumber the following bill sections accordingly.
Page 2, following line 29:
Insert new bill sections to read:
"* Sec. 9. AS 15.15.350(a) is amended to read:
(a) The director may adopt regulations
prescribing the manner in which the precinct ballot
count is accomplished so as to ensure accuracy in the
count and to expedite the process. The election board
shall account for all ballots by completing a ballot
statement containing (1) the number of official
ballots received; (2) the number of official ballots
voted; (3) the number of official ballots spoiled; (4)
the number of official ballots unused and either
destroyed or returned for destruction to the elections
supervisor or the election supervisor's designee. The
board shall count the number of questioned ballots
cast by voters registered to vote in the house
district and compare that number to the number of
questioned voters in the register. Discrepancies shall
be noted and the numbers included in the certificate
prescribed by AS 15.15.370. The election board, in
hand-count precincts, shall count the ballots in a
manner that allows watchers to see the ballots when
opened and read. A person handling the ballot after it
has been taken from the ballot box and before it is
placed in the envelope for mailing may not have a
marking device in hand or remove a ballot from the
immediate vicinity of the polls.
* Sec. 10. AS 15.15 is amended by adding a new
section to read:
Sec. 15.15.367. Counting and review of out-of-
district questioned ballots. The director shall
examine each questioned ballot cast under AS 15.15.212
in the manner provided in AS 15.20.207(b). If a
questioned ballot is not rejected, it shall be
counted, subject to AS 15.15.360. A questioned ballot
cast under AS 15.15.212 may be challenged by an
appointed party representative when that ballot is
reviewed under AS 15.20.220(b). The director shall
follow the procedures provided by AS 15.20.207(h) -
(k) for ballots reviewed under this section."
Renumber the following bill sections accordingly.
Page 4, following line 21:
Insert a new bill section to read:
"* Sec. 13. AS 15.15.198(b) is repealed."
[End of amendment(s); HB 3 was reported from the House Judiciary
Standing Committee.]
The committee took an at-ease from 1:43 p.m. to 1:52 p.m.;
during the at-ease, Chair Keller turned the gavel over to Vice
Chair Lynn.
HB 54 - PLACEMENT OF A CHILD IN NEED OF AID
1:52:37 PM
VICE CHAIR LYNN announced that the final order of business would
be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 54, "An Act relating to
the identification, location, and notification of specified
family members and family friends of a child who is in state
custody." [Before the committee was CSSSHB 54(HSS).]
1:53:12 PM
REPRESENTATIVE LES GARA, Alaska State Legislature, speaking as
one of the joint prime sponsors of SSHB 54, offered his
understanding that [Section 1 of CSSSHB 54(HSS)] merely
duplicates language contained in the Office of Children's
Services' (OCS's) policy manual. He then provided information
regarding HB 54, [which had previously been replaced by SSHB 54,
which had in turn been amended by the House Health and Social
Services Standing Committee].
[Note to the reader: the language in Section 1 of
CSSSHB 54(HSS), the version currently before the House Judiciary
Standing Committee, stipulates that a supervisor shall verify in
writing that the social worker has - within 30 days after the
removal and subsequent placement of a child who has been removed
from his/her home and been placed in out-of-home care under
AS 47.10 and AS 47.14 - exercised due diligence in identifying,
locating, and notifying noncustodial parents and adult family
members regarding that child's removal and subsequent
placement.]
REPRESENTATIVE GARA, noting that a question was posed during the
prior hearing on CSSSHB 54(HSS) regarding the term, "verify" as
used in Section 1's proposed new AS 47.10.035(b), referred to a
memorandum from Legislative Legal and Research Services dated
April 9, 2013, [indicating that the court would look to the
context and common usage of that term]. He added, "Doesn't
require any wax seal, doesn't require that you burn your finger
and put an imprint on the paper; ... they just put a check on a
box inside a file, says, 'I've spoken to the social worker -
they've done their work.'" He relayed that the rationale for
adopting the statutory changes proposed by [CSSSHB 54(HSS)] is
to address the high employee-turnover rate within the OCS,
adding, "I want to make sure that there's a check on the
system."
REPRESENTATIVE GARA mentioned that during that prior hearing on
the bill, questions unrelated to [CSSSHB 54(HSS)'s] proposed
statutory changes also arose, and shared his understanding -
based on information he'd received in response to those
questions - that under current law the OCS provides notification
to family members; that those notifications don't include the
physical address of the child; and that the OCS won't allow what
he termed a "crummy" non-custodial parent in whose home would
not constitute the right placement, to become a foster parent.
In conclusion, Representative Gara stressed that existing law,
rather than the bill, already outlines who, specifically, shall
be notified.
REPRESENTATIVE GRUENBERG, referring to an e-mail from the
director of the OCS dated [April 9, 2013,] included in members'
packets, added his understanding that the OCS does not notify a
parent who's already had his/her parental rights terminated. He
also relayed that the questions he'd had regarding the
appropriateness of some of CSSSHB 54(HSS)'s proposed language -
specifically, the second usage of the word, "and" on page 1,
line 7, the words, "conducting due diligence required" on
page 2, line 3, and the words, "an adult [A] family friend" on
page 2, line 11 - have all been answered to his satisfaction.
In conclusion, he said he has no amendments to offer and he
supports the bill.
VICE CHAIR LYNN, after ascertaining that no one else wished to
testify, closed public testimony on SSHB 54.
2:02:12 PM
CHRISTY LAWTON, Director, Central Office, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
in response to questions, explained that the changes proposed by
[CSSSHB 54(HSS)] wouldn't significantly impact the OCS's
workload because consultation between social workers and their
supervisors already occurs regularly, and such consultations are
already being documented in terms of confirming compliance with
state and federal law; proffered that the bill would "enhance"
and clarify how that documentation occurs with regard to
ensuring the timeliness of required searches; predicted that no
additional resources would be needed as a result of the bill's
passage; pointed out that the 30-day timeframe by which a social
worker must exercise due diligence in identifying, locating, and
notifying noncustodial parents and adult family members, is
already part of federal law; and reiterated that the bill would
merely require a supervisor to specifically document that the
social worker did indeed exercise due diligence as required by
law and [outlined in] policy.
VICE CHAIR LYNN said he likes the bill, and would be holding
[CSSSHB 54(HSS)] over in order to provide members with more time
to consider it further.
2:04:20 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:04 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 3 Proposed Amendment U.2.pdf |
HJUD 4/9/2013 1:00:00 PM |
HB 3 |
| HB 3 Proposed Amendment U.1.pdf |
HJUD 4/9/2013 1:00:00 PM |
HB 3 |
| CSSB 56 (JUD) Amendment C.9.pdf |
HJUD 4/9/2013 1:00:00 PM |
SB 56 |