Legislature(2007 - 2008)SENATE FINANCE 532

03/24/2008 09:00 AM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 214 HUNTING BY MEMBERS OF THE MILITARY TELECONFERENCED
Moved CSSB 214(FIN) Out of Committee
+ SB 234 CRIMINAL LAW/PROCEDURE: OMNIBUS BILL TELECONFERENCED
Heard & Held
+ SB 259 EFFECTIVE DATE: MEDICAL ASSISTANCE LAWS TELECONFERENCED
Moved SB 259 Out of Committee
+ SB 260 2008 REVISOR'S BILL TELECONFERENCED
Moved CSSB 260(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SENATE FINANCE COMMITTEE                                                                                      
                       March 24, 2008                                                                                           
                         9:16 a.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate  Finance Committee meeting                                                                   
to order at9:14:08 AM.                                                                                                        
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Charlie Huggins, Vice-Chair                                                                                             
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
Senator Fred Dyson                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Anne Carpeneti,  Assistant Attorney  General, Legal  Services                                                                   
Section-Juneau,  Criminal Division,  and  Department of  Law;                                                                   
Richard   Svobodny,   Deputy   Attorney   General,   Criminal                                                                   
Division,  Department   of  Law;   Pam  Finley,   Revisor  of                                                                   
Statutes,  Legislative Legal Counsel,  Legislative  Legal and                                                                   
Research  Services;  Karen Kurtz,  Assistant  Revisor,  Legal                                                                   
Services                                                                                                                        
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Andrew  Peterson,  Department   of  Law,  Office  of  Special                                                                   
Prosecutions;  James  Scott,   Assistant  District  Attorney,                                                                   
Ketchikan;   Lt  Rodney   Dial,   Lieutenant,  Alaska   State                                                                   
Troopers,  Ketchikan;  Robert  Fithian,  Executive  Director,                                                                   
Alaska Professional Hunters Association                                                                                         
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 234    "An Act  relating to the  crimes of assault  in the                                                                   
          fourth degree and of  resisting or interfering with                                                                   
          arrest; relating to  the determination of time of a                                                                   
          conviction;   relating   to   offenses   concerning                                                                   
          controlled  substances;  relating  to  issuance  of                                                                   
          search   warrants;   relating  to   persons   found                                                                   
          incompetent  to  stand  trial  concerning  criminal                                                                   
          conduct; relating  to probation and  to restitution                                                                   
          for   fish  and   game   violations;  relating   to                                                                   
          aggravating  factors  at  sentencing;  relating  to                                                                   
          criminal  extradition  authority  of the  governor;                                                                   
          removing  the  statutory   bar  to  prosecution  of                                                                   
          certain crimes;  amending Rule 37(b),  Alaska Rules                                                                   
          of  Criminal Procedure,  relating  to execution  of                                                                   
          warrants; and providing for an effective date."                                                                       
                                                                                                                                
          SB 234 was HEARD and HELD in Committee for further                                                                    
          consideration.                                                                                                        
                                                                                                                                
SB 214    "An   Act  relating   to   big   game  hunting   by                                                                   
          nonresident  members  of the  military service  and                                                                   
          their  dependents; and  providing for an  effective                                                                   
          date."                                                                                                                
                                                                                                                                
          CSSB 214 was REPORTED out of Committee with a "do                                                                     
          pass" recommendation  and one previously  published                                                                   
          fiscal note from the Department of Fish and Game.                                                                     
                                                                                                                                
SB 259    "An  Act repealing certain  provisions relating  to                                                                   
          applications   for  medical  assistance   coverage;                                                                   
          making  certain  provisions of  ch.  96, SLA  2006,                                                                   
          retroactive;  providing  for an  effective date  by                                                                   
          repealing an effective  date section in ch. 96, SLA                                                                   
          2006; providing  for an effective date  for certain                                                                   
          sections of ch. 96,  SLA 2006; and providing for an                                                                   
          effective date."                                                                                                      
                                                                                                                                
          SB 259 was REPORTED out of Committee with a "do                                                                       
          pass"    recommendation,   and   an    accompanying                                                                   
          previously   published   fiscal   notes  from   the                                                                   
          Department  of Health and  Social Services  and the                                                                   
          Legislative Affairs Agency.                                                                                           
                                                                                                                                
SB 260    "An Act making corrective  amendments to the Alaska                                                                   
          Statutes   as  recommended   by   the  revisor   of                                                                   
          statutes; and providing for an effective date.                                                                        
                                                                                                                                
          SB 260 (STA) was REPORTED out of Committee with a                                                                     
          "do   pass"  recommendation   and  an   accompaying                                                                   
          previously   published   fiscal   note   from   the                                                                   
          Legislative Affairs Agency.                                                                                           
                                                                                                                                
