Legislature(1999 - 2000)

03/07/2000 08:07 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                             
                          March 7, 2000                                                                                         
                            8:07 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jeannette James, Chair                                                                                           
Representative Joe Green                                                                                                        
Representative Jim Whitaker                                                                                                     
Representative Bill Hudson                                                                                                      
Representative Beth Kerttula                                                                                                    
Representative Hal Smalley                                                                                                      
Representative Scott Ogan                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CONFIRMATION HEARINGS:                                                                                                          
                                                                                                                                
Personnel Board                                                                                                               
                                                                                                                                
     Charles T. Borg - Anchorage                                                                                                
                                                                                                                                
          - CONFIRMATION ADVANCED                                                                                               
                                                                                                                                
Alaska Public Offices Commission                                                                                              
                                                                                                                                
     Andrea Jacobson - Ketchikan                                                                                                
                                                                                                                                
          - CONFIRMATION ADVANCED                                                                                               
                                                                                                                                
HOUSE BILL NO. 367                                                                                                              
"An Act  providing for the revocation  of driving privileges  by a                                                              
court for  a driver convicted  of a violation  of traffic  laws in                                                              
connection with a fatal motor vehicle  or commercial motor vehicle                                                              
accident;  and  amending  Rules  43  and  43.1,  Alaska  Rules  of                                                              
Administration."                                                                                                                
                                                                                                                                
     - MOVED HB 367 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 292                                                                                                              
"An  Act  adopting  the  National  Crime  Prevention  and  Privacy                                                              
Compact;  making   criminal  justice   information  available   to                                                              
interested  persons   and  criminal  history   record  information                                                              
available  to the  public; making  certain conforming  amendments;                                                              
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 324                                                                                                              
"An  Act  requiring written  consent  by  the  person who  is  the                                                              
subject of the  information before releasing  personal information                                                              
contained  in motor  vehicle  records, to  comply  with 18  U.S.C.                                                              
2721; and providing for an effective date."                                                                                     
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 153                                                                                       
"An  Act  relating  to leave  for  certain  state  employees;  and                                                              
repealing terminal leave."                                                                                                      
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 379                                                                                       
"An Act relating  to credited service under the  public employees'                                                              
retirement system  for peace officers  and fire fighters  on leave                                                              
without pay  or receiving  workers' compensation benefits  because                                                              
of certain on-the-job injuries."                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270                                                                                       
"An  Act  relating to  sexual  assault  and  sexual abuse  and  to                                                              
payment  for  certain  examinations  in cases  of  alleged  sexual                                                              
assault or sexual abuse."                                                                                                       
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 317                                                                                                              
"An  Act  relating to  recruitment,  selection,  appointment,  and                                                              
promotion of state  employees and the duties of  the Department of                                                              
Administration concerning  those and other related  functions; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL NO. 299                                                                                                              
"An Act relating to rates charged in a Pioneers' Home."                                                                         
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 367                                                                                                                  
SHORT TITLE: REVOCATION OF DRIVING PRIVILEGES                                                                                   
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/11/00      2180     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/11/00      2180     (H)  STA, JUD, FIN                                                                                       
 2/11/00      2180     (H)  INDETERMINATE FISCAL NOTE (ADM)                                                                     
 2/11/00      2180     (H)  2 ZERO FISCAL NOTES (LAW, DPS)                                                                      
 2/11/00      2180     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/22/00               (H)  STA AT   8:00 AM CAPITOL 102                                                                        
 2/22/00               (H)  Scheduled  But Not Heard                                                                            
 2/29/00               (H)  STA AT   8:00 AM CAPITOL 102                                                                        
 2/29/00               (H)  Scheduled  But Not Heard                                                                            
 3/02/00               (H)  STA AT   8:00 AM CAPITOL 102                                                                        
 3/02/00               (H)  Scheduled  But Not Heard                                                                            
 3/07/00               (H)  STA AT   8:00 AM CAPITOL 102                                                                        
                                                                                                                                
BILL: HB 292                                                                                                                  
SHORT TITLE: DISCLOSURE OF CRIMINAL  HISTORY RECORDS                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/21/00      1954     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 1/21/00      1954     (H)  STA, JUD                                                                                            
 1/21/00      1955     (H)  ZERO FISCAL NOTE (DPS)                                                                              
 1/21/00      1955     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 1/21/00      1955     (H)  REFERRED TO STATE AFFAIRS                                                                           
 2/22/00               (H)  STA AT   8:00 AM CAPITOL 102                                                                        
 2/22/00               (H)  Scheduled  But Not Heard                                                                            
 2/29/00               (H)  STA AT   8:00 AM CAPITOL 102                                                                        
 2/29/00               (H)  Scheduled  But Not Heard                                                                            
 3/02/00               (H)  STA AT   8:00 AM CAPITOL 102                                                                        
 3/02/00               (H)  Scheduled  But Not Heard                                                                            
 3/07/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
CHARLES T. BORG, Appointee                                                                                                      
 to the Personnel Board                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Personnel                                                                    
Board.                                                                                                                          
                                                                                                                                
ANDREA JACOBSON, Appointee                                                                                                      
 to the Alaska Public Offices Commission                                                                                        
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Alaska Public                                                                
Offices Commission.                                                                                                             
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Criminal Division, Department of Law                                                                                            
PO Box 110300                                                                                                                   
Juneau, Alaska 99811-0300                                                                                                       
POSITION STATEMENT:   Provided department's position  and answered                                                              
questions regarding HB 367.                                                                                                     
                                                                                                                                
KEN BISCHOFF, Director                                                                                                          
Division of Administrative Services                                                                                             
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, Alaska 99811-1200                                                                                                       
POSITION STATEMENT:   Provided department's position  and answered                                                              
questions regarding HB 292                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-16, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  JEANNETTE JAMES  called the  House  State Affairs  Standing                                                              
Committee meeting  to order at 8:07  a.m.  Members present  at the                                                              
call  to   order  were   Representatives  James,  Green,   Hudson,                                                              
Kerttula, Smalley  and Ogan.   Representative Whitaker  arrived as                                                              
the meeting was in progress.                                                                                                    
                                                                                                                                
Number 0182                                                                                                                     
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                         
                                                                                                                                
CHAIR JAMES  announced  the committee would  consider one  nominee                                                              
for the  Personnel Board  and one  nominee for  the Alaska  Public                                                              
Offices  Commission.   They would  not vote for  the nominees  but                                                              
would pass  them out  of committee for  full consideration  of the                                                              
House and Senate.                                                                                                               
                                                                                                                                
Personnel Board                                                                                                               
                                                                                                                                
Number 0277                                                                                                                     
                                                                                                                                
CHARLES T.  BORG, Appointee to  the Personnel Board,  came forward                                                              
to testify, saying he was 61 years  old with 30 years of residency                                                              
in the state of  Alaska.  Born and raised in  Washington State, he                                                              
went to college  at Eastern Washington University.   He noted that                                                              
after graduating  from college  in 1960, he  entered the  Army and                                                              
spent a career there with various  assignments in Europe, Vietnam,                                                              
the Lower 48  and Alaska.  He  commented that he had  retired from                                                              
the Army  in 1980  and entered  state government,  serving  in the                                                              
Department  of Military and  Veteran's Affairs.   He mentioned  he                                                              
had  left that  assignment in  1990, and  in 1991  he entered  the                                                              
health care field, serving as a health  care administrator for the                                                              
Department  of   Defense  medical  facilities  in   the  Veteran's                                                              
Administration in Anchorage.   He indicated he had  retired in May                                                              
1999, and  soon after retirement was  asked to serve on  the state                                                              
Personnel Board.  He had accepted,  and his acceptance had brought                                                              
him before the committee for confirmation.                                                                                      
                                                                                                                                
MR.  BORG informed  the  committee  that he  would  like to  serve                                                              
because  he  thinks  he can  bring  his  experience,  professional                                                              
background and  long number of years  in Alaska to the  board.  He                                                              
emphasized that one  of his strengths is the ability  to hear both                                                              
sides of  an issue   and  make impartial  decisions.  He  remarked                                                              
that  he has a  history of  serving the  people of  Alaska and  he                                                              
wants to continue.                                                                                                              
                                                                                                                                
Number 0536                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  said that according  to Mr.  Borg's dossier,                                                              
from 1970-1976 and 1982-1991 Mr.  Borg had planned and coordinated                                                              
certain  operations.   Representative  Green  asked  to how  those                                                              
operations fit with duties germane to the Personnel Board.                                                                      
                                                                                                                                
MR. BORG  answered that from 1970-1976  he was on  active military                                                              
duty  stationed  in  Alaska  and  was  responsible  for  all  army                                                              
recruiting in the state.  Because  he had to travel so much in the                                                              
state,  he felt  he had  grasped  a good  feel for  the people  of                                                              
Alaska.                                                                                                                         
                                                                                                                                
