04/09/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB284 | |
| HB369 | |
| HB366 | |
| SB184 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 60 | TELECONFERENCED | |
| + | HB 140 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 284 | TELECONFERENCED | |
| += | HB 369 | TELECONFERENCED | |
| += | HB 366 | TELECONFERENCED | |
| += | SB 184 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 9, 2014
1:35 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Fred Dyson
Senator Donald Olson
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Lesil McGuire, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 284
"An Act relating to an interstate compact on a balanced federal
budget."
- MOVED HB 284 OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 369(JUD)
"An Act relating to restrictions on the criminal prosecution for
certain offenses for a person who seeks medical assistance for a
person experiencing a drug overdose."
- MOVED SCS CSHB 369(JUD) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 366(JUD)
"An Act relating to reporting an involuntary mental health
commitment to the National Instant Criminal Background Check
System; relating to the sealing of records of mental health
proceedings; and relating to relief from a disability resulting
from an involuntary commitment or an adjudication of mental
illness or mental incompetence."
- HEARD & HELD
SENATE BILL NO. 184
"An Act relating to the exemption from jury service for certain
teachers."
- HEARD & HELD
SENATE BILL NO. 60
"AN ACT RELATING TO SEA OTTER POPULATION MANAGEMENT."
- BILL HEARING CANCELED
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 140(FIN) AM
"AN ACT RELATING TO SEA OTTER POPULATION MANAGEMENT."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 284
SHORT TITLE: COMPACT FOR A BALANCED BUDGET
SPONSOR(s): REPRESENTATIVE(s) KELLER
01/29/14 (H) READ THE FIRST TIME - REFERRALS
01/29/14 (H) STA, JUD
02/13/14 (H) STA AT 8:00 AM CAPITOL 106
02/13/14 (H) Moved Out of Committee
02/13/14 (H) MINUTE(STA)
02/14/14 (H) STA RPT 6DP 1NR
02/14/14 (H) DP: MILLETT, GATTIS, KELLER, ISAACSON,
HUGHES, LYNN
02/14/14 (H) NR: KREISS-TOMKINS
02/21/14 (H) JUD AT 1:00 PM CAPITOL 120
02/21/14 (H) Heard & Held
02/21/14 (H) MINUTE(JUD)
02/28/14 (H) JUD AT 1:00 PM CAPITOL 120
02/28/14 (H) Heard & Held
02/28/14 (H) MINUTE(JUD)
03/03/14 (H) JUD AT 1:00 PM CAPITOL 120
03/03/14 (H) Moved Out of Committee
03/03/14 (H) MINUTE(JUD)
03/05/14 (H) JUD RPT 3DP 1DNP 3NR
03/05/14 (H) DP: MILLETT, LYNN, KELLER
03/05/14 (H) DNP: GRUENBERG
03/05/14 (H) NR: LEDOUX, PRUITT, FOSTER
03/19/14 (H) TRANSMITTED TO (S)
03/19/14 (H) VERSION: HB 284
03/21/14 (S) READ THE FIRST TIME - REFERRALS
03/21/14 (S) JUD
03/27/14 (S) STA AT 9:00 AM BUTROVICH 205
03/27/14 (S) <Bill Hearing Canceled>
03/31/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/31/14 (S) Heard & Held
03/31/14 (S) MINUTE(JUD)
04/04/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/04/14 (S) Heard & Held
04/04/14 (S) MINUTE(JUD)
04/07/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/07/14 (S) -- MEETING CANCELED --
04/09/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 369
SHORT TITLE: DRUG OVERDOSE: IMMUNITY FROM PROSECUTION
SPONSOR(s): REPRESENTATIVE(s) PRUITT
02/26/14 (H) READ THE FIRST TIME - REFERRALS
02/26/14 (H) JUD
03/17/14 (H) JUD AT 1:00 PM CAPITOL 120
03/17/14 (H) Heard & Held
03/17/14 (H) MINUTE(JUD)
03/21/14 (H) JUD AT 1:00 PM CAPITOL 120