9:14:39 AM                                                                                                                    
                                                                                                                                
SENATE BILL NO. 234                                                                                                           
                                                                                                                                
     "An Act relating to the crimes  of assault in the fourth                                                                   
     degree  and of  resisting  or interfering  with  arrest;                                                                   
     relating to  the determination of time  of a conviction;                                                                   
     relating to  offenses concerning controlled  substances;                                                                   
     relating  to issuance  of search  warrants; relating  to                                                                   
     persons  found  incompetent  to stand  trial  concerning                                                                   
     criminal   conduct;  relating   to   probation  and   to                                                                   
     restitution  for fish and  game violations;  relating to                                                                   
     aggravating factors at sentencing;  relating to criminal                                                                   
     extradition  authority  of  the governor;  removing  the                                                                   
     statutory   bar  to  prosecution   of  certain   crimes;                                                                   
     amending   Rule   37(b),   Alaska  Rules   of   Criminal                                                                   
     Procedure,  relating  to   execution  of  warrants;  and                                                                   
     providing for an effective date."                                                                                          
                                                                                                                                
9:14:47 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  requested  an overview  of  the  Committee                                                                   
Substitute but pointed  out that the Committee  was without a                                                                   
quorum;  therefore,  the  Committee   Substitute  25-GS2038\K                                                                   
could not be adopted at this time.                                                                                              
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY  GENERAL, LEGAL  SERVICES                                                                   
SECTION-JUNEAU,  CRIMINAL DIVISION,  AND  DEPARTMENT OF  LAW,                                                                   
provided a sectional analysis  overview of SB 234.  She began                                                                   
with Sections  1 and  2 of  the bill  that requires  (copy on                                                                   
file):                                                                                                                          
                                                                                                                                
     a person  who lends  money on  secondhand articles  in a                                                                   
     municipality  with  over  5,000  residents  to  maintain                                                                   
     records in an electronic format.                                                                                           
                                                                                                                                
Ms. Carpeneti  explained that this would help  people recover                                                                   
stolen property. She informed  the Committee that a statewide                                                                   
reporting  proposal  is  available   for  consideration.  Ms.                                                                   
Carpeneti reported that Section 3 provides:                                                                                     
                                                                                                                                
     that  a person commits  assault in  the third  degree, a                                                                   
     class  C felony, if  the person  commits assault  in the                                                                   
     fourth degree  that is an  injury assault, and  has been                                                                   
     convicted  in the past  10 years of  two or  more crimes                                                                   
     against  the person that  are homicide, assault  (except                                                                   
     misdemeanor  fear assault)  stalking,  first and  second                                                                   
     degree sexual assault, or  first or second degree sexual                                                                   
     abuse.  Generally fourth  degree  assault is  a class  A                                                                   
     misdemeanor. Making  a third conviction of  this offense                                                                   
     a class  C felony  will help  stop the often  escalating                                                                   
     violence by persons who repeatedly harm other people.                                                                      
                                                                                                                                
AT EASE: 9:17:08 AM                                                                                                           
RECONVENED: 9:17:35 AM                                                                                                        
                                                                                                                                
Co-Chair  Stedman  confirmed  a  quorum now  existed  in  the                                                                   
Committee  and  requested a  motion  to adopt  the  committee                                                                   
substitute as a working document.                                                                                               
                                                                                                                                
Senator  Thomas  moved  to  ADOPT  Committee  Substitute  25-                                                                   
GS2038\K as a working document.                                                                                                 
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
Co-Chair  Stedman requested  that  Ms Carpeneti  address  the                                                                   
Committee Substitute changes.                                                                                                   
                                                                                                                                
9:18:48 AM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti   reviewed  the   changes  to  the   Committee                                                                   
Substitute\K starting with Page  6, lines 11-17. She informed                                                                   
the  Committee  that the  insertion  of  the new  Section  13                                                                   
allows for probation  to be imposed on a person  convicted of                                                                   
a violation  under Title 11 or  Title 16. She  explained that                                                                   
it  would allow  cases, which  can  be resolved  as either  a                                                                   
misdemeanor or  a violation, to  be charged with  a violation                                                                   
and  placed  on  probation.  Ms.   Carpeneti  continued  that                                                                   
Section  14, Page  6, line  18, clarifies  the definition  of                                                                   
aggravated assaultive  behavior for courts and  attorneys for                                                                   
an  aggravated   factoring  at   sentencing.  Ms.   Carpeneti                                                                   
reported  that Section  15 assists  attorneys  and courts  in                                                                   
sentencing felons  with prior convictions for  sexual assault                                                                   
or sexual  abuse of minors.  The addition of  18(B) clarifies                                                                   
that the  aggravating factor  may be  litigated to  the court                                                                   
without  a  jury  since  it  is   based  on  a  prior  felony                                                                   
conviction. Ms.  Carpeneti remarked that Section  17, Page 7,                                                                   
allows the court to order restitution  in the amounts already                                                                   
scheduled in  law for a person  who takes the  listed animals                                                                   
for any violation of Title 16.                                                                                                  
                                                                                                                                
9:21:58 AM                                                                                                                    
                                                                                                                                
ANDREW  PETERSON,  DEPARTMENT   OF  LAW,  OFFICE  OF  SPECIAL                                                                   
PROSECUTIONS testified via teleconference  and explained that                                                                   
the current  Section 17, AS  16.05.925 allows that  the state                                                                   
can  process  most  Fish  and   Game  offenses  as  either  a                                                                   
misdemeanor or a violation. When  the offense is reduced to a                                                                   
violation,  the   court,  at   this  time,  can   not  impose                                                                   
restitution.  Mr. Peterson  revealed  that  the change  would                                                                   
make  the  statutory  provision consistent  with  many  other                                                                   
statutes in Title  16, allowing the court  impose restitution                                                                   
up  to  the  amount  recommended   by  the  Legislature.  Mr.                                                                   
Peterson  believed this  will  help the  state resolve  cases                                                                   
pretrial and  give the state  the option of reducing  charges                                                                   
from a  misdemeanor to  a violation, but,  at the  same time,                                                                   
receive  the   same  monetary  benefit   as  if  it   were  a                                                                   
misdemeanor.                                                                                                                    
                                                                                                                                