Number 0660                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  said  he  was looking  for  a  tie  between                                                              
military experience  and Personnel Board  work.  He asked  how Mr.                                                              
Borg's background will fit "people  problem" responsibilities that                                                              
would be incurred as a member of the Personnel Board.                                                                           
                                                                                                                                
MR. BORG answered that from 1970-1976  and 1982-1991 he dealt with                                                              
many people  who were involved  in issues ranging  from grievances                                                              
to ethics  problems, and  he felt  that he  had dealt fairly  with                                                              
those personnel matters.                                                                                                        
                                                                                                                                
Number 0745                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON  commented that the two qualities  of ethics                                                              
and fairness are  appropriate for a candidate seeking  to serve on                                                              
the Personnel Board.                                                                                                            
                                                                                                                                
REPRESENTATIVE  SMALLEY  mentioned  that Mr.  Borg's  work-related                                                              
services say a great deal in Mr. Borg's favor.                                                                                  
                                                                                                                                
REPRESENTATIVE OGAN  asked if Mr.  Borg had worked in  the private                                                              
sector.                                                                                                                         
                                                                                                                                
Number 0838                                                                                                                     
                                                                                                                                
MR. BORG  replied in the  affirmative.   He said between  1980 and                                                              
1982, before  he entered  state government, he  had worked  in the                                                              
private sector for Robinson Millwork in Wasilla.                                                                                
                                                                                                                                
Number 0862                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON moved  to forward  the confirmation  of Mr.                                                              
Borg.  There being no objection, it was so ordered.                                                                             
                                                                                                                                
Alaska Public Offices Commission                                                                                              
                                                                                                                                
Number 0900                                                                                                                     
                                                                                                                                
ANDREA   JACOBSON,  Appointee   to  the   Alaska  Public   Offices                                                              
Commission  (APOC), testified via  teleconference from  Ketchikan.                                                              
She said she  has been a police officer with  the Ketchikan Police                                                              
Department for 19  years and had moved to Ketchikan  in 1981.  She                                                              
explained that she  would like to be a board member  because it is                                                              
challenging  and   she  believes  in  making  politics   fair  for                                                              
everyone.   She  noted that  improving regulations  sounds like  a                                                              
real challenge to her.                                                                                                          
                                                                                                                                
REPRESENTATIVE  OGAN said  that  during the  last  [gubernatorial]                                                              
election  he  and  many  other  people  felt  frustration  at  the                                                              
inability  of  the APOC  Board  to  make  a decision  regarding  a                                                              
certain gubernatorial  candidate.   He asked  Ms. Jacobson  if she                                                              
would  deal expeditiously  with  a  glaring problem  concerning  a                                                              
candidate's forthrightness  or would wait until  after an election                                                              
was finished.                                                                                                                   
                                                                                                                                
Number 1070                                                                                                                     
                                                                                                                                
MS. JACOBSON replied that the APOC  Board is mandated to deal with                                                              
problems expeditiously, but in the  case which Representative Ogan                                                              
cites,  the candidate  himself had  requested  delays because  the                                                              
candidate's attorney  lived out of  state.  She stated  that those                                                              
delays caused the case before the board to drag.                                                                                
                                                                                                                                
REPRESENTATIVE OGAN emphasized that  from his perception it seemed                                                              
like  a lot of  foot-dragging  on the  part of the  board, and  he                                                              
would hope for a different performance from the board.                                                                          
                                                                                                                                
Number 1141                                                                                                                     
                                                                                                                                
MS. JACOBSON observed that everybody  is treated the same way, and                                                              
the  Office of  the Attorney  General speaks  for delay  requests.                                                              
She  informed the  committee that  the board  itself had  rejected                                                              
several requests for  delay, and one time when the  board did meet                                                              
to discuss   issues, the candidate  did not come before  the board                                                              
as scheduled.   She acknowledged  that the process is  slower than                                                              
people want it to be.                                                                                                           
                                                                                                                                
REPRESENTATIVE OGAN  reiterated that  the people were  very poorly                                                              
served by the APOC Board in that instance.                                                                                      
                                                                                                                                
Number 1203                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN inquired as  to what her feeling is about the                                                              
review made  by APOC of  the filings,  some of which  become quite                                                              
lengthy during  campaigns or conflicts  of interest.  He  asked if                                                              
she  thinks the  APOC  Board should  review  for completeness  and                                                              
accuracy or should merely act as a filing agency.                                                                               
                                                                                                                                
MS. JACOBSON replied that the APOC  Board has been working hard to                                                              
revise some  regulations to make  them clearer and  define things.                                                              
She  stated that  the  APOC people  do catch  quite  a few  filing                                                              
errors and correct them before the  errors reach the filing stage.                                                              
She  noted that  the  agency now  has  a new  computerized  filing                                                              
system that allows  for more disclosure in a shorter  time period.                                                              
She commented  that with technology  and stricter  regulations she                                                              
thinks things will improve a lot.                                                                                               
                                                                                                                                
Number 1320                                                                                                                     
                                                                                                                                
CHAIR  JAMES asked  whether  Ms. Jacobson  could  see any  obvious                                                              
changes that might be implemented.                                                                                              
                                                                                                                                
Number 1360                                                                                                                     
                                                                                                                                
MS.  JACOBSON replied  that  in  terms of  disclosure  regulations                                                              
there  are some  things that  trouble the  board regarding  client                                                              
privacy for  attorneys and  things like that.   The APOC  Board is                                                              
working on  that to  try to come  up with  something better.   She                                                              
noted   that   for   some   fields   of   work,   source-of-income                                                              
confidentiality could pose a different  standard for the candidate                                                              
than it would for someone else.                                                                                                 
                                                                                                                                
MS. JACOBSON explained  that she has noticed that  the legislature                                                              
cut the budget  for the agency, which has affected  APOC's ability                                                              
to have certain kinds and number  of meetings.  She commented that                                                              
APOC is  supposed to meet  four times a  year but now  meets three                                                              
times due to budget cuts.                                                                                                       
                                                                                                                                
                                                                                                                                
Number 1428                                                                                                                     
                                                                                                                                
CHAIR  JAMES observed  that  Ms.  Jacobson's reference  to  client                                                              
privilege was  interesting since  that also troubles  Chair James.                                                              
In  addition,  it troubles  her  that  people who  are  honorable,                                                              
interested, and  willing to work  as a legislator simply  will not                                                              
submit to  the many rules  they must  abide by to become  elected.                                                              
She stated  that there should  be some  way to identify  people as                                                              
being  honorable without  requiring  them to  divulge  so much  of                                                              
their personal information,  but she does not know  how to fix the                                                              
problem.                                                                                                                        
                                                                                                                                
MS. JACOBSON  said that  is a problem  that APOC has  been working                                                              
on, but she  recognized that once  APOC comes up with an  idea, it                                                              
will take a  while before it is  enacted.  She said that  she also                                                              
would  like to see the average person be able to run for office.                                                                
                                                                                                                                
Number 1636                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON asked how the  time allocation to this board                                                              
fits with her daytime  job.   He asked if she was  able to do both                                                              
jobs handily.                                                                                                                   
                                                                                                                                
MS. JACOBSON  answered  in the affirmative.    She noted that  the                                                              
benefit now  is that  she has been  a police  officer for  so long                                                              
that she  accrues plenty  of vacation  time and  uses some  of her                                                              
vacation days to care for APOC business.                                                                                        
                                                                                                                                
Number 1696                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON  asked  how  many trips  to  Anchorage  Ms.                                                              
Jacobson has made to fulfill APOC Board duties.                                                                                 
                                                                                                                                
MS. JACOBSON  answered that  she had made  three trips,  in March,                                                              
June  and November.   Typically  the meetings  are held  Wednesday                                                              
through Friday,  so she  misses about four  days from  police work                                                              
for each APOC Board meeting.  She  noted that she has attended two                                                              
half-day teleconference  meetings, but since  teleconferences fall                                                              
on her days off [from police work],  it has not been a problem for                                                              
her at all to attend to APOC Board duties.                                                                                      
                                                                                                                                
Number 1776                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON moved  to forward  the confirmation  of Ms.                                                              
Jacobson.  There being no objection, it was so ordered.                                                                         
                                                                                                                                
HB 367-REVOCATION OF DRIVING PRIVILEGES                                                                                       
                                                                                                                                
Number 1821                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced the  next order of  business is  HOUSE BILL                                                              
NO.  367,  "An  Act  providing  for   the  revocation  of  driving                                                              
privileges by  a court for  a driver  convicted of a  violation of                                                              
traffic  laws  in  connection  with   a  fatal  motor  vehicle  or                                                              
commercial  motor  vehicle accident;  and  amending  Rules 43  and                                                              
43.1, Alaska Rules of Administration."                                                                                          
                                                                                                                                
