04/04/2017 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB18 | |
| HB8 | |
| SJR4 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 18 | TELECONFERENCED | |
| += | HB 8 | TELECONFERENCED | |
| += | SJR 4 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 4, 2017
3:31 p.m.
MEMBERS PRESENT
Senator Click Bishop, Chair
Senator Anna MacKinnon
Senator Bert Stedman
Senator Berta Gardner
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
HOUSE BILL NO. 18
"An Act relating to race classics."
- HEARD & HELD
HOUSE BILL NO. 8
"An Act relating to protective orders."
- MOVED SCS HB 8(CRA) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 4
Urging the Alaska Congressional delegation to introduce bills to
provide for the exemption of legally acquired walrus, mammoth,
and mastodon ivory from laws that ban the sale, use, and
possession of ivory.
- MOVED SJR 4 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 18
SHORT TITLE: RACE CLASSICS
SPONSOR(s): REPRESENTATIVE(s) ORTIZ
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) L&C, FIN
01/30/17 (H) L&C AT 3:30 PM BARNES 124
01/30/17 (H) Heard & Held
01/30/17 (H) MINUTE(L&C)
02/03/17 (H) L&C AT 3:15 PM BARNES 124
02/03/17 (H) Moved HB 18 Out of Committee
02/03/17 (H) MINUTE(L&C)
02/06/17 (H) L&C RPT 6DP 1NR
02/06/17 (H) DP: STUTES, WOOL, JOSEPHSON, BIRCH,
KNOPP, KITO
02/06/17 (H) NR: SULLIVAN-LEONARD
02/10/17 (H) FIN REFERRAL WAIVED
02/13/17 (H) TRANSMITTED TO (S)
02/13/17 (H) VERSION: HB 18
02/15/17 (S) READ THE FIRST TIME - REFERRALS
02/15/17 (S) CRA, L&C
03/28/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/28/17 (S) Heard & Held
03/28/17 (S) MINUTE(CRA)
04/04/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: HB 8
SHORT TITLE: ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS
SPONSOR(s): REPRESENTATIVE(s) EDGMON
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) CRA, JUD
01/31/17 (H) CRA AT 8:00 AM BARNES 124
01/31/17 (H) Moved HB 8 Out of Committee
01/31/17 (H) MINUTE(CRA)
02/01/17 (H) CRA RPT 5DP 1NR
02/01/17 (H) DP: TALERICO, WESTLAKE, DRUMMOND,
PARISH, FANSLER
02/01/17 (H) NR: RAUSCHER
02/08/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/08/17 (H) Heard & Held
02/08/17 (H) MINUTE(JUD)
02/13/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/13/17 (H) Heard & Held
02/13/17 (H) MINUTE(JUD)
02/15/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/15/17 (H) Moved HB 8 Out of Committee
02/15/17 (H) MINUTE(JUD)
02/17/17 (H) JUD RPT 4DP 2NR
02/17/17 (H) DP: KOPP, KREISS-TOMKINS, FANSLER,
CLAMAN
02/17/17 (H) NR: EASTMAN, REINBOLD
03/06/17 (H) TRANSMITTED TO (S)
03/06/17 (H) VERSION: HB 8
03/08/17 (S) READ THE FIRST TIME - REFERRALS
03/08/17 (S) CRA, JUD
03/16/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/16/17 (S) Heard & Held
03/16/17 (S) MINUTE(CRA)
03/21/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/21/17 (S) Scheduled but Not Heard
03/28/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/28/17 (S) Heard & Held
03/28/17 (S) MINUTE(CRA)
04/04/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SJR 4
SHORT TITLE: AK LEGALLY ACQUIRED IVORY USE EXEMPTION
SPONSOR(s): SENATOR(s) OLSON
02/01/17 (S) READ THE FIRST TIME - REFERRALS
02/01/17 (S) CRA, RES
03/28/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/28/17 (S) Heard & Held
03/28/17 (S) MINUTE(CRA)
04/04/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
ELISA COSNI, Policy Specialist
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Commented on HB 18.
NANCY MEADE, General Council
Administrative Staff
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Commented on HB 18.
SENATOR DONNY OLSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 4.
ACTION NARRATIVE
3:31:38 PM
CHAIR CLICK BISHOP called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:31 p.m. Present
at the call to order were Senators MacKinnon, Stedman, and Chair
Bishop.
HB 18-RACE CLASSICS
3:32:18 PM
CHAIR BISHOP announced consideration of HB 18, sponsored by
Representative Ortiz.
3:32:35 PM
SENATOR MACKINNON offered Amendment 1.
30-LS0199\A.2
Martin
4/3/17
AMENDMENT 1
OFFERED IN THE SENATE
TO: HB 18 BY SENATOR MACKINNON
Page 1, lines 4 - 10:
Delete all material and insert:
"(40) "race classic" means a game of chance
where prizes are awarded for the closest guess or
guesses of the official winning times of a human race
or races [, AND IS LIMITED TO THE MT. MARATHON RACE
CLASSIC OPERATED AND ADMINISTERED BY THE SEWARD
CHAMBER OF COMMERCE CONVENTION AND VISITORS' BUREAU];"
CHAIR BISHOP objected for discussion purposes.