9:25:14 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  WITHDREW  his OBJECTION.  There  being  NO                                                                   
further  OBJECTION,  Committee   Substitute  25-GS2038\K  was                                                                   
adopted as a working document.                                                                                                  
                                                                                                                                
Ms. Carpeneti reviewed Section 3 for the Committee.                                                                             
                                                                                                                                
9:26:00 AM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti  continued  that  Section 4  is  a  conforming                                                                   
provision  to clarify that  a conviction  occurs on  the date                                                                   
that the  sentence is  imposed. She  remarked that  Section 5                                                                   
was  added to  the Senate  Judiciary version  in response  to                                                                   
problems of theft  in the larger stores. People  have entered                                                                   
the large stores  with containers or carts,  filled them with                                                                   
merchandize,  and then  walked  out the  door. Under  current                                                                   
law, security  personnel and store  staff can only  ask about                                                                   
merchandize that is hidden on the person. This would allow:                                                                     
                                                                                                                                
     for   a  peace  officer   or  owner   of  a   commercial                                                                   
     establishment to  detain a person for a  reasonable time                                                                   
     if there  is probable  cause to  believe the person  has                                                                   
     committed  or   attempted  to  commit  theft   from  the                                                                   
     establishment.                                                                                                             
                                                                                                                                
9:27:39 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   reminded  the  Committee  that   the  new                                                                   
Committee Substitute was just obtained that morning.                                                                            
                                                                                                                                
9:27:53 AM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti   continued  that  Section  6,   a  conforming                                                                   
amendment,  addresses   when  a   theft  occurs   with  prior                                                                   
convictions it would clarify that:                                                                                              
                                                                                                                                
     when a theft  offense is enhanced one level  because the                                                                   
     defendant has two prior thefts  within five years of the                                                                   
     new crime,  a prior  conviction occurs  on the  date the                                                                   
     defendant was sentenced for the theft.                                                                                     
                                                                                                                                
Ms. Carpeneti signified that Section  7 adds three substances                                                                   
to Schedule 4 which:                                                                                                            
                                                                                                                                
     adds carisprodol  (commonly called Soma and  listed as a                                                                   
     controlled substance  in 17 states),  zolpidem (commonly                                                                   
     called Ambien  and listed as a Schedule  IV substance in                                                                   
     the federal  schedule), and  zopiclone (commonly  called                                                                   
     Lunesta  and listed as  a Schedule  IV substance  in the                                                                   
     federal schedules)  to Alaska's schedules  of controlled                                                                   
     substances. The  substances would be listed  in Schedule                                                                   
     IVA. These  prescription drugs have been  widely abused,                                                                   
     and have been found by law  enforcement to be present in                                                                   
     drivers who are impaired.                                                                                                  
                                                                                                                                
Ms. Carpeneti explained that Section 8 clarifies:                                                                               
                                                                                                                                
     that  a court may  issue a  search warrant for  property                                                                   
     located  outside  the  state.  The issue  of  a  court's                                                                   
     authority  out  of  state  has arisen  in  white  collar                                                                   
     investigations  where the state seeks  stored electronic                                                                   
     information. Companies  that store this  information are                                                                   
     willing  to provide  it if  law  enforcement presents  a                                                                   
     search warrant  for it. This  will clarify that  a court                                                                   
     may issue a warrant to obtain this information.                                                                            
                                                                                                                                
Ms. Carpeneti continued that Section 9 allows:                                                                                  
                                                                                                                                
     a judicial  officer to issue  a search warrant  over the                                                                   
     telephone  or  other  electronic  means  in  all  cases.                                                                   
     Alaskans  rely on  the  telephone  and other  electronic                                                                   
     communication in  the important affairs of  their lives.                                                                   
     Law enforcement  should not  have to drive  or fly  to a                                                                   
     judicial  officer for a  search warrant when  electronic                                                                   
     means  are available  for the court  to fairly  evaluate                                                                   
     the evidence.                                                                                                              
                                                                                                                                