ANNE  CARPENETI, Assistant  Attorney  General, Criminal  Division,                                                              
Department of  Law, said the purpose  of HB 367 is to  improve the                                                              
safety of  drivers on our highways.   She noted that  earlier this                                                              
year a gentleman  had called and talked to the  department about a                                                              
situation  that  caused  the  department   to  think  about  fatal                                                              
accidents  on  Alaska highways.    The  gentleman's son  had  been                                                              
killed  in an automobile  accident  caused by  bad driving  on the                                                              
part of someone  else; however, the  driving was not so  bad as to                                                              
be labeled criminal  driving.  She commented that  the bad driving                                                              
did  result in  a traffic  violation citation,  but current  motor                                                              
vehicle  laws do  not  provide for  any  license revocation  under                                                              
these circumstances.                                                                                                            
                                                                                                                                
MS. CARPENETI  indicated that  motor vehicle  laws do provide  for                                                              
license revocation  if a person  is convicted of  certain criminal                                                              
conduct in  connection with driving  a motor vehicle, but  that is                                                              
not the case for traffic violations  that result in a death on the                                                              
roads.  Therefore,  HB 367 was  drafted to address the  problem by                                                              
revoking the guilty individual's  license for a year's time if the                                                              
court finds  by a preponderance  of evidence  that the  person was                                                              
driving  a motor vehicle  involved  in a fatal  accident and  that                                                              
violation of traffic laws contributed  to the fatal accident.  She                                                              
informed  the   committee  that   HB  367  provides   for  license                                                              
revocation  concurrent  to  any other  possible  revocations  that                                                              
might  apply;  it also  allows  the  court  to provide  a  limited                                                              
license  if  the court  finds  that  the  person needs  a  limited                                                              
license for  earning a  livelihood and  that granting the  limited                                                              
license would not endanger the public.                                                                                          
                                                                                                                                
Number 1976                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN asked if the administration supports HB 367.                                                                
                                                                                                                                
MS. CARPENETI replied in the affirmative.                                                                                       
                                                                                                                                
REPRESENTATIVE OGAN  inquired as to the "lesser  included offense"                                                              
issue.                                                                                                                          
                                                                                                                                
MS. CARPENETI answered  that she did not know if  there would be a                                                              
lesser included offense for a traffic violation.                                                                                
                                                                                                                                
REPRESENTATIVE OGAN said he had introduced  a bill very similar to                                                              
HB 367 four years ago after a dear  friends's two sons were killed                                                              
in a traffic accident caused by irresponsible  passing on the part                                                              
of another  young person  in a different  vehicle.  He  noted that                                                              
the bad driver who  had caused two deaths was fined  only $300 and                                                              
six points off his  license.  He explained that his  bill had died                                                              
in  the  Judiciary  Committee  because   of  the  lesser  included                                                              
offense.  He commented that the department  had told him that if a                                                              
jury  could not  convict a  driver on  a felony  charge, the  jury                                                              
could  not convict  because  of bad  driving,  which  is a  lesser                                                              
included  offense.  He  indicated   he  is  mystified  as  to  the                                                              
inconsistency  of the Department  of Law because  HB 367  does not                                                              
address the issue of lesser included  offense, and yet that clause                                                              
was the failing factor of his previous  bill dealing with the same                                                              
subject.                                                                                                                        
                                                                                                                                
Number 2129                                                                                                                     
                                                                                                                                
MS.  CARPENETI explained  that the  Department  of Law's  position                                                              
regarding Representative  Ogan's bill was that making  a crime out                                                              
of  non-criminal negligence  conduct was  not viable.   She  noted                                                              
that HB  367 does  not establish  a new offense  but is  a license                                                              
revocation Act, as a way of addressing  bad driving, that does not                                                              
require a  culpable mental state  high enough to  justify criminal                                                              
prosecution.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OGAN  asked why  the  Department  of Law  had  not                                                              
suggested  something that  would  resolve the  problem instead  of                                                              
testifying  against his  legislation.   He emphasized  that he  is                                                              
sure  other people  have been  killed [because  of unpunished  bad                                                              
driving habits].                                                                                                                
                                                                                                                                
Number 2238                                                                                                                     
                                                                                                                                
MS. CARPENETI  replied that  she guessed  that when Department  of                                                              
Law was reviewing  Representative Ogan's bill, the  department was                                                              
concerned about  the criminal aspects  of charging  somebody whose                                                              
culpable mental  state was  only civil negligence.   She  said she                                                              
was sorry that the department was  not creative enough to think of                                                              
a solution at that time.                                                                                                        
                                                                                                                                
CHAIR  JAMES  commented  that  she   is  happy  with  HB  367  but                                                              
recognizes  that the  gentleman whose  son was  killed might  have                                                              
received  some  satisfaction  if Representative  Ogan's  bill  had                                                              
passed  four years ago.   She  acknowledged that  when people  are                                                              
testifying for  or against a bill,  they usually are  not thinking                                                              
about solutions  to  get the bill  passed but  are thinking  about                                                              
their  arguments for  or against  it.   She said  there have  been                                                              
times in  the eight years she  has served in the  legislature when                                                              
the  administration  has  offered  solutions  for  drafting  bills                                                              
correctly.                                                                                                                      
                                                                                                                                
Number 2346                                                                                                                     
                                                                                                                                
MS.  CARPENETI noted  that  when  adopting laws  for  a crime  for                                                              
certain conduct  it is  a different  mind set  than for  a license                                                              
revocation.                                                                                                                     
                                                                                                                                
CHAIR JAMES said she understood that.   She surmised that probably                                                              
the  Department   of  Law  was  reviewing  specific   language  in                                                              
Representative Ogan's  bill and what  it was doing, as  opposed to                                                              
the  purpose for  filing  the bill.   She  commented  that it  was                                                              
unfortunate  that Representative  Ogan's  bill did  not pass,  and                                                              
suggested that in  the future when someone objects  to a bill, the                                                              
sponsor can ask for suggestions as to ways to fix the bill.                                                                     
                                                                                                                                
Number 2398                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN asked if the  lesser included offense [clause]                                                              
will not be a factor in felony cases.                                                                                           
                                                                                                                                
MS. CARPENETI  answered that  HB 367 does  not relate to  a crime.                                                              
Rather,  it  is  a  license  revocation  for  a  person  who  gets                                                              
convicted of a traffic violation that results in death.                                                                         
                                                                                                                                
REPRESENTATIVE OGAN  said he wants  to make sure, however,  that a                                                              
judge will not require "lesser included offense" in HB 367.                                                                     
                                                                                                                                
CHAIR JAMES asked whether license  revocation is an administrative                                                              
decision or goes to trial.                                                                                                      
                                                                                                                                
Number 2477                                                                                                                     
                                                                                                                                
MS. CARPENETI replied that HB 367 is a court revocation.                                                                        
                                                                                                                                
CHAIR  JAMES asked  whether, in  a  court revocation,  there is  a                                                              
trial or  it is the judge  who decides about the  preponderance of                                                              
evidence.                                                                                                                       
                                                                                                                                
MS. CARPENETI  replied that  a judge  decides by preponderance  of                                                              
evidence because HB  367 is a court revocation.   She acknowledged                                                              
that  one effect  of HB  367 is  that  a person  who contests  the                                                              
traffic citation will have a right  to a jury trial since there is                                                              
a  possibility  of loss  of  a valuable  license.    In answer  to                                                              
Representative  Ogan's previous question,  she explained  that she                                                              
personally  is  not familiar  with  judges instructing  on  lesser                                                              
included offenses  for traffic violations and has  never seen that                                                              
happen.   Usually,  she added,  lesser  included offenses  involve                                                              
crime,  and HB  367  is  not talking  about  crime  but about  bad                                                              
driving and  traffic violations that do  not rise to the  level of                                                              
criminal conduct.                                                                                                               
                                                                                                                                
Number 2526                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN asked how juries  are instructed; for example,                                                              
if they cannot convict on (a), then  can they go to (b)?  He asked                                                              
whether that scenario could happen with HB 367.                                                                                 
                                                                                                                                