03/21/14 (H) Moved CSHB 369(JUD) Out of Committee
03/21/14 (H) MINUTE(JUD)
03/24/14 (H) JUD RPT CS(JUD) NT 5DP 1AM
03/24/14 (H) DP: MILLETT, PRUITT, FOSTER, GRUENBERG,
LYNN
03/24/14 (H) AM: LEDOUX
03/28/14 (H) TRANSMITTED TO (S)
03/28/14 (H) VERSION: CSHB 369(JUD)
03/28/14 (S) READ THE FIRST TIME - REFERRALS
03/28/14 (S) JUD
04/02/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/02/14 (S) -- MEETING CANCELED --
04/04/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/04/14 (S) Heard & Held
04/04/14 (S) MINUTE(JUD)
04/07/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/07/14 (S) -- MEETING CANCELED --
04/09/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 366
SHORT TITLE: INVOLUNTARY COMMITMENT; FIREARMS
SPONSOR(s): REPRESENTATIVE(s) PRUITT
02/26/14 (H) READ THE FIRST TIME - REFERRALS
02/26/14 (H) STA, JUD
03/11/14 (H) STA AT 8:00 AM CAPITOL 106
03/11/14 (H) Moved CSHB 366(STA) Out of Committee
03/11/14 (H) MINUTE(STA)
03/12/14 (H) STA RPT CS(STA) NT 2DP 3NR 1AM
03/12/14 (H) DP: KELLER, KREISS-TOMKINS
03/12/14 (H) NR: GATTIS, HUGHES, LYNN
03/12/14 (H) AM: ISAACSON
03/17/14 (H) JUD AT 1:00 PM CAPITOL 120
03/17/14 (H) Moved CSHB 366(STA) Out of Committee
03/17/14 (H) MINUTE(JUD)
03/19/14 (H) JUD AT 1:00 PM CAPITOL 120
03/19/14 (H) Heard & Held
03/19/14 (H) MINUTE(JUD)
03/21/14 (H) JUD AT 1:00 PM CAPITOL 120
03/21/14 (H) Moved CSHB 366(JUD) Out of Committee
03/21/14 (H) MINUTE(JUD)
03/24/14 (H) JUD RPT CS(JUD) NT 5DP 1NR
03/24/14 (H) DP: LEDOUX, PRUITT, FOSTER, GRUENBERG,
LYNN
03/24/14 (H) NR: MILLETT
03/26/14 (H) TRANSMITTED TO (S)
03/26/14 (H) VERSION: CSHB 366(JUD)
03/28/14 (S) READ THE FIRST TIME - REFERRALS
03/28/14 (S) JUD
04/02/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/02/14 (S) -- MEETING CANCELED --
04/03/14 (S) STA AT 9:00 AM BUTROVICH 205
04/03/14 (S) <Pending Referral>
04/04/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/04/14 (S) <Bill Hearing Canceled>
04/07/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/07/14 (S) -- MEETING CANCELED --
04/09/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 184
SHORT TITLE: JURY SERVICE EXEMPTION
SPONSOR(s): SENATOR(s) GARDNER
02/21/14 (S) READ THE FIRST TIME - REFERRALS
02/21/14 (S) JUD
04/04/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/04/14 (S) <Bill Hearing Canceled>
04/07/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/07/14 (S) -- MEETING CANCELED --
04/09/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE LANCE PRUITT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 369 and HB 366.
ANNE CARPENETI Assistant Attorney General
Criminal Division
Legal Services Section
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Answered questions related to HB 369.
NANCY MEADE, General Counsel
Administrative Staff
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Commented on HB 366.
JAKE MCGUIGAN, Director
Government Relations
National Shooting Sports Foundation
Connecticut
POSITION STATEMENT: Testified in support of HB 366.
KATHRYN MONFREDA, Chief
Criminal Records and Identification Bureau
Division of Statewide Services
Department of Public Safety (DPS)
POSITION STATEMENT: Provided information related to HB 366.
JILL MONTGOMERY
Supervisory NICS Liaison at FBI
West Virginia
POSITION STATEMENT: answered questions related to HB 366.
DARYL NELSON, President
Mind Freedom Alaska and Alaskans for Disability Rights
Chugiak, Alaska
POSITION STATEMENT: Testified in opposition to HB 366.
SENATOR BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 184
ACTION NARRATIVE
1:35:49 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:35 p.m. Present at the call to
order were Senators Dyson, Wielechowski, Olson, and Chair
Coghill.
HB 284-COMPACT FOR A BALANCED BUDGET
1:36:51 PM
CHAIR COGHILL announced the consideration of HB 284. "An Act
relating to an interstate compact on a balanced federal budget."
This was the third hearing. Commenting that this was a policy
call, he then asked Senator Wielechowski if all his questions
had been answered.
SENATOR WIELECHOWSKI agreed it was a policy call, but not
something he was inclined to support.
CHAIR COGHILL solicited a motion.
1:37:54 PM
SENATOR DYSON moved to report HB 284 from committee with
individual recommendations and attached fiscal note(s).
1:38:21 PM
SENATOR WIELECHOWSKI objected. He said he appreciates that there
are concerns about getting the federal budget under control, but
this approach is also cause for concern. In particular, there
are no protections against cutting national defense, Social
Security, Medicare, and education. Furthermore, the bill isn't
really a balanced budget amendment because it continues to allow
$21 trillion in debt. Alaska receives over $15,000 per person
from the federal government every year which is more than any
other state. This proposal is likely to change that, which would
hurt the Alaskan economy. He maintained his objection.
CHAIR COGHILL offered his perspective that the bill has
safeguards. Congress has to make the call and 38 states have to
agree to move forward. Congress now can set any debt limit it
likes so having something go forward that offers some measure of
control is worthwhile. He expressed support for moving forward
so that Congress gets the message.
Finding no further comments, Chair Coghill asked for a roll
call.
1:40:41 PM
A roll call vote was taken. Senators Dyson, Olson, and Coghill
voted in favor of reporting HB 284 from committee and Senator
Wielechowski voted against it. Therefore, HB 284 passed from the
Senate Judiciary Standing Committee by a 3:1 vote.
1:40:49 PM
At Ease
HB 369-DRUG OVERDOSE: IMMUNITY FROM PROSECUTION
1:42:09 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 369. "An Act relating to restrictions on the
criminal prosecution for certain offenses for a person who seeks
medical assistance for a person experiencing a drug overdose."
[This was the second hearing and the Senate committee substitute
for CS for HB 369 was before the committee.]
REPRESENTATIVE LANCE PRUITT, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 369, affirmed that the legislation was not
intended to apply to someone who dials 911 when the police
arrive with a search warrant.
CHAIR COGHILL asked Senator Wielechowski if his question was
answered about whether a person would be exempt from prosecution
under paragraph (2) if they dialed 911 when the police arrived
with a search warrant. His understanding was that the person
would not be exempt. If the police already had the search
warrant in their possession, it was based on other information,
not the drug overdose.
SENATOR WIELECHOWSKI said he brought it up because the NCSL
website mentioned that "other states limit immunity by
specifying that good-faith reporting does not include seeking
help during the course of the execution of an arrest or search
warrant." He asked the Department of Law if stating the intent
on the record solves the concern that was discussed on 4/4/14.
1:46:22 PM
ANNE CARPENETI Assistant Attorney General, Criminal Division,
Legal Services Section, Department of Law (DOL), Juneau, Alaska,
said it's a possibility that someone would use the provision in
paragraph (2) to avoid prosecution, so it's good to have it on
the record that there is no intention for it to apply to those
situations.
CHAIR COGHILL stated his intention as chair that the bill would
not apply to a cry for help in order to escape responsibility.
"The way we understood it was that if somebody did call for help
who was experiencing a drug overdose and they asked for medical
assistance, that the information gathered at that point would
be, he would still be responsible for everything except for that
particular overdose," he said.
MS. CARPENETI said it depends on the circumstances. If someone
overdoses and he enters the emergency room with some of the
drugs in his pocket, it would be a question of fact as to
whether that amount was enough to support a charge of possession
with intent to distribute.
CHAIR COGHILL offered that in a medical emergency, lifesaving
comes first and criminal charges come after.