9:29:38 AM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti remarked  that before  obtaining a  telephonic                                                                   
search  warrant  under  current  law, the  property  must  be                                                                   
subject  to  being  lost  or  destroyed.  She  asserted  that                                                                   
traveling  to obtain  these  in person  involves  a waste  of                                                                   
resources. Sections  10-12, Sections 14-15, and  Sections 18-                                                                   
19 attempts  to tighten  up the provisions  for a  person who                                                                   
has  been charged  with  a felony  but  who  have been  found                                                                   
incompetent to  be tried. She stressed that  such individuals                                                                   
can be  dangerous  and after being  housed  in a hospital  or                                                                   
jail  for  a period  of  time  are often  released  into  the                                                                   
community  with  no prior  notice  to the  prosecution.  This                                                                   
would require a person:                                                                                                         
                                                                                                                                
     charged  with  a  felony  and found  incompetent  to  be                                                                   
     evaluated   for  commitment   and   treatment.  If   the                                                                   
     defendant  remains  incompetent   after  one  year  (for                                                                   
     persons  charged   with  crimes  involving   forces  and                                                                   
     presenting  a substantial dangers  to others),  the bill                                                                   
     would  require  that  civil   commitment  proceeding  be                                                                   
     considered.  A person found  incompetent to  proceed may                                                                   
     be  released   from  the   hospital;  the   professional                                                                   
     authorizing  the  release must  give  at  least 10  days                                                                   
     notice to  the prosecution.  This notice will  allow the                                                                   
     prosecution  time to  reinstate  charges if  appropriate                                                                   
     under the  circumstances, and also give  law enforcement                                                                   
     forewarning  that the  person will  be returning  to the                                                                   
     community.                                                                                                                 
                                                                                                                                
9:32:23 AM                                                                                                                    
                                                                                                                                
Senator Thomas  requested clarification on the  sequence when                                                                   
there is the arrest.                                                                                                            
                                                                                                                                
9:33:09 AM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti  remarked  that  the  courts  start  with  the                                                                   
presumption that the defendant  is competent to be tried, but                                                                   
if they  are found  to not understand  the proceedings  or be                                                                   
able to  help their attorney  in the defense,  the individual                                                                   
is  held  for a  period  of  time  to try  and  reverse  this                                                                   
incompetence, either  through medication or  treatment. After                                                                   
a certain  period of  time they are  held in connection  with                                                                   
the  criminal  charge or  continual  holding  of that  person                                                                   
must, proceed with civil commitment procedures.                                                                                 
                                                                                                                                
9:34:01 AM                                                                                                                    
                                                                                                                                
Senator   Thomas  remarked   that   the  normal   arrangement                                                                   
procedure goes forward  then it could be determined  they are                                                                   
not competent. Ms. Carpeneti remarked  that there would be an                                                                   
evidentiary  hearing and  the  judge would  determine if  the                                                                   
individual was competent to be tried.                                                                                           
                                                                                                                                
9:34:31 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti  referred to Section  16 which would  allow the                                                                   
Governor  to delegate  the extradition  authority to  the Lt.                                                                   
Governor or the  head of one of the principle  departments in                                                                   
the executive  branch. At this  time, the Governor  signs all                                                                   
extradition requests.                                                                                                           
                                                                                                                                
Co-Chair  Stedman   requested  an  explanation   on  why  the                                                                   
Governor would want to delegate this authority.                                                                                 
                                                                                                                                
9:35:58 AM                                                                                                                    
                                                                                                                                
RICHARD   SVOBODNY,   DEPUTY   ATTORNEY   GENERAL,   CRIMINAL                                                                   
DIVISION,  DEPARTMENT OF  LAW explained  that extradition  is                                                                   
the one  of two rights  granted to the  states by  the United                                                                   
States  Constitution and  the  governors in  each state  make                                                                   
these decisions.  Alaska is only state where  the governor is                                                                   
required  to sign each  extradition order;  all other  states                                                                   
delegate  this  role.  He thought  the  change,  if  adopted,                                                                   
should be prepared through a statute.                                                                                           
                                                                                                                                
9:37:29 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti  continued that  Sections 18-19 are  provisions                                                                   
dealing  with   the  discharge  of  an  individual   from  an                                                                   
institution.  This would require  the institution  holding an                                                                   
individual  in  connection  with   a  crime,  to  notify  the                                                                   
prosecuting   authority   ten   days  in   advance   of   the                                                                   
individual's release.  She explained that Sections  20-21 are                                                                   
conforming repealers dealing with  telephonic search warrants                                                                   
and the prohibition of the state  from prosecuting a crime if                                                                   
the individual has already been  prosecuted for that same act                                                                   
by the federal government.                                                                                                      
                                                                                                                                
9:39:46 AM                                                                                                                    
                                                                                                                                
Mr. Svobodny  offered a recent  experience when the  State of                                                                   
Alaska  tried  to  reach  a resolution  in  a  criminal  case                                                                   
against  British  Petroleum  for pipeline  corrosion  on  the                                                                   
North Slope. The  federal government said they  were going to                                                                   
resolve  the  case  and  Alaska   must  join  and  after  the                                                                   
resolution, Alaska,  under its own  law, could not  bring its                                                                   
own case against the company.                                                                                                   
                                                                                                                                
9:40:51 AM                                                                                                                    
                                                                                                                                
Senator  Elton asked  if the  state files  charges first  and                                                                   
then  the  federal  government  comes  in,  would  the  state                                                                   
charges go away.                                                                                                                
                                                                                                                                
9:41:31 AM                                                                                                                    
                                                                                                                                
Mr. Svobodny  responded that the  law in Alaska is  not clear                                                                   
on this issue, whether it is the  first in the courtroom door                                                                   
or the  first to  judgment. Ms.  Carpeneti  said there  is no                                                                   
prohibition  for the  federal  government to  file their  own                                                                   
charges after the state.                                                                                                        
                                                                                                                                