Number 2541                                                                                                                     
                                                                                                                                
MS. CARPENETI  replied that  if a  prosecutor believes  he/she can                                                              
prove that  this person  committed  a crime by  evidence beyond  a                                                              
reasonable doubt, that  person is formally charged.    That person                                                              
enters a plea  of not guilty, the trial proceeds,  and evidence is                                                              
gathered.   However, if  evidence comes  into the  trial in  a way                                                              
that  was not  anticipated  by  the prosecution,  the  prosecution                                                              
might  ask  for  instructions  on a  lesser  included  offense  if                                                              
elements of a  lesser offense are included within  the elements of                                                              
the  higher  offense.   She  noted  that  the defense  lawyer  may                                                              
request  instructions  on  "lesser included"  because  he/she  may                                                              
believe  that the  person  has a  chance of  acquittal  on a  less                                                              
serious crime and getting a better  result for a lesser crime.  If                                                              
the judge  is willing to  give "lesser included  offenses," he/she                                                              
uses  a variety  of  factors to  decide  whether  there is  enough                                                              
evidence that would make it logical to give those instructions.                                                                 
                                                                                                                                
Number 2615                                                                                                                     
                                                                                                                                
REPRESENTATIVE   OGAN  said   he  understood   that  there   is  a                                                              
possibility that a  defense attorney may ask the  judge to convict                                                              
a person  at a lesser  charge if the  person cannot be  charged at                                                              
the higher criminal level.                                                                                                      
                                                                                                                                
MS. CARPENETI  offered her opinion  that a defense  attorney could                                                              
make the argument  that his/her client is not guilty  of any crime                                                              
and  that the  court should  just  consider a  citation, but  that                                                              
would be a very unusual case.                                                                                                   
                                                                                                                                
REPRESENTATIVE  GREEN commented  that  he had  spent  time with  a                                                              
judge one day and heard four driving-without  a-license cases, all                                                              
associated with driving under the  influence of alcohol (DWI); two                                                              
of  the four  cases involved  someone  caught for  the fifth  time                                                              
driving without  a license.  All  four had plea-bargained  to some                                                              
lesser  offense.   He asked  what HB 367  will do  to ensure  that                                                              
those kinds  of people  will not  drive without  a license,  since                                                              
drunks  are  allowed   to  drive  without  licenses   on  multiple                                                              
occasions.                                                                                                                      
                                                                                                                                
Number 2698                                                                                                                     
                                                                                                                                
MS. CARPENETI  answered that HB 367  provides for revocation  of a                                                              
license.   If a person is  caught driving with a  revoked license,                                                              
there is a misdemeanor offense.   If a person's license is revoked                                                              
for DWI  and that  person drives  again and  is caught,  then that                                                              
person can be  charged with driving with a revoked  license, which                                                              
carries a mandatory minimum of ten days in jail.                                                                                
                                                                                                                                
REPRESENTATIVE GREEN pointed out  that the two people who had been                                                              
caught five times obviously are going  to drive regardless of what                                                              
HB 367 legislates.   He asked if  anything in HB 367  has teeth in                                                              
it other than revocation of a license.                                                                                          
                                                                                                                                
Number 2739                                                                                                                     
                                                                                                                                
MS. CARPENETI replied that HB 367  does not address DWI situations                                                              
because driving  with a  revoked license  is a misdemeanor  crime.                                                              
Rather, HB 367  deals with driving with traffic violations.   If a                                                              
person's  license is  revoked,  then one  would  hope that  he/she                                                              
would not drive.   She noted that  a person caught driving  with a                                                              
revoked license  could be  charged with a  misdemeanor and  put in                                                              
jail.  Therefore, HB 367 does have teeth in essence.                                                                            
                                                                                                                                
REPRESENTATIVE  GREEN  reiterated   that  the  person  could  plea                                                              
bargain   down.    He   said  he   shares  Representative   Ogan's                                                              
frustration and does not believe HB 367 does anything [useful].                                                                 
                                                                                                                                
Number 2769                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  said she thinks HB 367  is an interesting                                                              
idea  because she  had  not realized  that  [bad  driving was  not                                                              
punished]  already.   She asked if  Ms. Carpeneti  could give  any                                                              
other instance  where causation  is so  attenuated because  HB 367                                                              
characterizes  "contribution"  as  part of  the  violation,  which                                                              
seems a really low standard.  She  wondered if there was any other                                                              
violation of such low standard in  that it is just a contribution,                                                              
not a direct cause of what happened.                                                                                            
                                                                                                                                
MS.  CARPENETI   answered  that   HB  367  provides   for  license                                                              
revocation    under  [bad  driving] circumstances,  it  is  not  a                                                              
causation.   She noted that a  traffic violation has to  be proved                                                              
beyond a  reasonable doubt,  just as for  any violation  or crime,                                                              
and then the court looks to a preponderance  standard to ascertain                                                              
whether the traffic violation contributed.                                                                                      
                                                                                                                                
Number 2817                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA said  she  understood that,  but even  in                                                              
traffic violations, how can a contributor  be held responsible for                                                              
what happens?   She asked if other traffic violation  laws were on                                                              
the  books  wherein a  person  could  be  held accountable  for  a                                                              
contribution sufficient enough for license revocation.                                                                          
                                                                                                                                
MS. CARPENETI  answered that HB 367  would apply to  any violation                                                              
involving a moving vehicle.                                                                                                     
                                                                                                                                
REPRESENTATIVE    KERTTULA    indicated    she    could    foresee                                                              
responsibility  for an accident  getting moved  on down  the line.                                                              
For  example,  she  described  a   scenario  where  she  had  just                                                              
contributed  to something [an  accident] but  was not driving  the                                                              
car that actually  hit someone.  She again asked  if there is some                                                              
other traffic  violation  that is  so removed  from cause and  yet                                                              
still charged as a violation.                                                                                                   
Number 2860                                                                                                                     
                                                                                                                                
MS. CARPENETI  replied that invocation  of HB 367 would  require a                                                              
citation on the part of a police officer.                                                                                       
                                                                                                                                
REPRESENTATIVE KERTTULA  said [that under]  HB 367 a  very removed                                                              
sequence of events can still result in revocation of license.                                                                   
                                                                                                                                
CHAIR JAMES  said she had actually  executed a "360"  [degrees] in                                                              
the middle of  an icy road, so she understood  what Representative                                                              
Kerttula  was  referring  to  in  regard  to  contributing  to  an                                                              
accident.  Fortunately, no other  car was there at the time, so it                                                              
did not result  in an accident;  however, she suspected  that if a                                                              
policeman had  been present  she would  have received a  citation.                                                              
She reiterated  that purely and  simply because of  the conditions                                                              
of the road a person could be held  responsible under HB 367.  She                                                              
asked if that is the true intent of HB 367.                                                                                     
                                                                                                                                
TAPE 00-16, SIDE B                                                                                                              
Number 2969                                                                                                                     
                                                                                                                                
MS. CARPENETI acknowledged  that there are such  things as traffic                                                              
accidents where  no one is cited.   However, if a person  does get                                                              
cited  for  a traffic  violation,  the  violation must  be  proven                                                              
beyond  a reasonable  doubt.   The  person  will  have notice  and                                                              
opportunity to  be heard, will have  a lawyer appointed,  and will                                                              
have a right to  jury trial because of the possibility  of loss of                                                              
a valuable  license.   If a  person is  convicted, the court  will                                                              
have  to find  by a  preponderance  of evidence  that the  traffic                                                              
violation contributed to a death.   Therefore, Ms. Carpeneti said,                                                              
she thinks a person  will be afforded due process  of law, and, in                                                              
terms of consequences, it is very  serious to drive with a revoked                                                              
license.                                                                                                                        
                                                                                                                                
Number 2880                                                                                                                     
                                                                                                                                
CHAIR JAMES  asked whether  the penalty  would  be different  if a                                                              
person performed  a "360"  in the road,  was observed by  a police                                                              
officer, and was cited, but no death resulted.                                                                                  
                                                                                                                                
MS. CARPENETI  replied in  the affirmative.   She reiterated  that                                                              
the point  of HB 367 is  that traffic fatalities  happen sometimes                                                              
as  the result  of bad  driving,  and not  necessarily because  of                                                              
criminal  driving, criminally  negligent homicide,  DWI, or  other                                                              
criminal behavior.   Nevertheless, for  the safety of  the driving                                                              
public,  people who  drive badly  and cause the  death of  another                                                              
should probably not be driving for a while.                                                                                     
                                                                                                                                
Number 2835                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN reiterated  that  the two  offenders he  had                                                              
cited earlier  were plea-bargained down.   He emphasized  that the                                                              
judge actually  admitted that plea  bargains are done  because the                                                              
prosecuting attorney  is so busy  that the attorney does  not have                                                              
time to  adequately prepare  for the  cases ahead; therefore,  the                                                              
attorney  plea  bargains  to something  simpler.    Representative                                                              
Green said  that is a travesty to  him, and he had even  talked to                                                              
the judge afterwards about  it.   He said HB 367 would affect law-                                                              
abiding citizens  instead of  the people who  need to  be stopped.                                                              
He  expressed frustration  at  this  kind of  "slap  on the  hand"                                                              
[legislation].   In response  to Ms.  Carpeneti's remark  that she                                                              
would have to know more about the  situation, Representative Green                                                              
said  he would  tell  her the  judge's  name after  the  committee                                                              
meeting.                                                                                                                        
                                                                                                                                
