Legislature(1993 - 1994)
04/28/1994 04:20 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
April 28, 1994
4:20 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator George Jacko
Senator Dave Donley
Senator Suzanne Little
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS: Ethel Staton, Board of Governors
Alaska Bar Association
Jeff Feldman, Commission on Judicial
Conduct
Janice Leinhart, Judicial Council
HOUSE JOINT RESOLUTION NO. 60
Relating to an amendment to the Constitution of the United States
prohibiting federal courts from ordering a state or a political
subdivision of a state to increase or impose taxes.
HOUSE BILL NO. 78
"An Act relating to the testimony of children in certain criminal
proceedings; and providing for an effective date."
CS FOR HOUSE BILL NO. 2(RLS)
"An Act requiring drug and alcohol tests for school bus drivers."
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN)
"An Act relating to paternity determinations and acknowledgements."
HOUSE BILL NO. 331 am
"An Act relating to claims on permanent fund dividends for
defaulted public assistance overpayments."
HOUSE BILL NO. 429
"An Act relating to the special education service agency."
CS FOR HOUSE BILL NO. 410(STA)
"An Act relating to real estate appraisers and the Board of
Certified Real Estate Appraisers."
CS FOR HOUSE BILL NO. 79(FIN) am
"An Act relating to recovery from a parent or legal guardian of
wilful or malicious destruction of property by a minor."
SB 21 (MISC. GRANDPARENT VISITATION RIGHTS) was scheduled, but not
taken up this date.
HB 214 (DISCLOSURE OF MINOR'S RECORDS BY PARENT) was scheduled, but
not taken up this date.
PREVIOUS SENATE COMMITTEE ACTION
HJR 60 - See State Affairs minutes dated 4/18/94.
HB 78 - No previous action to record.
HB 2 - See Health, Education & Social Services minutes dated
3/16/94.
HB 128 - See Health, Education & Social Services minutes dated
3/21/94.
HB 331 - See Health, Education & Social Services minutes dated
4/8/94.
HB 429 - See Health, Education & Social Services minutes dated
3/21/94 and 4/18/94.
HB 410 - See Judiciary minutes dated 4/23/94 & 4/25/94.
HB 79 - See Health, Education & Social Service minutes dated
2/2/94. See Judiciary minutes dated 4/18/94, 4/23/94,
and 4/25/94.
WITNESS REGISTER
Ethel Staton
P.O. Box 829
Sitka, AK 99835
Jeff Feldman
500 L St., Suite 400
Anchorage, AK 99501
Janice Lienhart
619 East Fifth Ave.
Anchorage, AK 99501
David Harding, Staff to Representative Eileen MacLean
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 78
Judi Jordan, Staff to Representative Gail Phillips
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Present to respond to questions
on HB 2
Renee Chatman, Staff to Representative Bettye Davis
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 128
Phil Petri, Operations Manager
Child Support Enforcement Division
Department of Revenue
P.O. Box 100400
Juneau, AK 99811-0400
POSITION STATEMENT: Offered information on HB 128
Representative Cynthia Toohey
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 331
Jan Hansen, Director
Division of Public Assistance
Department of Health & Social Services
P.O. Box 110640
Juneau, AK 99811-0640
POSITION STATEMENT: Answered questions on HB 331
Walt Wilcox, Staff to Representative Jeannette James
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Present to respond to questions on HB 429
Commissioner Margaret Lowe
P.O. Box 110601
Juneau, AK 99811-0601
POSITION STATEMENT: Offered information on HB 429
Patti Swenson, Staff to Representative Con Bunde
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HB 79
ACTION NARRATIVE
TAPE 94-43, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 4:20 p.m.
SENATOR TAYLOR brought HJR 60 (AMEND US CONSTIT. TO LIMIT FED.
COURTS) before the committee as the first order of business.
There being no witnesses present to testify on the legislation,
Senator Taylor asked for the pleasure of the committee.
SENATOR HALFORD moved that HJR 60 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 036
SENATOR TAYLOR brought HB 78 (TESTIMONY OF MINORS IN CRIMINAL
TRIALS) before the committee as the next order of business.
DAVID HARDING, staff to Representative Eileen MacLean, explained
the bill makes it possible to protect children under the age of 16
from appearing in person as witnesses at criminal trials. Current
law allows witnesses under the age of 13 to testify by video tape
or closed circuit television if the court finds that testifying in
person would be too difficult for the child. There has been
concern about children who are forced to testify in sexual abuse of
a minor and assault cases.