9:41:59 AM                                                                                                                    
                                                                                                                                
Senator  Thomas  asked  for  clarification  if  the  referred                                                                   
British Petroleum  case was the  case where a  plea agreement                                                                   
was reached in  Chicago this year. Mr. Svobodny  replied that                                                                   
it was  not, the referenced  case was  from the spill  on the                                                                   
North Slope in March 2006.                                                                                                      
                                                                                                                                
9:42:39 AM                                                                                                                    
                                                                                                                                
Senator  Elton questioned  that if these  provisions  are not                                                                   
repealed  could the  state  get into  a  situation where  the                                                                   
state  files  first,  then  the   federal  government  files,                                                                   
prompting  the  party  to settle  quickly  with  the  federal                                                                   
government  leaving out  the State  of  Alaska. Mr.  Svobodny                                                                   
agreed. Ms. Carpeneti stressed  that this provision would not                                                                   
allow the state  to cross into a different  municipalities to                                                                   
prosecute the same act or smaller crimes twice.                                                                                 
                                                                                                                                
9:44:28 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti referred  to Section 22 which  extends the time                                                                   
to return  a search warrant with  inventory from ten  days to                                                                   
thirty days from  the date of issuance. She  revealed that in                                                                   
longer prosecutions and investigations,  ten days is not long                                                                   
enough.  She   stressed  that  the  courts  have   been  very                                                                   
cooperative in extending the search  warrants, but it is more                                                                   
expeditious  to change  in the law.  Ms. Carpeneti  explained                                                                   
that Section 23,  involving third time assault  in the fourth                                                                   
degree,  would  be  under  these   applicability  provisions,                                                                   
prospective,  and  those  with  multiple  assaults  on  their                                                                   
record, would be  able to start under this bill  with a clean                                                                   
slate.                                                                                                                          
                                                                                                                                
9:45:38 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  requested  a  return to  Section  8  which                                                                   
authorizes  a  judge  to issue  search  warrants  outside  of                                                                   
Alaska. He  wondered how  this would work  and if a  judge in                                                                   
another state would honor this request.                                                                                         
                                                                                                                                
9:46:09 AM                                                                                                                    
                                                                                                                                
Mr. Svobodny  responded that another  state does not  have to                                                                   
comply with  the search  warrant issued by  a judge  from the                                                                   
State of  Alaska, but it gives  the state the ability  to ask                                                                   
if they  will comply. There  are many serious  offenses, such                                                                   
as,  kidnapping,  sexual  assault,  child  pornography  where                                                                   
subpoenas are honored in other states.                                                                                          
                                                                                                                                
9:48:16 AM                                                                                                                    
                                                                                                                                
Senator Elton  referred to Sections  5 and 6. He  agreed that                                                                   
Section 5 closes a large loophole  for theft but wondered why                                                                   
in Section  6, which  provides the  court shall consider  the                                                                   
date  of a  prior conviction;  the state  is prosecuting  the                                                                   
crime of  concealment  under AS 11.46.220(c)  and not  giving                                                                   
the same power under AS 11.46.230(a) where it was amended.                                                                      
                                                                                                                                
9:49:12 AM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti  inquired if  Senator  Elton wanted  to  amend                                                                   
Section 6.  Senator Elton agreed.  Ms. Carpeneti  replied she                                                                   
would  reassess this  section.  Section 6  in the  bill is  a                                                                   
conforming  amendment  when a  conviction  happens that  only                                                                   
applies when your third crime in five years is enhanced.                                                                        
                                                                                                                                
9:50:41 AM                                                                                                                    
                                                                                                                                
Senator  Thomas referred  to Section  7 and  wondered if  the                                                                   
drugs   listed  were   in  a  numerical   ordering   of  just                                                                   
prescription  drugs or the  list of all  drugs that  would be                                                                   
considered impairing. Ms. Carpeneti  replied that the numbers                                                                   
represented the end of the list  of Schedule 4(a) of the drug                                                                   
schedules.                                                                                                                      
                                                                                                                                
9:51:24 AM                                                                                                                    
                                                                                                                                
Senator Huggins referred to Section  16(b) where it states "a                                                                   
principal department in the executive  branch" and questioned                                                                   
if someone from  the Department of Transportation  could sign                                                                   
an eradication order.  Ms. Carpeneti agreed that  was the way                                                                   
it was  drafted. Senator Huggins  believed this did  not seem                                                                   
logical.  Ms.  Carpeneti said  it  could  be changed  to  the                                                                   
Office of  Public Safety or  the Department of  Law. Co-Chair                                                                   
Stedman  agreed that  work was  needed to  revise who  should                                                                   
have the extradition authority.                                                                                                 
                                                                                                                                
9:52:48 AM                                                                                                                    
                                                                                                                                
JAMES   SCOTT,   ASSISTANT   DISTRICT   ATTORNEY,   KETCHIKAN                                                                   
testified  via teleconference  and acknowledged  that he  was                                                                   
available  to speak  on how  Alaska deals  with the  criminal                                                                   
cases  found in  Sections 10,  11,  14, 15  of the  Committee                                                                   
Substitute. He related an incompetency case in Sitka.                                                                           
                                                                                                                                