MS. CARPENETI  acknowledged that there  are some cases  where plea                                                              
bargaining  can be very  frustrating to  everybody concerned,  and                                                              
probably as frustrating to the prosecutor  because the court tries                                                              
to charge people  with the right  level of crime and to  have them                                                              
convicted.                                                                                                                      
                                                                                                                                
Number 2762                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON remarked that  he is  trying to  figure out                                                              
how HB 367 will  make roads safer.  Would it serve  as a threat of                                                              
added punishment,  or remove somebody  from the roads who  did not                                                              
commit a  crime but who contributed  to an accident  that resulted                                                              
in death?   If  HB 367 is  simply elevating  punishment to  a law-                                                              
abiding  citizen  who happens  to  be  a  contributor to  a  fatal                                                              
accident,  he said he  is having  a hard  time finding any  public                                                              
good in it.  He asked what is cured  by HB 367 and how people will                                                              
know  that  their  licenses  can  be  revoked  if  they  become  a                                                              
contributor to a fatal accident.                                                                                                
Number 2658                                                                                                                     
                                                                                                                                
MS.  CARPENETI answered  that she  thinks  people will  eventually                                                              
learn  that if  they commit  a traffic  violation,  are cited  and                                                              
convicted  of an accident  that results  in death,  they have  the                                                              
potential of  losing their license.   That threat is  important in                                                              
encouraging  people  to  be  more   careful.    She  reminded  the                                                              
committee that  HB 367 requires that  the cause [which  results in                                                              
death]  of  the  traffic  citation  is  what  results  in  license                                                              
revocation.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON  quoted  from  paragraph  two  of  Governor                                                              
Knowles'  letter  to Representative  Porter,  dated  February  10,                                                              
2000:  "Regardless  of whether their conduct is  criminal, drivers                                                              
whose traffic  violations  contribute to  an accident causing  the                                                              
death of...."   He pointed out that  it does not say  "causing the                                                              
death" but says  that even if they "contribute to"  it, they could                                                              
lose their license and be elevated to this higher penalty.                                                                      
                                                                                                                                
Number 2593                                                                                                                     
                                                                                                                                
MS. CARPENETI  explained that HB  367 provides for a  violation of                                                              
traffic  laws  for  which  a person  had  to  have  a  conviction.                                                              
Therefore,  a person  would  have  to be  convicted  of a  traffic                                                              
violation that contributed to the accident.                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON  asked if it  is a conviction  that triggers                                                              
HB 367.                                                                                                                         
                                                                                                                                
MS. CARPENETI answered that HB 367  requires a conviction beyond a                                                              
reasonable doubt.                                                                                                               
                                                                                                                                
REPRESENTATIVE SMALLEY  asked Ms. Carpeneti if she  could identify                                                              
situations  under which  a  judge would  grant  a limited  driving                                                              
privilege  as described  in Governor  Knowles' letter,  previously                                                              
cited,  in the third  paragraph where  it says  "to grant  limited                                                              
license privileges  if it  determines driving  is critical  to the                                                              
person's livelihood and will not pose a danger to the public."                                                                  
                                                                                                                                
Number 2548                                                                                                                     
                                                                                                                                
MS. CARPENETI replied that in just  about every license revocation                                                              
statute, judges do  have the authority to grant  a limited license                                                              
sometimes after a certain period  of time.  Such a limited license                                                              
is usually granted  when there is no public transportation  to the                                                              
person's work and  the person would lose his/her  job if unable to                                                              
get to work.   A limited license  would allow the person  to drive                                                              
to and  from work  during certain  hours of the  day, and  only at                                                              
those times.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SMALLEY  asked if  the person  might  be a  single                                                              
parent or the only parent working.                                                                                              
                                                                                                                                
Number 2514                                                                                                                     
                                                                                                                                
MS. CARPENETI answered in the affirmative.   She said judges would                                                              
consider circumstances,  for example,  if no one  else is  able to                                                              
drive that  person to  work or if  there is no  bus service.   She                                                              
noted that limited  licenses are granted because if  the person is                                                              
left without the ability to work,  then their family does not have                                                              
an  income which,  in turn,  creates  more problems.   However,  a                                                              
judge cannot  grant a limited  license unless he/she  is convinced                                                              
that  the conditions  on the  license -  to and  from work  during                                                              
certain hours of the day - would still protect the public.                                                                      
                                                                                                                                
Number 2492                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY  inquired as to Ms.  Carpeneti's perception                                                              
regarding decline in revenue to the  Public Defender's Office.  He                                                              
asked if HB 367 would cause difficulty with case flow.                                                                          
                                                                                                                                
MS.  CARPENETI  replied  that  numbers  affected  by  HB  367  are                                                              
relatively small.   The Department of Law had  reviewed the number                                                              
of fatal  accidents from  1996 to 1998  and found that  there were                                                              
about six  to eight cases where  there was a traffic  citation and                                                              
the traffic violation was the cause of a fatal accident.                                                                        
                                                                                                                                
Number 2438                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  said he thinks  HB 367 does have  some public                                                              
good.  His friends  whose two sons were killed were  left with the                                                              
feeling that  their sons'  lives were valued  at only $300  by the                                                              
state.  Therefore,  maybe the public good is that  if the reckless                                                              
driver had  lost his  license, he  might have  told the  driver to                                                              
slow down  the second time they  were out driving recklessly.   He                                                              
noted that at  least HB 367 places some tangible  consequences for                                                              
reckless driving and taking lives.                                                                                              
                                                                                                                                
Number 2258                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON asked Representative  Ogan if  the reckless                                                              
driver who  caused the death  of two  boys caused the  accident or                                                              
contributed to the accident.                                                                                                    
                                                                                                                                
REPRESENTATIVE  OGAN answered  that the  reckless driver  directly                                                              
caused and was cited for the accident.                                                                                          
                                                                                                                                
REPRESENTATIVE HUDSON  asked if someone  could be  penalized under                                                              
HB  367 by  simply contributing  to, not  necessarily causing,  an                                                              
accident.                                                                                                                       
                                                                                                                                
Number 2208                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN cited page 2,  lines 21 and 22, where it says                                                              
"limitation  can be  placed on the  license that  will enable  the                                                              
person to earn a livelihood without  danger to the public."  Since                                                              
the person driving  only to and from work is very  likely doing so                                                              
during  rush hour,  Representative  Green asked  if  there is  any                                                              
judge who can say that by allowing  this person to drive, there is                                                              
no danger to the public.                                                                                                        
                                                                                                                                
MS.  CARPENETI replied  that most  statutes that  allow a  limited                                                              
license state "without excessive  danger to the public."  When the                                                              
Department  of  Law  was  reviewing  HB  367,  the  administration                                                              
thought "excessive" was too much danger.                                                                                        
                                                                                                                                
Number 2158                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  reiterated that a judge in  all logic cannot                                                              
say "there is no danger to the public."                                                                                         
                                                                                                                                
MS. CARPENETI  answered that much  depends upon the  prior driving                                                              
record of the person seeking a limited license.                                                                                 
                                                                                                                                
REPRESENTATIVE GREEN emphasized that  the prior driving record has                                                              
already been established.                                                                                                       
                                                                                                                                
MS.  CARPENETI  replied  that  she  meant a  driver  who  had  not                                                              
previously  had any  bad points  against  his/her driving  record.                                                              
She indicated  that it had  seemed to  the Department of  Law when                                                              
they reviewed HB 367 that a judge  should be able to say a limited                                                              
license  does  not   cause  danger  to  the  public   under  these                                                              
circumstances.                                                                                                                  
                                                                                                                                
Number 2123                                                                                                                     
                                                                                                                                
CHAIR JAMES  mentioned that she  found it difficult  to understand                                                              
why  Representative  Ogan's accident  case  was  not found  to  be                                                              
criminal,  and that  she  believes that  in  most fatal  accidents                                                              
someone  is extremely  guilty of  making a wrong  decision  in the                                                              
driving  process.   Perhaps the  person  was driving  too fast  or                                                              
drinking,  and sometimes  she  believes there  are  two people  at                                                              
fault.    She  indicated  she  would  support  HB  367  but,  like                                                              
Representative  Hudson, is not  sure that HB  367 will  make roads                                                              
safer.                                                                                                                          
                                                                                                                                