SENATOR TAYLOR commented that HB 78 is a good bill, but it can
cause some major problems, and he hopes it can be found to be
constitutional.
SENATOR HALFORD moved that HB 78 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 070
SENATOR TAYLOR introduced CSHB 2(RLS) (DRUG TESTING FOR SCHOOL BUS S
DRIVERS) as the next order of business.
JUDI JORDAN, staff to Representative Gail Phillips, was present to
respond to questions from the committee. There being no questions,
SENATOR TAYLOR asked for the pleasure of the committee.
SENATOR HALFORD moved that CSHB 2(RLS) be passed out of committee
with individual recommendations. SENATOR LITTLE objected, stating
her concern is that false positives are gained disproportionately
on drug tests. SENATOR TAYLOR agreed with her concern, and
expressed his hope that additional legislation in the future will
provide for a back-up testing device or one, at least, that would
not be at the cost of the individual. SENATOR HALFORD pointed out
that the bill requires that regulations include a hearing before
disposition is imposed. SENATOR LITTLE maintained her objection,
and by a show of hands, the motion carried on a four to one vote.
Number 110
SENATOR TAYLOR brought CSSSHB 128(FIN) (EARLY ACKNOWLEDGEMENT OF
PATERNITY) before the committee as the next order of business.
RENEE CHATMAN, staff to Representative Bettye Davis, stated non
support of children has become a national epidemic, with one-fourth
of the children in the United States now living with a single
parent, and an estimated 60 percent spending at least part of their
childhood in a single parent home. In almost half of these cases,
the absent parent does not pay child support. Many of these
children are born out of wedlock and paternity is established in
only 30 percent of such cases.
HB 128 requires that the state prepare a paternity acknowledgement
form to be used at the time of birth. The form is signed by both
parents; it will list the father's name and social security number;
and it will have to be notarized by a notary public. The bill also
lays out specific responsibilities of hospitals or midwives should
the birth occur outside a hospital setting. In addition, the State
of Alaska is required to give full faith and credit to a
determination of paternity made by another state regardless of the
method in which the paternity is established. Another component of
the bill provides for procedures to allow a default order to be
entered in contested paternity cases upon showing that process was
served on the defendant in accordance with state law.
Ms. Chatman pointed out that as of December 1993, there were 39,969
cases pending in the Alaska Child Support Enforcement Division, and
7,192 of those cases are directly related to paternity
verification.
SENATOR HALFORD asked if there is an acknowledgement of paternity,
is there any way that later on this person can get a blood test.
PHIL PETRI, Operations Manager, Child Support Enforcement Division,
clarified that the presumptive evidence provided for in the bill
brings it in line with current state statute, AS 25.020.050, which
states that the punitive father acknowledges in writing being a
parent of a child. He added that they still have the right to go
into court, they still have the right to get blood tests, and the
judge can overturn it.
There was general discussion on the use of the terms "conclusive
evidence" and "presumptive evidence." SENATOR TAYLOR stated he
thought that "presumptive" was more than a sufficient standard to
accomplish the purpose.
SENATOR LITTLE moved that CSSSHB 128(FIN) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
Number 267
SENATOR TAYLOR stated the next order of business would be a
confirmation hearing on Ethel Staton who has been serving on the
Board of Governors of the Alaska Bar and is up for reappointment.
ETHEL STATON, testifying from Sitka via the Legislative
Teleconference Network, stated she is a born and raised Alaskan,
and she expressed her appreciation at being reappointed to the
board.
SENATOR TAYLOR thanked Ms. Staton on behalf of the committee for
her assistance and services to the state.
SENATOR HALFORD moved that a letter be sent to the full membership
of the Senate stating that a confirmation hearing on Ethel Staton
was held and there were no stated objections to her reappointment
to the Board of Governors of the Alaska Bar. Hearing no objection,
the motion carried.
Number 298
SENATOR TAYLOR introduced HB 331 am (USE PFD'S TO RECOVER WELFARE
OVERPAYMENTS) as the next order of business.
REPRESENTATIVE CYNTHIA TOOHEY, prime sponsor of HB 331, explained
the legislation is a mechanism by which the Department of Health &
Social Services will be able to collect overpayment of welfare
checks after the person is off of welfare. There is no problem
when a family is on welfare because there is a mechanism in place
to take a small amount of each check. The problem arises when the
person is no longer under the welfare system and they fail to repay
amounts owed. HB 331 allows the garnishment of the individual's
permanent fund dividend for an overpayment, be it the result of an
overpayment by the department or by misinformation by the
recipient.