9:54:44 AM                                                                                                                    
                                                                                                                                
LT RODNEY DIAL, LIEUTENANT, ALASKA  STATE TROOPERS, KETCHIKAN                                                                   
testified  via  teleconference  in  support  of  SB  234.  He                                                                   
believed some important sections  dealt with search warrants,                                                                   
especially  when   investigating  computer  crimes   and  for                                                                   
troopers  located  near  the Canadian  border.  The  troopers                                                                   
commended  the  sections  that  expand  the  ability  of  law                                                                   
enforcement    officers    to    obtain    search    warrants                                                                   
telephonically.  He  acknowledged that  obtaining  telephonic                                                                   
search  warrants would  not lower the  standards; however  it                                                                   
would prove more efficient in time and money.                                                                                   
                                                                                                                                
9:56:37 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman summarized the  six fiscal notes attached to                                                                   
the  bill. He  had  some concerns  why  the Public  Defenders                                                                   
Agency needed to  hire three new full time  positions and the                                                                   
Department of Law asked for one new position.                                                                                   
                                                                                                                                
9:57:51 AM                                                                                                                    
                                                                                                                                
Mr. Svobodny  addressed  the Department  of Law's request  by                                                                   
stating  that felony  assault  cases take  up  more time  and                                                                   
money and the department anticipates  more cases dealing with                                                                   
child enticement and child pornography.                                                                                         
                                                                                                                                
10:00:02 AM                                                                                                                   
                                                                                                                                
Ms.  Svobodny   commented  further  on  the   search  warrant                                                                   
provisions. He  affirmed that  the Fourth Amendment  protects                                                                   
all  United  States citizens  from  unreasonable  search  and                                                                   
seizures. He stressed that all  cases for search warrants are                                                                   
reviewed  by  a  judge  to ascertain  if  a  crime  has  been                                                                   
committed. Mr.  Svobodny clarified  that Section 8  shows the                                                                   
court the authority  exists "to issue a search  warrant for a                                                                   
place or property located either  in the state or outside the                                                                   
state." He  believed that as  technology keeps  advancing the                                                                   
courts will  be looking more  into electronic  evidence which                                                                   
is often located outside of Alaska.  He explained the process                                                                   
for obtaining a search warrant  in Alaska and how the ability                                                                   
to obtain these  warrants telephonically would  save time and                                                                   
department resources.  Mr. Svobodny remarked that  Section 22                                                                   
would just extend the time, from  ten to thirty days, for the                                                                   
execution and return  of inventory from the  date of issuance                                                                   
of a search warrant.                                                                                                            
                                                                                                                                
10:07:06 AM                                                                                                                   
                                                                                                                                
SENATE BILL NO. 214                                                                                                           
                                                                                                                                
     "An Act relating to big game hunting by nonresident                                                                        
     members of the military service and their dependents;                                                                      
     and providing for an effective date."                                                                                      
                                                                                                                                
Senator  Huggins  MOVED  to ADOPT  Committee  Substitute  25-                                                                   
LS1261\K as the working document before this Committee.                                                                         
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
Jody  Simpson,  Staff,  Senator Huggins,  remarked  that  the                                                                   
Committee Substitute  adds to the legislation  the individual                                                                   
listing of  the United State  Coast Guard into  the document.                                                                   
It was  learned that,  due to a  language change,  the United                                                                   
States Coast Guard must be listed individually.                                                                                 
                                                                                                                                
Co-Chair  Stedman  WITHDREW  his OBJECTION.  There  being  NO                                                                   
further  OBJECTION,  Committee   Substitute  25-LS1261\K  was                                                                   
adopted as the working document before this Committee.                                                                          
                                                                                                                                
Ms. Simpson  remarked that Senator  Charlie Huggins  goal was                                                                   
to waive the  twelve month waiting period  currently required                                                                   
for  military members,  the United  States  Coast Guard,  and                                                                   
their  dependents,  to  qualify  for  resident  rate  hunting                                                                   
licenses and Big Game tags.                                                                                                     
                                                                                                                                
10:09:17 AM                                                                                                                   
                                                                                                                                
Ms.  Simpson disclosed  that forty-five  states have  reduced                                                                   
the  resident  rate  for  stationed  military  personnel  and                                                                   
Alaska  currently   has  the  longest  waiting   period.  She                                                                   
continued that waiving the twelve-month  waiting period would                                                                   
allow  military personnel  and their  dependents to  purchase                                                                   
Big Game  tags at a reduced  rate. Ms. Simpson referred  to a                                                                   
$40,000  fiscal   note  reflecting  lost  revenue   from  the                                                                   
Department of Fish  & Game. Ms. Simpson emphasized  that this                                                                   
legislation  would  not  affect   residency  eligibility  for                                                                   
receiving  the Permanent  Fund  Dividend or  serving on  jury                                                                   
duty. She  also declared this  would not affect  personal use                                                                   
and  subsistence  which  would  still require  the  one  year                                                                   
residency. Ms.  Simpson revealed that  SB 214 would  not take                                                                   
effect until  January 1, 2009  because of the time  needed to                                                                   
reprint the forms and provide additional training.                                                                              
                                                                                                                                