Number 1960                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN   noted  that  in   the  case  he   had  been                                                              
discussing, there was not enough  evidence to prosecute criminally                                                              
because the  driving was  not reckless  enough to prove  negligent                                                              
homicide,  and no  alcohol was  involved.   He added  that HB  367                                                              
would be a message to those kinds of people.                                                                                    
                                                                                                                                
Number 1824                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  made a  motion  to move  HB  367 out  of                                                              
committee  with  individual  recommendations   and  attached  zero                                                              
fiscal note.                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUDSON objected.                                                                                                 
                                                                                                                                
A  roll call  vote  was taken.   Representatives  Kerttula,  Ogan,                                                              
Smalley   and  James   voted  in   favor  of   moving  the   bill.                                                              
Representatives    Green   and    Hudson    voted   against    it.                                                              
Representative Whitaker was absent.   Therefore, HB 367 moved from                                                              
the House State Affairs Standing Committee by a vote of 4-2.                                                                    
                                                                                                                                
HB 292-DISCLOSURE OF CRIMINAL HISTORY RECORDS                                                                                 
                                                                                                                                
Number 1716                                                                                                                     
                                                                                                                                
CHAIR JAMES  announced the  next order of  business is  HOUSE BILL                                                              
NO.  292, "An  Act  adopting  the  National Crime  Prevention  and                                                              
Privacy Compact; making criminal  justice information available to                                                              
interested  persons   and  criminal  history   record  information                                                              
available  to the  public; making  certain conforming  amendments;                                                              
and providing for an effective date."                                                                                           
                                                                                                                                
KEN  BISCHOFF,  Director,  Division  of  Administrative  Services,                                                              
Department of  Public Safety  (DPS), said he  was speaking  for HB
292 to provide some background.   Like many state legislatures, he                                                              
added,  the Alaska  State Legislature over the years  has tried to                                                              
address  sensitive   employment   and  licensing  by   authorizing                                                              
background checks for the protection  of children; this occurs for                                                              
people  working as  school bus  drivers, school  teachers and  day                                                              
care  center providers,  and  also occurs  for  the protection  of                                                              
dependent adults.   He noted that  AS 12.62 is the  primary Alaska                                                              
Statute  regarding   the  release   of  criminal  history   record                                                              
information.                                                                                                                    
                                                                                                                                
MR.  BISCHOFF explained  that there  are  two levels  - state  and                                                              
national  -  to  doing  criminal  history checks.    Thus  HB  292                                                              
proposes  having Alaska  adopt a  national compact,  which all  50                                                              
states  in  the  near  future plan  to  adopt  to  facilitate  the                                                              
exchange  of national  criminal history  record  checks for  these                                                              
purposes.  He  commented that the department currently  does about                                                              
20,000  checks of  this nature  every year,  so this  is a  fairly                                                              
significant business.  With adoption  of the compact, he envisions                                                              
that the department  will also get some workload  related to other                                                              
states, just  as those states will  get some of  Alaska's queries;                                                              
therefore,  it  is  a  reciprocal  exchange  and  agreement.    He                                                              
mentioned that it  is a standard way of doing  business nationally                                                              
and will provide for much more complete  national criminal history                                                              
checks   because   a   significant   percentage   of   state-level                                                              
information does not  reside at the national level.   For example,                                                              
40 percent  of Oregon's  criminal records are  not indexed  at the                                                              
national level, and this compact  would allow Alaska to get access                                                              
to those additional records.                                                                                                    
                                                                                                                                
MR. BISCHOFF indicated  the Federal Bureau of  Investigation (FBI)                                                              
has a rule of  thumb that approximately one in  five criminals has                                                              
a record in more  than one state.  He informed  the committee that                                                              
there are 55  million criminal records nationally.   This compact,                                                              
once  adopted by  the country,  will  link all  50 state  criminal                                                              
history record repositories and the  FBI repository.  He urged the                                                              
committee's support for HB 292.                                                                                                 
                                                                                                                                
Number 1560                                                                                                                     
                                                                                                                                
CHAIR  JAMES inquired  as to  the status  of the  other states  in                                                              
joining the compact.                                                                                                            
                                                                                                                                
MR. BISCHOFF replied  that as of January [2000],  Montana, Nevada,                                                              
Georgia,  and Florida  had ratified  the  compact.   Half a  dozen                                                              
states are introducing legislation  this year, and a larger number                                                              
of  states  are slated  to  introduce  legislation  in 2001.    He                                                              
explained that  he has personally  been involved in  this national                                                              
compact issue  since about 1988,  and it has  been in the  works -                                                              
being developed jointly with the  FBI and various criminal justice                                                              
information  groups  across the  country  - since  the  mid-1970s.                                                              
Finally,  he  added,  Congress  passed  the  Crime  Identification                                                              
Technology  Act a couple  of years  ago, and  now some states  are                                                              
positioning themselves to adopt this national compact.                                                                          
                                                                                                                                
Number 1490                                                                                                                     
                                                                                                                                
CHAIR JAMES asked what cooperation Alaska has with Canada.                                                                      
                                                                                                                                
MR. BISCHOFF  replied that this  compact will not  affect criminal                                                              
record checks  for civil purposes.   However, the  department does                                                              
have  access to  the Canadian  police information  system for  law                                                              
enforcement  or  criminal  justice purposes,  and  the  department                                                              
exchanges  motor vehicle,  stolen property,  missing persons,  and                                                              
wanted person information.                                                                                                      
                                                                                                                                
REPRESENTATIVE GREEN  asked how much return for the  money the DPS                                                              
will realize by  joining the national compact.  He  also asked how                                                              
the national  compact differs  from the  parole compact  currently                                                              
being negotiated.                                                                                                               
                                                                                                                                
Number 1411                                                                                                                     
                                                                                                                                
MR. BISCHOFF  answered  that he is  not familiar  with the  parole                                                              
compact.  However,  the title indicates to him that  it deals with                                                              
criminal  justice,  while  HB  292  speaks  to  a  civil  purpose;                                                              
therefore,  the two  are not  comparable.   The DPS  is trying  to                                                              
provide  access   to  criminal  history  records   for  regulatory                                                              
agencies and  employers authorized by  statute in order  to screen                                                              
employees and license applicants.                                                                                               
                                                                                                                                
MR. BISCHOFF pointed out that the  department had submitted a zero                                                              
fiscal note  with HB 292.   Already a  fair amount  of preparatory                                                              
work has been done in regard to HB  292, and in the long run, cost                                                              
to the agency  will be a "wash."   He noted that  preliminary work                                                              
has been  necessary because nationally  the criminal  records data                                                              
base  is  being  decentralized.     He  explained  that  when  the                                                              
department receives a first-time  arrest, the department submits a                                                              
fingerprint card to  the FBI; then the FBI runs a  search in their                                                              
system and  a federal identification  number will  be established.                                                              
The Interstate  Identification Index (III)  referred to by  HB 292                                                              
will  show   the  federal   identification  number   and  Alaska's                                                              
identification  number for  that  person.   Consequently, if  that                                                              
person goes to Florida and commits  a crime, the same process will                                                              
repeat; however, a fingerprint card  only has to be submitted once                                                              
because the person's identification  is in the III system.  Anyone                                                              
who queries the  III system will know there is a  record in Alaska                                                              
and Florida  on that  person; therefore, some  work will  be saved                                                              
and the benefit will be more complete, timely information.                                                                      
                                                                                                                                
Number 1287                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  indicated he  disagreed  with Mr.  Bischoff                                                              
that there  is no comparison  between the  parole compact  and the                                                              
III  system   because  in  both   cases  they  are   compacts  for                                                              
information  from other  states.   He  emphasized  that whether  a                                                              
parolee is  civil or criminal, there  is information to  be gained                                                              
by belonging  to a compact,  but other  states are not  supporting                                                              
the  compact.   He asked  what kind  of information  the state  is                                                              
providing  for   a  prospective  employer  that   is  not  already                                                              
available  through  the  FBI.    He said  it  seems  that  if  the                                                              
information is important, the FBI would already have it.                                                                        
                                                                                                                                
MR. BISCHOFF  acknowledged that since  the early '60s the  FBI has                                                              
believed in keeping important information  in a national database.                                                              
However, the  problem that evolved  over time was one  of workload                                                              
and of human  nature.  Before the electronic age,  people who were                                                              
arrested went to  a booking facility and were  fingerprinted.  Two                                                              
or  three sets  of  fingerprints  were required  -  for the  state                                                              
system,  the  national  system  and  the  local  arresting  police                                                              
department.  He recognized that human  beings being what they are,                                                              
there were quality  assurance problems:  sometimes  the second and                                                              
third set of cards did not get created,  and the best set of cards                                                              
that came  into the  state repository  was retained  at the  state                                                              
level and often  not forwarded to  the FBI.  As a consequence, the                                                              
national repository  is not complete.  For example,  before Oregon                                                              
joined the III  system, almost half of their records  had not been                                                              
indexed  at  the  national  level.     Furthermore,  five  million                                                              
California  DWI records  are not  indexed and  would be  available                                                              
only through  a III system query  to California.  So, if  the goal                                                              
of HB  292 is  to have  a regulatory  agency or  employer make  an                                                              
informed decision, they need complete  information, as provided by                                                              
HB 292.                                                                                                                         
                                                                                                                                