SENATOR MACKINNON explained that Amendment 1 proposes to limit
the number of bills coming before the legislature on selecting
winners and losers on games of chance for guessing about the
winning times of a human race or races. On page 1, lines 4-10,
deletes all materials and inserts the above language.
3:34:38 PM
She didn't think there was any harm in deleting having each
community having to come forward and go through this process.
3:35:10 PM
REPRESENTATIVE ORTIZ, sponsor of HB 18, said he appreciates the
intent of the amendment and the concerns that it addresses, but
her amendment just addresses race classics. He also went back
and looked into the record and a legislative body hadn't been
presented with a request for sponsorship of a race classic since
1993. It's not something that comes before the committee or any
body of the legislature and occupies any amount of their time in
recent history.
3:36:05 PM
SENATOR GARDNER joined the committee.
REPRESENTATIVE ORTIZ said his concern with the amendment is that
it opens up the potential for anyone with a permit to be able to
piggyback on the event, which in this case is the Ketchikan
Chamber of Commerce sponsorship of this race. If this amendment
goes forward, there would be nothing to prevent another body,
either in close proximity to Ketchikan or not, to also sponsor a
gaming opportunity for their group on this particular event
using this particular permit, thereby diluting the potential
revenue that could come forward to the Ketchikan Chamber of
Commerce.
SENATOR MACKINNON said that while it is true that that
particular section of code has not been amended, there are over
49 different sections that she could go through if he wanted to
hold the bill.
REPRESENTATIVE ORTIZ said he appreciated that, but didn't see
the need. He said her concerns are about the broader list of
races and events that happen throughout the state and addressing
that broader issue would require a different bill. This
particular amendment addresses the race classics, specifically,
and her broader goals won't be achieved.
3:39:49 PM
CHAIR BISHOP set HB 18 aside until Thursday.
3:40:09 PM
At ease
HB 8-ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS
3:41:28 PM
CHAIR BISHOP called the meeting back to order and announced
consideration of HB 8, sponsored by Representative Edgmon.
Senator MacKinnon had an amendment when it was last considered.
SENATOR MACKINNON moved Amendment 1, version 30-LS0127\A.3
30-LS0127\A.3
Wallace
3/16/17
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR MACKINNON
TO: HB 8
Page 4, following line 22:
Insert a new bill section to read:
"* Sec. 8. AS 22.35.030 is amended to read:
Sec. 22.35.030. Publication of Records [RECORDS
CONCERNING CRIMINAL CASES RESULTING IN ACQUITTAL OR
DISMISSAL]. The Alaska Court System may not publish a
court record [OF A CRIMINAL CASE] on a publicly
available website
(1) in a criminal case if 60 days have
elapsed from the date of acquittal or dismissal and
(A) [(1)] the defendant was acquitted of
all charges filed in the case;
(B) [(2)] all criminal charges against the
defendant in the case have been dismissed and were not
dismissed as part of a plea agreement in another
criminal case under Rule 11, Alaska Rules of Criminal
Procedure;
(C) [(3)] the defendant was acquitted of
some of the criminal charges in the case and the
remaining charges were dismissed; or
(D) [(4)] all criminal charges against the
defendant in the case have been dismissed after a
suspended entry of judgment under AS 12.55.078;
(2) of a protective order under
AS 18.66.100 - 18.66.180, restraining order, or
injunction in a case involving domestic violence if
the publication would likely reveal the identity or
location of the party protected under the order."
Renumber the following bill sections accordingly.
CHAIR BISHOP objected for discussion purposes.
SENATOR MACKINNON explained that Amendment 1 aligns state
statute with federal statute with regards to protective orders
for victims of domestic violence. There are multiple
complications in complying with federal law, and HB 8 is not
supported by the Alaska Network on Domestic Violence and Sexual
Assault nor the Council on Domestic Violence and Sexual Assault
(CDVSA). The concern from agencies that advocate on behalf of
those affected by domestic violence believe that a perpetrator's
name should be in CourtView and available for the general public
to view.
3:43:21 PM
She said Nancy Meade from the court system suggested using the
word "petitioner", because otherwise the court would have to
take all records down from CourtView to be in compliance with
what this amendment proposes. The courts already do not show the
victim or the perpetrator on CourtView in light of agreements
Alaska has with other states. So, being put in an awkward
situation of advocating for something that is fair to everyone
under the eyes of the court or the law, Senator MacKinnon said
she believes this bill should advance to the Judiciary Committee
where it should have a robust conversation about what is
currently shown on CourtView.
SENATOR MACKINNON said 3,400 protection orders were issued in
the previous year, and she was told about 50 percent of those
who are seeking protective orders are denied, because the
reasons they give may not reach the threshold to actually
qualify. The concern she has with using the language the court
proposes - a petitioner - is that anyone can go to the court and
ask for a protective order and give a specific set of
circumstances, but the accused does not have any input into the
conversation at that time.