10:13:06 AM                                                                                                                   
                                                                                                                                
Senator Elton  referred to  line 7, "on  active duty  who are                                                                   
permanently stationed  in the  state, and their  dependents,"                                                                   
and  asked if  this would  preclude those  here on  temporary                                                                   
duty assignment.  Ms. Simpson  agreed it  would not  apply to                                                                   
military here  on temporary assignment. She added  this would                                                                   
cover  military personnel  who  are stationed  in Alaska  but                                                                   
shipped overseas.                                                                                                               
                                                                                                                                
10:14:29 AM                                                                                                                   
                                                                                                                                
Senator  Elton  referred to  a  letter  of concern  from  the                                                                   
Alaska  Professional Hunters  Association. Non-residents  are                                                                   
required to be  guided on Big Game hunts based  on the belief                                                                   
that  non-residents   may   not  have   the  skills   or  the                                                                   
understanding  of  the  Alaska  hunting  experience.  Senator                                                                   
Elton questioned if there had  been any resolution indicating                                                                   
that  military  person  have   this  hunting  expertise.  Ms.                                                                   
Simpson revealed  that the bill retains the  requirements for                                                                   
an  Alaska Professional  Hunters  Association  guide for  the                                                                   
three Big  Game hunts and,  with this provision,  the hunters                                                                   
association now approves this bill.                                                                                             
                                                                                                                                
Senator Huggins  expressed the  need to acknowledge  the good                                                                   
work of  the military for the  state and the country,  and he                                                                   
believed that  this bill, which  would involve  little money,                                                                   
would  make  Alaska   a  "good  host."  He   emphasized  that                                                                   
professional hunters  have no problem  with this bill  and it                                                                   
would in  no way  affect the residency  requirements  for the                                                                   
Permanent Fund Dividend.                                                                                                        
                                                                                                                                
10:19:37 AM                                                                                                                   
                                                                                                                                
Senator  Thomas believed  there  could be  the appearance  of                                                                   
treating  the  military differently  from  other  individuals                                                                   
coming  to  the  state with  the  intention  of  establishing                                                                   
residency.  Ms.  Simpson  responded   that  the  question  of                                                                   
residency was  worked out through several hearings  in Senate                                                                   
Resources.  She believed  that Senator  Huggins's comment  of                                                                   
"being  a  good host"  to  the  military best  describes  the                                                                   
intent of the bill.                                                                                                             
                                                                                                                                
10:20:48 AM                                                                                                                   
                                                                                                                                
Senator Huggins  revealed that  young people in  the military                                                                   
are often subjected to many strange provisions.                                                                                 
                                                                                                                                
10:21:47 AM                                                                                                                   
                                                                                                                                
Senator  Dyson  commended  his colleague  for  bringing  this                                                                   
forward  and helping  to make  Alaska one  of the  military's                                                                   
more attractive deployments.                                                                                                    
                                                                                                                                
10:22:51 AM                                                                                                                   
                                                                                                                                
ROBERT  FITHIAN,  EXECUTIVE  DIRECTOR,   ALASKA  PROFESSIONAL                                                                   
HUNTERS ASSOCIATION  testified via teleconference  in support                                                                   
of SB 214.                                                                                                                      
                                                                                                                                
10:23:55 AM                                                                                                                   
                                                                                                                                
Senator  Huggins  concluded  that   this  bill  captured  the                                                                   
essence of Alaskan's attitude  toward the military especially                                                                   
during a time of war.                                                                                                           
                                                                                                                                
10:25:05 AM                                                                                                                   
                                                                                                                                
Senator  Huggins  MOVED  to  REPORT  CSSB  214  (FIN)\K  from                                                                   
committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  note. There  being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS  214 (FIN)\K  was REPORTED  out  of Committee  with a  "do                                                                   
pass"   recommendation   and   an   accompanying   previously                                                                   
published fiscal note from the Department of Fish and Game.                                                                     
                                                                                                                                
10:26:18 AM                                                                                                                   
                                                                                                                                
SENATE BILL NO. 259                                                                                                           
                                                                                                                                
     "An  Act   repealing  certain  provisions   relating  to                                                                   
     applications  for  medical assistance  coverage;  making                                                                   
     certain  provisions of  ch. 96,  SLA 2006,  retroactive;                                                                   
     providing  for   an  effective  date  by   repealing  an                                                                   
     effective  date section in  ch. 96, SLA 2006;  providing                                                                   
     for an  effective date for  certain sections of  ch. 96,                                                                   
     SLA 2006; and providing for an effective date."                                                                            
                                                                                                                                
PAM FINLEY,  REVISOR OF STATUTES, LEGISLATIVE  LEGAL COUNSEL,                                                                   
LEGISLATIVE  LEGAL  AND  RESEARCH   SERVICES  introduced  her                                                                   
assistant, Karen Kurtz, who would speak to the bill.                                                                            
                                                                                                                                
KAREN  KURTZ,  ASSISTANT REVISOR,  LEGAL  SERVICES  explained                                                                   
that  at issue  is a  special  effective date  clause in  the                                                                   
Medical Assistance  bill, Chapter 96, 2006,  that anticipated                                                                   
there  would  be one  revised  state  plan submitted  to  the                                                                   
federal government  for approval to cover the  changes in the                                                                   
bill but  that is  not what  happened. She  explained it  was                                                                   
discovered that some  of the changes did not  require federal                                                                   
approval;  others  were submitted  and  not  approved by  the                                                                   
federal  government. Ms.  Kurtz  specified that  the way  the                                                                   
effective date  clause was worded  there was a great  deal of                                                                   
uncertainty  about  the  effective   date  of  the  effective                                                                   
clauses. She  explained that this  bill repeals  the sections                                                                   
that did  not receive  federal approval,  the effective  date                                                                   
that did not work, and assigns  fixed effective dates for the                                                                   
remaining provisions.                                                                                                           
                                                                                                                                
Co-Chair  Stedman remarked  that the  bill involves  clean-up                                                                   
language  brought  before  the  legislature  every  year.  He                                                                   
requested an explanation of the bills for the record.                                                                           
                                                                                                                                
Ms. Finley  remarked that  both of the  bills, SB 259  and SB                                                                   
260 are  provided by  statute. She  indicated the purpose  of                                                                   
the bills was to make the statutes  clean without changing or                                                                   
setting,  in any  way, the  policy.  The Alaska  Constitution                                                                   
provides  for  reviser  bills  as exceptions  to  the  single                                                                   
subject rule. This has been split  into two bills because the                                                                   
Medicaid  effective   date  is   strange.  These   bills  are                                                                   
introduced through legislative council each year.                                                                               
                                                                                                                                
10:30:05 AM                                                                                                                   
                                                                                                                                
Senator Dyson  MOVED to REPORT  SB 259 out of  Committee with                                                                   
individual  recommendations  and accompanying  fiscal  notes.                                                                   
There being NO OBJECTION it was so ordered.                                                                                     
                                                                                                                                
SB  259  was REPORTED  out  of  Committee  with a  "do  pass"                                                                   
recommendation  and  the  accompanying  previously  published                                                                   
fiscal  notes  from  the  Department  of  Health  and  Social                                                                   
Services and the Legislative Affairs Agency.                                                                                    
                                                                                                                                
10:30:43 AM                                                                                                                   
                                                                                                                                
AT EASE:   10:30:54 AM                                                                                                        
RECONVENED:  10:42:59 AM                                                                                                      
                                                                                                                                
10:43:04 AM                                                                                                                   
                                                                                                                                
SENATE BILL NO. 260                                                                                                           
                                                                                                                                
     "An Act making corrective amendments to the Alaska                                                                         
     Statutes as recommended by the revisor of statutes; and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
10:43:33 AM                                                                                                                   
                                                                                                                                
PAM FINLEY,  REVISOR OF STATUTES, LEGISLATIVE  LEGAL COUNSEL,                                                                   
LEGISLATIVE   LEGAL  AND   RESEARCH   SERVICES  provided   an                                                                   
explanation  of the annual  occurrence  of the bill  provided                                                                   
for in Statute. She explained  that in the constitution it is                                                                   
mentioned  as an exception  of the  single subject  rule. The                                                                   
purpose of  the bill would be  to clean up the  Statutes, not                                                                   
to change  any substantive affect  of the law.  She specified                                                                   
that errors usually are found  in reviewing the Statutes with                                                                   
suggestions from  the Department of Law. Ms.  Finley stressed                                                                   
that if there is any question  that could be interpreted more                                                                   
than  one  way, it  would  be  left  out  of this  bill.  She                                                                   
indicated that once  the revisor bill is drafted,  it is sent                                                                   
to the Department of Law where  Deborah Behr, Chief Assistant                                                                   
Attorney  General, Department  of Law  reviews the bill  then                                                                   
circulates   it  throughout  the   departments.  Ms.   Finley                                                                   
described that  after proceeding to the  Legislative Council,                                                                   
it  is  then  treated  as a  normal  bill  for  the  referral                                                                   
process.                                                                                                                        
                                                                                                                                
Ms.  Finley  explained  that  this  bill  reflects  that  the                                                                   
Department  of Commerce  and Economic  Development has  taken                                                                   
over those  functions of the  Board of Dispensing  Opticians,                                                                   
which  no  longer  exists.  She noted  it  also  changes  the                                                                   
language from  "crime" to read "offense." The  bill continues                                                                   
to  update some  federal  statutes  where the  statutes  have                                                                   
changed   or    been   renumbered,   mostly    dealing   with                                                                   
disabilities. Title changes also  reflect that the Interstate                                                                   
Commerce  Commission was  abolished in  1995 and replaced  by                                                                   
the Surface Transportation Board.                                                                                               
                                                                                                                                
10:47:13 AM                                                                                                                   
                                                                                                                                
Senator Thomas MOVED  to REPORT SB 260 out  of Committee with                                                                   
individual  recommendations  and  accompanying  fiscal  note.                                                                   
There being NO OBJECTION it was so ordered.                                                                                     
                                                                                                                                
SB  260  was REPORTED  out  of  Committee  with a  "do  pass"                                                                   
recommendation  and  an  accompanying   previously  published                                                                   
fiscal note from the Legislative Affairs Agency.                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:48 AM                                                                                           
                                                                                                                                
                                                                                                                                

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