Number 1089                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN said it  sounds as  if Alaska would  provide                                                              
all its  information but Oregon and  California have only  half of                                                              
their information  available; thus Alaska is not  getting quid pro                                                              
quo.                                                                                                                            
                                                                                                                                
MR. BISCHOFF  said that  is exactly  why the  department wants  to                                                              
join the compact,  because it will allow the department  to search                                                              
the databases of  Washington, Oregon, Virginia and  other states -                                                              
an ability the department does not currently have.                                                                              
                                                                                                                                
CHAIR JAMES asked how the department searches databases.                                                                        
                                                                                                                                
MR. BISCHOFF replied  that the department must be  a member of the                                                              
compact to  search other state  databases for civil  purposes, and                                                              
the department  is hoping that the  majority of states sign  on to                                                              
the compact because it is very important.                                                                                       
                                                                                                                                
Number 1026                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY  noticed that certification  of teachers is                                                              
on the list of  queries that could be made to the  III system.  He                                                              
inquired as to  the cost of joining the compact  and whether there                                                              
would be additional  licensure fee increases as a  result of these                                                              
costs.                                                                                                                          
                                                                                                                                
MR. BISCHOFF  answered that  the department  has submitted  a zero                                                              
fiscal  note with  HB  292 because  there  would  be no  immediate                                                              
change in cost.   Once implemented,  it would be a break  in terms                                                              
of future cost increases.                                                                                                       
                                                                                                                                
REPRESENTATIVE  SMALLEY stated  that  he has  been a  certificated                                                              
teacher for many  years in the state, and when  fingerprinting was                                                              
required,  teacher certification  fees  increased as  a result  of                                                              
background checks.   He asked if Mr. Bischoff  was suggesting that                                                              
later on  there could  be an  additional increase  as a  result of                                                              
costs.                                                                                                                          
                                                                                                                                
Number 0937                                                                                                                     
                                                                                                                                
MR. BISCHOFF replied  no, not as a result of  implementing HB 292,                                                              
because  once  a majority  of  the states  are  signed  on to  the                                                              
national compact,  it will  allow the  nation to process  requests                                                              
electronically.    Currently, the  department  is  required to  do                                                              
applicant  searches  for  teacher   certification,  which  entails                                                              
preparing fingerprint  cards, sending the cards  by mail, tracking                                                              
the  cards,  and  waiting  four  to  eight  weeks  for  turnaround                                                              
[results].   The FBI and the  department are both  upgrading their                                                              
computer systems.   Two  years ago,  the legislature had  provided                                                              
operating   funding   for   the   state  to   join   the   Western                                                              
Identification  Network.   The  department is  in  the process  of                                                              
completing that  upgrade, which will allow them  to electronically                                                              
send  fingerprints  to the  FBI;  that  in  itself will  be  labor                                                              
saving.  Future cost increases depend  on how the law changes, but                                                              
information system  improvements should  dampen the need  for cost                                                              
increases.                                                                                                                      
                                                                                                                                
Number 0805                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SMALLEY commented  that there is  a great  deal of                                                              
difference between an  arrest and a conviction.   He mentioned the                                                              
book 1984 and said he saw this fear of "Big Brother" out there.                                                               
                                                                                                                                
MR. BISCHOFF replied that the key  to managing [that fear] and the                                                              
individual's  right  to privacy  -  which is  in  statute and  the                                                              
constitution at both the state and  national levels - is carefully                                                              
considered by the compact.  People  have the right to privacy, but                                                              
what does the  Division of Family and Youth Services  (DFYS) do if                                                              
a person  has four arrests  and no conviction?   He  suggested the                                                              
way to guard  against the scenario  is to establish a body  of law                                                              
that the legislature  passes giving the [DFYS]  division access to                                                              
private  information.   The [DFYS]  division should  only use  the                                                              
information for  the purpose intended  and not disseminate  it for                                                              
any other reason.                                                                                                               
                                                                                                                                
MR. BISCHOFF commented  that the [DFYS] division has  to adopt its                                                              
own statutes  or regulations  that govern that  use.   He believes                                                              
information   control  should  be   governed  through   regulatory                                                              
agencies in  order to make  sure that violations  or inappropriate                                                              
release of information  does not happen and, if it  does, there is                                                              
a penalty.   He reiterated that  his department operates  under AS                                                              
12.62 and there are penalties for inappropriate release.                                                                        
                                                                                                                                
Number 0615                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA   asked  if  the  FBI   currently  tracks                                                              
acquittals or accusations.                                                                                                      
                                                                                                                                
MR. BISCHOFF  answered that the  FBI gets whatever  the department                                                              
provides to  them.  For example,  when the department  receives an                                                              
arrest from the Anchorage Police  Department (APD), the APD enters                                                              
that information  through  its system  and it  comes to the  DPS's                                                              
system.   Hopefully,  the arrested  person is  taken to a  booking                                                              
facility where fingerprint  cards are taken.  Next,  he added, the                                                              
fingerprint  cards  are  sent  to   his  department  so  that  the                                                              
department can confirm the identity  of that individual and update                                                              
the  criminal subsystem  for the  booking portion.   Assuming  all                                                              
that information is  complete, then an electronic  message is sent                                                              
to the  FBI to  update its  national system;  if  the person  is a                                                              
first-timer, a  fingerprint card  is sent to  the FBI also.   Then                                                              
later,  going   through  the  judicial  process,   the  department                                                              
receives  court judgments  in hard-copy  form,  which are  entered                                                              
into the  [state electronic]  system and [sent]  on to the  FBI to                                                              
update its records.                                                                                                             
Number 0495                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  directed attention to page  4, Section 6,                                                              
lines 13-17,  saying it looks  like the department  would receive,                                                              
under the  compact, reports  and accusations.   She asked  whether                                                              
that broadens HB 292.                                                                                                           
                                                                                                                                
MR. BISCHOFF replied  that Section 6 was a definition  to describe                                                              
what determines criminal justice actions.                                                                                       
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  if  this is  information that  the                                                              
department would receive.                                                                                                       
                                                                                                                                
MR. BISCHOFF replied in the affirmative.                                                                                        
                                                                                                                                
REPRESENTATIVE  KERTTULA  asked if  the department  could  receive                                                              
information about accusations.                                                                                                  
                                                                                                                                
Number 0382                                                                                                                     
                                                                                                                                
MR. BISCHOFF  answered that he did  not see the  word "accusation"                                                              
in [Section 6].  However, an "accused  person" is a person who has                                                              
been arrested  for a crime, so there  would have to be  a specific                                                              
arrest and fingerprint card to support that.                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA said [Section  6] also says that "criminal                                                              
justice"  includes activities  relating  to the  detection ...  of                                                              
accused persons" and she wonders  how that will work under HB 292.                                                              
MR.  BISCHOFF  replied  that  primarily   that  would  be  through                                                              
biometric identification, principally fingerprints.                                                                             
                                                                                                                                
Number 0309                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN quoted  from Governor  Knowles' letter  dated                                                              
January  18, 2000,  to Speaker  Porter, as  follows:   "How do  we                                                              
achieve the delicate  balance when releasing  personal information                                                              
between individual  rights and  the need  to protect the  public?"                                                              
He  asked for  a definition  of "individual  rights"  and how  the                                                              
department carefully walks the fine line.                                                                                       
                                                                                                                                
MR.  BISCHOFF answered  that  he  had prepared  a  summary of  his                                                              
remarks and quoted as follows:  "House  Bill 292 does not:  change                                                              
who  has  access   to  criminal  justice  information,   state  or                                                              
national.   Requestors of  this information  will still  require a                                                              
basis authorized  in law to receive  this information."   In other                                                              
words, he stated,  unless the legislature gives  authorization for                                                              
release  of  information,  the department  will  not  release  the                                                              
information.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   OGAN  reiterated   that  individual  rights   are                                                              
guaranteed by  the Alaska State  Constitution but are  not defined                                                              
anywhere in  statute as far as he  knows.  He said he  believes in                                                              
the  fundamental  civil right  that  a  person is  innocent  until                                                              
proven guilty.   Consequently, a few areas in HB  292 trouble him.                                                              
For example, he directed attention  to page 4, line 2, relating to                                                              
definitions   of  the   compact,   and  quoted:      "identifiable                                                              
descriptions  and notations of  arrests, detentions,  indictments,                                                              
or  other formal  criminal charges,  and  any disposition  arising                                                              
therefrom,   including    acquittal,   sentencing,    correctional                                                              
supervision,  or   release  ...."    He  noted   that  sentencing,                                                              
correctional  supervision  or  release  means a  person  has  been                                                              
adjudicated,  now has  a record,  and  has been  proven guilty  of                                                              
something.   Nevertheless,  under HB  292 a  person is  considered                                                              
guilty just because  he/she has been arrested,  and Representative                                                              
Ogan  said he  feels paranoia  about the  government keeping  this                                                              
long  list  of  anybody  who has  ever  been  suspected  of  doing                                                              
anything.                                                                                                                       
                                                                                                                                