SENATOR MACKINNON said she does not support anyone who does
anything violent to any other person, but she has seen
individuals rush to the court house to get a protective order
when they are in a child custody case and the person who is
being accused of something in that order may or may not have
committed a crime. But their name is forever posted on CourtView
with very little way to have it removed. Sometimes an accused
can petition the court to have their name removed, but by only
taking the victim's (petitioner) name off, the accused is
sitting there with no rebuttal on the conversation. This is an
important conversation to have.
SENATOR MACKINNON said that those who are accused or those who
have had violence inflicted on them should be treated equitably
in the sense that they deserve consideration. This language
matches federal law, so she wanted this language to be submitted
to the Judiciary Committee for discussion. She would defer to
whatever they believe is the best for the people of Alaska.
3:47:19 PM
At ease
3:47:40 PM
CHAIR BISHOP called the meeting back to order and finding no
comments, invited Senator Gardner to speak.
SENATOR GARDNER asked if the sponsor of the amendment suggested
the CDVSA would support it.
SENATOR MACKINNON clarified that the CDVSA opposes the
amendment. Representatives from CDVSA want the victims' names
removed so that the victim would not be identified in their
community or elsewhere. She would like the accused names removed
if no crime has actually been proved in court. That is why she
is separating this a bit.
SENATOR GARDNER asked if any "nodders" in the audience wanted to
testify on record about this amendment.
CHAIR BISHOP asked again for public testimony.
3:49:38 PM
ELISA COSNI, Policy Specialist, Alaska Network on Domestic
Violence and Sexual Assault, Juneau, Alaska, said they are the
actual victim advocate service agencies across the state and
that she agreed with Senator Mackinnon's characterization of
their view of the amendment. From the victim advocate
perspective, they have two goals: one is to absolutely uphold
victim safety and the other is privacy. In certain cases, that
might require the victim making that decision: to be anonymous.
But the agency's experience is that opportunity is not clear to
the petitioner (the victim) even though it is in the
administrative rules. The other piece is the benefit of having
the protective orders on line and viewable by advocates and
shelters, so they are better able to hold the accused
accountable and being able to track them in that way. The
accused might have a history of domestic violence that maybe
wasn't prosecuted or prosecuted successfully, but oftentimes -
frequently - violence is perpetrated in cycles. So, her people
might have that kind of knowledge about this person.
CHAIR BISHOP closed public testimony on HB 8. He removed his
objection.
SENATOR GARDNER objected for more questions. She asked if the
protective order is not available on CourtView, to whom it is
available.
SENATOR MACKINNON replied law enforcement officers.
NANCY MEADE, General Counsel, Administrative Staff, Alaska Court
System, Anchorage, Alaska, answered they are removed from
CourtView, but they are not made confidential. And other than
being on the public version of CourtView, it is the same as any
other case. So, all protective orders are transmitted by the
court to Department of Public Safety (DPS) for posting within
ABSIN. Law Enforcement has access to the fact that there was a
protective order and people would be able to access those at the
court house in their paper form. The prohibition in the
amendment would say the court cannot post them on a publically
available Internet site, which is the CourtView that people look
at from their kitchens on their laptops.
SENATOR GARDNER removed her objection.
CHAIR BISHOP found no further objections and said Amendment 1
was adopted.
SENATOR MACKINNON moved HB 8, as amended, from committee with
individual recommendations and attached fiscal note.
CHAIR BISHOP announced that without objection, SCS HB 8(CRA)
moved from the Senate Community and Regional Affairs Standing
Committee.
3:54:36 PM
At ease
SJR 4-AK LEGALLY ACQUIRED IVORY USE EXEMPTION
3:56:34 PM
CHAIR BISHOP announced consideration of SJR 4. He said public
testimony was closed in the last hearing.
3:56:40 PM
At ease
3:57:21 PM
SENATOR DONNY OLSON, Alaska State Legislature, Juneau, Alaska,
sponsor of SJR 4, thanked the chair for hearing the resolution.
It supports local artists who use the byproducts of subsistence
hunting to create and sell handicrafts, and urges the federal
delegation to introduce legislation for the exemption of legally
acquired walrus, mammoth, narwhal, and mastodon ivory.
SENATOR MACKINNON said for the people who missed the public
hearing last week that the committee does take email or other
comments on legislative issues.
SENATOR MACKINNON moved to report SJR 4, version 30-LS0109\D,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR BISHOP announced that without objection, SJR 4 moved from
the Senate Community and Regional Affairs Standing Committee.
3:59:07 PM
CHAIR BISHOP, finding no other business to come before the
committee, adjourned the Senate Community and Regional Affairs
Committee meeting at 3:59 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SCSHB8(CRA).PDF |
SCRA 4/4/2017 3:30:00 PM |
HB 8 |
| SJR4-LEG-SESS-04-04-17.pdf |
SCRA 4/4/2017 3:30:00 PM |
SJR 4 |