SENATOR JACKO asked how big of a problem this was. REPRESENTATIVE
TOOHEY answered it amounts to approximately one half million
dollars. JAN HANSRN, Director, Division of Public Assistance,
Department of Health & Social Services, added that the overpayments
can vary from a $50 error to a complete AFDC check.
SENATOR HALFORD moved that HB 331 am be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
Number 327
SENATOR TAYLOR stated the next order of business would be a
confirmation hearing on the appointment of Jeff Feldman to the
Commission on Judicial Conduct.
JEFF FELDMAN, a 19-year member of the Alaska Bar Association
testifying from Anchorage, spoke to the importance of insuring that
the judiciary is properly administered. He said whatever can be
done to ensure that the public has trust that the system is
functioning fairly and efficiently is an effort well worth making.
He expressed his willingness to serve on the Commission.
SENATOR HALFORD moved that a letter be sent to the full membership
of the Senate stating that a confirmation hearing has been held on
Mr. Feldman's appointment to the Commission on Judicial Conduct and
that there were no stated objections. Hearing no objection, the
motion carried.
Number 350
SENATOR TAYLOR brought HB 429 (SPECIAL EDUCATION SERVICE AGENCY)
before the committee as the next order of business.
WALT WILCOX, staff to Representative Jeannette James, was present
to respond to questions.
MARGARET LOWE, Commissioner of the Department of Health & Social
Services, explained that this is a special education service agency
that provides individualized teaching services to low incidence
handicapping condition children in rural areas. This would remove
the agency from being under the Governor's Council on Disabilities
and Special Education making it its own private nonprofit agency.
SENATOR HALFORD moved that HB 429 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 385
SENATOR TAYLOR stated the next order of business would be a
confirmation hearing on the appointment of Janice Lienhart to the
Judicial Council.
JANICE LIENHART, testifying from Anchorage, expressed her
appreciation for having the opportunity to serve on the Judicial
Council. She believes she offers a unique balance to the makeup of
the Council. She said the members on the Council are working
together very well, and it has been very rewarding.
SENATOR HALFORD moved that a letter be sent to the full membership
of the Senate stating that a confirmation hearing has been held on
Ms. Lienhart's appointment to the Judicial Council and that there
were no stated objections. Hearing no objection, the motion
carried.
Number 400
SENATOR TAYLOR brought CSHB 410(STA) (REAL ESTATE APPRAISERS)
before the committee as the next order of business. He noted the
legislation had a previous hearing before the committee, and that
it changes the standard whereby the board will now set the
certification levels, as well as brining the state into compliance
with federal law.
SENATOR HALFORD moved that CSHB 410(STA) be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
Number 425
SENATOR TAYLOR brought CSHB 79(FIN) am (DAMAGE TO PROPERTY BY
MINORS) before the committee as the final order of business. He
directed attention to a proposed Judiciary SCS, which was prepared
as a result of concerns raised at a previous hearing on the
legislation. One change provides for two reasonable standards for
the parent to get out from under liability: (1) unless the parent,
legal guardian, or person having custody of the minor has been made
a party in the civil action; and (2) if the parent, legal guardian,
or person having legal custody of the minor has acted reasonably to
exercise control over the minor or to influence the minor's
behavior.
SENATOR DONLEY stated his support for the new language in the
committee substitute.
SENATOR HALFORD moved that SCS CSHB 79(JUD) be adopted. Hearing no
objection, the motion carried.
There was discussion on what the amount should be that could be
recovered in a civil action, which is set at $2,000 in current
statute.
SENATOR HALFORD moved that on page 1, line 7 of the Judiciary SCS,
to delete "$2,000" and replace it with "$5,000." Hearing no
objection, the amendment was adopted.
PATTI SWENSON, staff to Representative Con Bunde, stated that
Representative Bunde would like that amount to be set at $25,000.
She related that recently there was vandalism on two school
playgrounds, and the vandalism at one school was $10,000 and at the
other school it is over $20,000 at this point. She said if the
amount were higher, in the future it would help school districts or
any organization that sustained such damage.
SENATOR TAYLOR asked for the pleasure of the committee.
SENATOR JACKO moved that SCS CSHB 79(JUD), as amended, be passed
out of committee with individual recommendations. Hearing no
objection, it was so ordered.
There being no further business to come before the committee, the
meeting was adjourned at 4:55 p.m.
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