TAPE 00-17, SIDE A                                                                                                              
Number 0107                                                                                                                     
                                                                                                                                
MR.  BISCHOFF  replied that  the  only  information that  will  be                                                              
available through  this compact is  fingerprints, meaning  that an                                                              
arresting officer had  to have probable cause to  arrest a person,                                                              
take  them to  booking facilities  and  get his/her  fingerprints.                                                              
This procedure  is not based  upon speculation.   He noted  that a                                                              
standard has  to be  applied in order  to make  an entry  into the                                                              
system.   It  is  true  that not  all  arrested people  are  found                                                              
guilty, and  the record would  reflect the court  disposition, the                                                              
judgment of "not guilty."  Nationally,  he explained, all criminal                                                              
history systems  retain [the court  disposition] as a  valid piece                                                              
of criminal  history information.   Some states get a  little more                                                              
sophisticated for  employment and  licensing purposes in  terms of                                                              
sealing  the record.    He envisions  that  the legislature  could                                                              
consider sealing the  record at some later time,  after passing HB
292,  but  from   a  national  standpoint,  all   50  states  have                                                              
participated in  development of the  compact.  He  reiterated that                                                              
the department would not be notating  records with hearsay because                                                              
the standard  for HB  292 is  fingerprint-based  in order for  the                                                              
department to positively identify an individual.                                                                                
                                                                                                                                
Number 0276                                                                                                                     
                                                                                                                                
CHAIR JAMES  said she resists  having people held  responsible for                                                              
something for which they were arrested  but not found guilty.  She                                                              
asked  if  there  has  ever been  an  instance  when  someone  was                                                              
arrested because of wrong identification.                                                                                       
                                                                                                                                
MR.  BISCHOFF responded  that in  Alaska  there are  approximately                                                              
300,000  criminal records,  and nationally  there are 55  million.                                                              
When  discussing numbers  like this,  there  has to  have been  an                                                              
occasion where  a misidentification has been made.   Nevertheless,                                                              
the opportunity in a court proceeding  is to require verification,                                                              
a new set of  fingerprints if that is how the  connection is being                                                              
made.  He commented  that there is a path during  the adjudication                                                              
process to clear oneself of misidentification,  and the department                                                              
has had  instances where  relatives  - brothers  - have used  each                                                              
others'  identifications in  order to protect  their own  records.                                                              
He mentioned  that fingerprints are  desirable because  people use                                                              
aliases, and the only thing that  can bring 14 aliases together to                                                              
one  person  is  a  common  set  of  fingerprints.    Fingerprints                                                              
uniquely identify  the person just as deoxyribonucleic  acid (DNA)                                                              
does.                                                                                                                           
                                                                                                                                
Number 0490                                                                                                                     
                                                                                                                                
CHAIR  JAMES said  she was  referring to  actual skirmishes  where                                                              
everyone is arrested and it turns  out that some in the group were                                                              
victims  as  opposed  to  being  perpetrators  -  instances  where                                                              
victims  had  been  arrested  but   were  released  because  their                                                              
innocence had been proven.                                                                                                      
                                                                                                                                
Number 0547                                                                                                                     
                                                                                                                                
MR. BISCHOFF replied  that the only way a criminal  record will be                                                              
updated in  accordance with the standards  set by this  compact is                                                              
if someone  is arrested and a  fingerprint card is submitted.   In                                                              
the rare  instance where  the preponderance  of evidence  is clear                                                              
that  this person  was a  passive  bystander not  involved in  the                                                              
skirmish,  an  appeal  [for  dismissal]   has  been  made  to  the                                                              
commissioner of the  DPS.  He informed the committee  that the DPS                                                              
gives  the  appeal  to  the Department  of  Law  for  review,  and                                                              
subsequently  the  DPS  is  directed  to purge  the  record.    He                                                              
reiterated that AS 12.62 speaks to that issue.                                                                                  
                                                                                                                                
REPRESENTATIVE OGAN  commented that in Mr. Bischoff's  overview of                                                              
HB  292 it  says that  this  information will  be  used for  civil                                                              
purposes.     Representative   Ogan  said   he  could   understand                                                              
justification in using electronic  information for police officers                                                              
to protect themselves  from dangerous people, but he  does not see                                                              
justification for making all that  information available for civil                                                              
purposes, including   [background  checks relating to]  members of                                                              
the  Bar [Alaska  Bar  Association],  the Alaska  Securities  Act,                                                              
assisted  living homes,  certification  of  teachers, child  care,                                                              
collection  agencies,  housing, school  bus  drivers and  hospital                                                              
security guards.   He concluded  that the legislature  should just                                                              
pass a  bill called  "The Omnibus  Save Ourselves from  Ourselves"                                                              
and give the administration the authority  to pass a regulation on                                                              
anything  by which  people  might  hurt themselves.    He said  he                                                              
foresees that  this is where society  is going, and  citizens have                                                              
constitutional protections  against things  like that.   He agreed                                                              
that  if  someone  has  been  adjudicated  and  been  through  the                                                              
process,  then  it  is  relevant  to HB  292;  otherwise,  HB  292                                                              
violates  at  least  the  spirit of  the  constitution  and  civil                                                              
rights.                                                                                                                         
                                                                                                                                
Number 0763                                                                                                                     
                                                                                                                                
MR. BISCHOFF  answered that the  examples that he  had illustrated                                                              
are  current Alaska  law  that  the legislature  has  specifically                                                              
authorized   and  determined   a  public   need  for,  to   screen                                                              
individuals.    If  the legislature  believes  that  the  statutes                                                              
continue to  be necessary,  it would follow  that the  state would                                                              
like to do a  complete, thorough check within  reason; the compact                                                              
allows the department to do this  under common national standards.                                                              
He  reminded  the  committee  that the  department  is  not  doing                                                              
anything differently than the legislature  envisioned but is doing                                                              
a better job.                                                                                                                   
                                                                                                                                
Number 0854                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  remarked  that sexual  offenders  have  been                                                              
adjudicated and convicted, and that  is his point.  He quoted from                                                              
page 6, Article II(1), lines 20-22,  as follows:  "provide a legal                                                              
framework  for the  establishment of  a cooperative  federal-state                                                              
system for the  interstate and federal-state exchange  of criminal                                                              
history  records  for noncriminal  justice  uses".   He  mentioned                                                              
those civil uses  he had just described and said  that is where he                                                              
has problems  with HB  292.   He further  commented that  page 11,                                                              
Article VI(1),  requires that the  legislature appoint  someone to                                                              
the council.   Therefore, he indicated,  the fiscal note  is wrong                                                              
and should reflect the cost of fulfilling  Article VI, which says,                                                              
"each party state shall appoint a  Compact officer who shall ...."                                                              
He emphasized  that he  is tired  of the administration  producing                                                              
bills  with  zero  fiscal  notes  to  avoid  a  Finance  Committee                                                              
referral.                                                                                                                       
                                                                                                                                
MR.  BISCHOFF responded  to the  fiscal note  issue by  explaining                                                              
that since the  mid-1960s the department has employed  a person to                                                              
perform the equivalent function called  a Control Terminal Officer                                                              
that  is associated  with the  Legacy system,  the national  crime                                                              
information  center.    This  same person  will  perform  the  job                                                              
required by HB  292 because it is just relabeling  and modernizing                                                              
an existing system.                                                                                                             
Number 0989                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  directed attention  to page 13, line  29, and                                                              
quoted:   "Nothing in  this Compact shall  diminish or  lessen the                                                              
obligations, responsibilities, and  authorities of any state ...."                                                              
Representative  Ogan said  he  has seen  similar  language in  the                                                              
Alaska  National Interest  Lands  Conservation  Act (ANILCA),  yet                                                              
these saving  clauses  are not worth  the paper  they are  written                                                              
upon.                                                                                                                           
                                                                                                                                
CHAIR JAMES announced that HB 292 would be held over.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 1146                                                                                                                     
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
State Affairs  Standing  Committee meeting  was adjourned  at 9:55                                                              
a.m.                                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects