Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/21/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Confirmation Hearings | |
| Start | |
| Confirmation Hearings | |
| HB292 | |
| SB170 | |
| SB176 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 292 | ||
| = | SB 170 | ||
| = | SB 176 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 21, 2014
1:34 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Donald Olson
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Board of Governors of the Alaska Bar
William Granger - Anchorage
- CONFIRMATION ADVANCED
Commission on Judicial Conduct
Marc June - Anchorage
- CONFIRMATION ADVANCED
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 292(JUD)
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- MOVED CSHB 292(JUD) OUT OF COMMITTEE
SENATE BILL NO. 170
"An Act relating to a defense to the crime of prostitution for
victims of sex trafficking."
- MOVED SB 170 OUT OF COMMITTEE
SENATE BILL NO. 176
"An Act relating to the regulation of firearms and knives by the
University of Alaska."
- MOVED CSSB 176(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 292
SHORT TITLE: 2014 REVISOR'S BILL
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL
02/03/14 (H) READ THE FIRST TIME - REFERRALS
02/03/14 (H) JUD
02/10/14 (H) JUD AT 1:00 PM CAPITOL 120
02/10/14 (H) Moved CSHB 292(JUD) Out of Committee
02/10/14 (H) MINUTE(JUD)
02/12/14 (H) JUD RPT CS(JUD) 5DP
02/12/14 (H) DP: LEDOUX, FOSTER, LYNN, GRUENBERG,
KELLER
02/17/14 (H) TRANSMITTED TO (S)
02/17/14 (H) VERSION: CSHB 292(JUD)
02/18/14 (S) READ THE FIRST TIME - REFERRALS
02/18/14 (S) JUD
03/19/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/19/14 (S) Scheduled But Not Heard
BILL: SB 170
SHORT TITLE: AFFIRMATIVE DEFENSE TO PROSTITUTION
SPONSOR(s): GARDNER
02/12/14 (S) READ THE FIRST TIME - REFERRALS
02/12/14 (S) JUD
03/14/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/14/14 (S) -- MEETING CANCELED --
03/17/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/14 (S) Heard & Held
03/17/14 (S) MINUTE(JUD)
BILL: SB 176
SHORT TITLE: REG. OF FIREARMS/KNIVES BY UNIVERSITY
SPONSOR(s): COGHILL
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) JUD
03/03/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/03/14 (S) Heard & Held
03/03/14 (S) MINUTE(JUD)
03/05/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/14 (S) Heard & Held
03/05/14 (S) MINUTE(JUD)
03/10/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/10/14 (S) Heard & Held
03/10/14 (S) MINUTE(JUD)
03/14/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/14/14 (S) -- MEETING CANCELED --
03/17/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/14 (S) Heard & Held
03/17/14 (S) MINUTE(JUD)
03/19/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/19/14 (S) Heard & Held
03/19/14 (S) MINUTE(JUD)
WITNESS REGISTER
WILLIAM A. GRANGER, Appointee
Board of Governors of the Alaska Bar
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar.
MARC W. JUNE, Appointee
Commission on Judicial Conduct
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
LISA KIRSCH, Assistant Revisor of Statutes
Legal Services
Legislative Affairs Agency
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 292.
SENATOR BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 170.
STEVEN HANDY, Staff
Senator Berta Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided supporting testimony on SB 170.
KELLY HOWELL, Legislative Liaison
Office of the Commissioner
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Described the current DPS training program
on human trafficking and sex trafficking.
JARMYN KRAMLICH, President
UAS Student Government
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 176.
JESSICA DOMINY, Vice-President
UAS Student Government
POSITION STATEMENT: Testified in opposition to SB 176.
RUSSELL KELL, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 176.
MIKE COONS, representing himself
Palmer, Alaska
POSITION STATEMENT: Testified in support of the original version
of SB 176.
ROBERT CLIFT, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 176.
MICHAEL CHAMBERS, Chair, Alaska Libertarian Party
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 176.
BARBARA J. STRUBLE, representing herself
Anchorage, Alaska
POSITION STATEMENT: Asked the committee to pass SB 176 in its
original form.
MARK FISH, representing himself
Big Lake, Alaska
POSITION STATEMENT: Asked the committee to pass SB 176 in its
original form.
HANS RODVIK, Intern
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Countered some of the concerns that have
been raised in testimony on SB 176.
CHAD HUTCHISON, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Described CS for SB 176, Version Y, as the
least restrictive alternative and a fair balance of the
elements.
ACTION NARRATIVE
1:34:19 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Dyson, Wielechowski, and Chair Coghill.
Senator McGuire arrived during the course of the meeting.
^Confirmation Hearings
CONFIRMATION HEARINGS
1:35:29 PM
CHAIR COGHILL announced the first order of business would be
confirmation hearings. He asked Mr. June why he wants to serve
and his history.
1:35:45 PM
MARC W. JUNE, Appointee, Commission on Judicial Conduct,
Anchorage, Alaska, said this is an important oversight
commission regarding the conduct of members of the judiciary.
This body addresses complaints about the actions of judges and
ensures that there is a strong, ethical judiciary. He said he
looks forward to serving. He provided his professional
credentials as a lawyer and with the Alaska Bar Association. He
concluded that service on the Commission is another avenue of
public service.
CHAIR COGHILL thanked Mr. June for his service. He asked what
legislators ought to know about the ethics laws that relate to
the judiciary.
1:38:33 PM
MR. JUNE explained there is a canon on judicial conduct that
lays out the rules. He shared an example of a Bethel judge who
was found to be biased in cases and was suspended.
SENATOR DYSON asked if any judges from Alaska were found to be
"on the take."
MR. JUNE said he didn't recall any judge who was cited for
bribery. He added that there is a system in place for judges to
recuse themselves when appropriate.
1:40:55 PM
SENATOR DYSON asked for the restrictions on what judges or their
supporters can do when advocating for retention.
MR. JUNE replied he didn't know the applicable rules regarding
the retention of sitting judges. He said he has seen judges
respond to ads requesting their non-retention.
CHAIR COGHILL asked how the commission receives a challenge to a
judge on their conduct.
MR. JUNE said any member of the public can make a complaint
about a judge. The complaint goes through a process to determine
whether or not it will go forward.
1:44:03 PM
CHAIR COGHILL asked if there is a gatekeeper.
MR. JUNE said the executive director sees the complaint first,
but does not act unsupervised.
1:45:07 PM
SENATOR MCGUIRE joined the committee.
CHAIR COGHILL thanked Mr. June for being willing to serve.
CHAIR COGHILL asked Mr. Granger to tell the committee his
interest in serving and what he expects to do as an appointee.
1:46:51 PM
WILLIAM A. GRANGER, Appointee, Board of Governors of the Alaska
Bar, Anchorage, Alaska, said he's a life-long Alaskan and a
banker by profession. As a banker he's had considerable contact
with attorneys and has enjoyed that interaction. He guessed this
would be his fourth appointment to the Board of Governors of the
Alaska Bar and that he is probably the longest serving in the
history of the Board. He said he feels fortunate to have that
institutional knowledge to share with other members of the
Board. The most important aspect personally is the opportunity
for public service.
1:52:01 PM
CHAIR COGHILL asked what some of the ethical issues are that
differ from what the general public would expect.
MR. GRANGER replied some issues might be lawyers out of trust,
neglecting their clients, not respecting Bar Association rules,
and grievances with clients over fees.
1:53:34 PM
SENATOR DYSON asked if a lawyer approaches the line on ethics
when he/she misrepresents a client's spouse.
MR. GRANGER replied a nonfactual representation would be an
ethics violation and something the Bar Association would be
interested in looking into.
1:56:44 PM
CHAIR COGHILL asked if there was any objection to forwarding the
names Marc June and Bill Granger to the full legislature for
consideration.
SENATOR WIELECHOWSKI disclosed he is a member of the Alaska Bar
Association.
1:57:19 PM
At Ease
HB 292-2014 REVISOR'S BILL
1:58:12 PM
CHAIR COGHILL announced the consideration of HB 292. [CSHB
292(JUD) was before the committee.]
1:58:21 PM
LISA KIRSCH, Assistant Revisor of Statutes, Legal Services,
Legislative Affairs Agency, Alaska State Legislature, Juneau,
Alaska, said the purpose of the Revisor's Bill is to improve the
form of the statutes - to clean up the statutes. It does not
change any policy. The Attorney General's Office has reviewed
the bill and has no objections to it.
MS. KIRSCH reviewed several highlights of HB 292. A few
references have been changed. The words "adoptive child" were
changed to "adopted child." There are new names for a federal
bureau, there is a boiler code name change, several instances of
"but not limited to" were removed, a typo for "stimulate" was
fixed, and obsolete terms were corrected. She stated that the
bill is policy neutral.
2:01:31 PM
CHAIR COGHILL referenced Section 11 and asked if the U.S. code
was changed.
MS. KIRSCH said the site changed; the code is the same.
SENATOR DYSON expressed a desire to meet and discuss with the
director about obsolete provisions.
CHAIR COGHILL solicited a motion.
2:03:29 PM
SENATOR DYSON moved to report CSHB 292, Version O, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR COGHILL announced that without objection, CSHB 292(JUD)
moved from the Senate Judiciary Standing Committee.
2:04:23 PM
At Ease
SB 170-AFFIRMATIVE DEFENSE TO PROSTITUTION
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 170. "An Act relating to a defense to the
crime of prostitution for victims of sex trafficking." He said
it was the second hearing on the bill and several questions were
awaiting answers.
2:06:24 PM
SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 170, clarified that this is a trafficking bill,
not a prostitute bill. She addressed the questions and
suggestions from previous testimony. She emphasized that this
bill is a first step and should remain uncontroversial.
CHAIR COGHILL said a more comprehensive approach may be
preferable, but this bill has a chance of passing this year.
2:08:00 PM
STEVEN HANDY, Staff, Senator Berta Gardner, Alaska State
Legislature, said the suggestions that were proffered during the
last hearing were well-intended. However, the goal of this
effort is to get to the traffickers who are ruining lives. He
noted the resources for enforcement of the bill are already in
place. Training for law enforcement and access to service
providers for victims of sex trafficking are in place and the
bill is a strong link between those two. He thanked the
committee for its efforts on the bill.
SENATOR GARDNER noted that a representative from the Department
of Public Safety was available to discuss training.
2:10:07 PM
KELLY HOWELL, Legislative Liaison, Department of Public Safety
(DPS), explained that DPS currently provides training on human
trafficking and sex trafficking at the Public Safety Training
Academy for new police recruits and in regional trainings for
existing officers. The training covers identification and
investigation of sex trafficking crimes, as well as
understanding the dynamics of the crime and how people become
victims. She stated that DPS believes that this current training
adequately differentiates between someone who is actively
engaging in prostitution and someone who is a victim of sex
trafficking.
CHAIR COGHILL asked if this would be another descriptive element
in the training.
MS. HOWELL answered yes.
CHAIR COGHILL observed that the bill wouldn't have a large
fiscal impact.
He thanked the sponsor and asked about her expectations of the
bill moving forward.
SENATOR GARDNER replied that the people who testified during the
first hearing of the bill raised interesting questions. One was
that if a person is charged with prostitution, they are listed
on CourtView even before they've had a trial. There is also a
question of people who have a previous history and if there
should be retroactive expungement of that record. The other
issue is there are a series of crimes that are associated with
trafficking a victim might be coerced into committing, such as
shoplifting. The problem is to determine which crimes are a
result of trafficking and which are not.
2:14:22 PM
SENATOR DYSON said trafficking under Alaska law doesn't mean
transporting. He asked if "induced" includes: getting hooked on
drugs, threats of deportment, threats against family members,
and building dependency.
SENATOR GARDNER agreed. She noted that some people many choose
of their own volition to become involved in commercial sex
trade, but the bill addresses people who have been induced in a
variety of ways and where someone else benefits.
SENATOR DYSON clarified that getting someone hooked on drugs in
order to get them to work in the sex trade is a part of what
"induced" means.
SENATOR GARDNER said it is her understanding that very often
that is the case.
SENATOR DYSON requested that Senator Gardner state that it is
her intention that inducements, such as intentional addiction,
are "positive defenses" because the victim was not acting of her
own free will.
SENATOR GARDNER agreed that is her intention.
2:16:55 PM
CHAIR COGHILL said the intent is to make an affirmative defense.
SENATOR GARDNER thanked the committee. She said this legislation
is a start and a way to better understand this multi-level
problem.
CHAIR COGHILL asked for the will of the committee.
2:17:52 PM
SENATOR DYSON moved to report SB 170 from committee with
individual recommendations and attached zero fiscal note(s).
CHAIR COGHILL announced that without objection SB 170 moved from
the Senate Judiciary Standing Committee.
2:18:26 PM
At Ease
SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY
2:19:51 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 176. "An Act relating to the regulation of
firearms and knives by the University of Alaska." He invited
public testimony.
2:20:21 PM
JARMYN KRAMLICH President, UAS Student Body Government, Juneau,
Alaska, testified in opposition to SB 176. He reported that
students at the Juneau campus feel that SB 176 will have
unintended consequences that will interfere with the main
purpose of the University of Alaska. Students voiced concern for
their safety and that the Board of Regents would not be able
enact policies in the best interest of students.
2:22:53 PM
JESSICA DOMINY, Vice-President, UAS Student Government, Juneau,
Alaska, testified in opposition to SB 176. She shared that
fellow students from rural areas are very comfortable around
firearms, but don't understand why they should be on the college
campus. She questioned what accommodations would be made for
high school and elementary students who are frequently on
campus. She urged the committee not to pass the legislation.
SENATOR DYSON said our form of government provides that rights
should only be restricted if there is a compelling public
reason. He questioned whether there is a compelling reason in
this instance and then if it extends to first amendment and
fourth amendment rights. He further questioned whether feelings
should govern the restriction of rights, particularly freedom of
speech.
MR. KRAMLICH replied that the issue is that students don't feel
concealed weapons have any place in the classroom.
2:29:04 PM
RUSSELL KELL, representing himself, Anchorage, Alaska, testified
in support of SB 176. He said people are safest when they can
defend themselves. He questioned why millions of dollars should
be spent on an institution that ignores rights.
2:31:00 PM
MIKE COONS, representing himself, Palmer, Alaska, said he
opposes the committee substitute because it is an attempt to
placate the Board of Regents that is abrogating rights. He
recommended passing the original bill.
2:33:55 PM
ROBERT CLIFT, representing himself, Anchorage, Alaska, testified
in support of SB 176. He pointed out that students are already
around people on campus who are armed. If the university knows,
they just ask the person to leave. He said the administration
enforces its policy when it sees fit and ignores it when it
doesn't.
2:36:29 PM
MICHAEL CHAMBERS, Chair, Alaska Libertarian Party, Anchorage,
Alaska, testified in support of SB 176. He maintained that the
right to bear arms is a fundamental right.
2:37:29 PM
BARBARA J. STRUBLE, representing herself, Anchorage, Alaska,
asked the committee to pass SB 176 in its original form. She
concurred with the four previous speakers.
2:38:28 PM
MARK FISH, representing himself, Big Lake, Alaska, asked the
committee to pass the original version of SB 176. He said it is
a public university on public land and individual rights ought
to be respected. If the university doesn't provide for the
students, they ought to be able to provide for themselves.
CHAIR COGHILL closed public testimony. He removed his objection
and Version Y was adopted.
He explained that there has to be a compelling reason to
restrict a right. Requiring a permit may be restrictive, but it
may be the least restrictive option. He asked his staff to
comment.
2:42:31 PM
HANS RODVIK, Intern, Senator John Coghill, responded to some of
the concerns that have been raised in testimony on SB 176. He
said a large concern is there are K-12 students on campus. These
students are already surrounded by adults who conceal carry
statewide. Following the university's logic, the state should
prohibit concealed carry everywhere the students happen to be.
Another concern is that the university would be defenseless to
defend the campus. This is incorrect because all laws would
still stand. The bill simply says that people would be able to
defend themselves.
He maintained that the bill codifies current practice because
students and others are already exercising their fundamental
rights.
He said the idea that the policy distracts from the learning
environment argument is faulty because the public is already
around people who conceal carry.
He turned to the argument about the presence of drugs and
alcohol on campus and said his research shows evidence of that
not being a problem. It is a crime to conceal carry under the
age of 21.
MR. RODVIK concluded that this bill contains a proper balance
between the public safety interest of the university and two
fundamental rights. The data shows that lawful adults who go
through the rigorous process to obtain concealed hand gun
permits will remain law abiding, will be properly suited to
defend themselves and others, and won't distract from the
learning environment on university campuses.
2:48:25 PM
CHAD HUTCHISON, Staff, Senator John Coghill Alaska State
Legislature, Juneau, Alaska, described the CS for SB 176,
Version Y, as the least restrictive alternative and a fair
balance of the elements.
CHAIR COGHILL noted that this is the first committee of
referral.
2:49:35 PM
SENATOR DYSON moved to [report the CS for SB 176, Version Y,
from committee with individual recommendations and the attached
fiscal note(s).]
CHAIR COGHILL objected. He noted the legal principle is fully
debated. He said the bill has a fiscal note and will go to the
Senate Finance Committee.
SENATOR DYSON wished that the definition of lock box was better
and that long guns were permitted on campus.
2:50:59 PM
SENATOR WIELECHOWSKI said he would vote to move the bill forward
because there are strong constitutional issues to support it. He
recalled the examples in Utah and in Colorado with no
incidences.
CHAIR COGHILL removed his objection.
CHAIR COGHILL announced that without objection, CSSB 176(JUD)
was reported from the Senate Judiciary Standing Committee.
2:52:39 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:52 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Written Testimony #5.zip |
SJUD 3/21/2014 1:30:00 PM |
SB 176 |