MS. CARPENETI agreed that was the point of the legislation.
CHAIR COGHILL maintained that the phrase on page 2, lines 8-9,
"or was obtained as a result of the overdose" makes it clear
that a cry for help wouldn't be exempt if a warrant had already
been issued.
MS. CARPENETI said it would be a question of fact, but if the
police were already there it would be a strong fact scenario
that the person was not acting in good faith.
CHAIR COGHILL stressed that the intent is to solve a life-
threatening situation, not to excuse bad behavior.
SENATOR WIELECHOWSKI said the problem is that the burden is on
the prosecution to disprove good faith. He suggested the
Department of Law monitor this over the next few years and let
the legislature know if it's causing problems.
1:49:51 PM
At Ease
1:49:57 PM
CHAIR COGHILL reconvened the meeting and advised that the Senate
CS amends the applicability of the Act to on or after the
effective date. He solicited a motion.
1:50:40 PM
SENATOR DYSON moved to report the Senate CS for CSHB 369,
Version P, from committee with individual recommendations and
attached fiscal note(s).
CHAIR COGHILL announced that without objection SCS CSHB 369(JUD)
was reported from the Senate Judiciary Standing Committee.
1:51:11 PM
At Ease
HB 366-INVOLUNTARY COMMITMENT; FIREARMS
1:52:31 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 366. "An Act relating to reporting an
involuntary mental health commitment to the National Instant
Criminal Background Check System; relating to the sealing of
records of mental health proceedings; and relating to relief
from a disability resulting from an involuntary commitment or an
adjudication of mental illness or mental incompetence." This was
the first hearing. [CSHB 366(JUD) was before the committee.]
1:52:58 PM
REPRESENTATIVE LANCE PRUITT, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 366, introduced the legislation speaking
to the following sponsor statement:
Alaska upholds a steadfast tradition of the right to
responsible firearm ownership. A fundamental component
of this responsibility is the assurance that firearm
retailers will have access to timely and relevant
information in the National Instant Criminal
Background Check System (NICS) database.
HB 366 pertains to the transmittal of information from
the Alaska Court System to the NICS administrators.
The database was established in 1994 to provide
information to Federal Firearms Licensees (FFLs)
regarding persons who are prohibited from possessing a
firearm under Section 922(g) or (n) of Title 18 USC.
Currently, the State of Alaska does not require the
courts to transmit these records. This places the
Federal Firearms Licensees at a greater risk of
selling a firearm to an individual who may pose a risk
to themselves or to the public. Alaskan FFLs submitted
93,405 transaction inquiries to the NICS database in
2013, ranking the state second highest in the number
of inquiries per capita. However, the NICS database
only contains a single entry regarding an individual
who is prevented from firearm possession due to mental
health reasons, as adjudicated by the courts.
House Bill 366 works with the courts to establish a
system to transfer the limited necessary information
with the NICS administrators regarding persons who are
adjudicated in Alaska courts as unfit to possess a
firearm due to mental health reasons. The bill also
addresses the process for appealing such
adjudications.
The State of Alaska leads the way in our defense of
firearms rights, and the key to preserving that right
is the assurance that FFLs will not be at risk of
selling a firearm to an individual who is legally
barred by the courts. HB 366 assures that Alaska's
courts will transmit information to the NICS database,
thereby protecting our FFLs, our gun rights, and the
people of Alaska.
CHAIR COGHILL identified the individuals who were available to
testify and answer questions.
1:59:16 PM
SENATOR DYSON asked if people who are involuntarily committed
have their names posted on CourtView.
REPRESENTATIVE PRUITT deferred to the court system.
2:00:32 PM
NANCY MEADE, General Counsel, Administrative Section, Alaska
Court System, advised that involuntary commitments are
confidential case types so nothing about the case is available
on CourtView and the paper files are not accessible either.
SENATOR DYSON asked the reasoning for not having those cases
available to the public.
MS. MEADE replied they're identified as confidential in statute.
She didn't know the legislature's reasoning for doing that, but
presumably it was because of the privacy interests involved.
SENATOR DYSON asked if it's akin to health information.
MS. MEADE said she assumes so.
SENATOR DYSON asked her to follow up with the statutory
reference.
2:02:01 PM
JAKE MCGUIGAN, Director of Government Relations, National
Shooting Sports Foundation (NSSF), Connecticut, said that NSSF
is the trade association for the firearms industry. Over the
past year NSSF has focused attention on the "FixNICS" campaign
to make sure that people who should not have access to firearms
don't have access. Federal law says that a person who has been
involuntarily committed is a prohibited person with respect to
owning a firearm. In the past year NSSF has focused attention on
the 15 states that do not send their records on involuntary
commitment with the National Instant Criminal Background Check
System (NICS) database. He noted that the governors of South
Dakota and Nebraska recently signed FixNICS legislation into
law. Hawaii and Massachusetts both have legislation moving
forward.
MR. MCGUIGAN said the industry is not looking to expand the
categories of prohibited persons, and it supports the
restoration of rights provision included in HB 366. He stressed
that this is not a gun control or gun rights initiative. It is
simply an effort to make sure that persons who should not have
access to firearms do not have access. The person responsible
for the Virginia Tech shooting is a good example. His records
were not in the system but they should have been there. That
incident is what started the NICS Improvement Act and there have
been other shootings since then.
2:06:14 PM
CHAIR COGHILL asked if other states have had a similar law in
place long enough to have had a court proceeding.
MR. MCGUIGAN replied each state approaches the court proceedings
and restoration of rights differently. He discussed the
procedure in Rhode Island as an illustration.
CHAIR COGHILL said that HB 366 provides that the appeals for
restoration will be made directly to the court and the question
will be one of extraordinary burden.
MR. MCGUIGAN related that the Rhode Island bill envisions a
panel of mental health and other experts to make the decision
outside the court setting. NSSF is working to change that bill
because the panel is too extensive.
CHAIR COGHILL asked Ms. Meade if the court would have any
difficulty immediately transmitting the personal identifying
information set forth in Section 5 to the Department of Public
Safety.
MS. MEADE said immediate implementation is not a problem; the
courts could get the information, if it's known, to DPS on the
same day as an involuntary commitment was ordered. If the order
was late in the day, it would perhaps be the next day.
SENATOR WIELECHOWSKI asked if the courts contact the NICS system
in other circumstances.
MS. MEADE clarified that the court doesn't send the information
to NICS, but it does send information daily to other
departments. For example, the court sends an email to the
Division of Motor Vehicles with any action that's been taken on
people's driver's licenses. She believes the courts already sent
information to DPS, but would follow up to make certain.
CHAIR COGHILL asked who would report the information to NICS
once it's transmitted to DPS.
2:11:20 PM
KATHRYN MONFREDA, Chief, Criminal Records and Identification
Bureau, Division of Statewide Services, Department of Public
Safety (DPS), explained that dispositions on all criminal
actions are reported to the criminal Records section of DPS,
updated to the Alaska Public Safety Information Network (APSIN),
and forwarded to the FBI. The mental health commitments would
follow a similar process but the information would be
electronically transmitted to the NICS database instead of
APSIN.
CHAIR COGHILL asked the process for removing a name from the
NICS database.
MS. MONFREDA said DPS envisions developing an electronic system
to transmit the information to NICS. When DPS receives a relief
from disabilities, the same process would be used to remove the
information from the NICS index. Removing the name wouldn't be
any more difficult than adding a name.
2:13:29 PM
SENATOR WIELECHOWSKI asked how many people in the state of
Alaska are involuntarily committed or adjudicated with mental
illness.
MS. MEADE reported that about 200 30-day or longer mental health
commitments are filed each year and about 50 percent of those
are granted. The bill doesn't apply to the much more common
three-day commitments.
SENATOR WIELECHOWSKI asked if she had data for three-day
commitments.
MS. MEADE said the total mental health commitments filed in 2013
was 2,579 and the total in 2012 was 2,249.
CHAIR COGHILL commented on the reasons for three-day
commitments.
MS. MEADE said the court calls three-day commitments
hospitalizations or evaluation periods. At the end of the period
a small subset receives a further petition by doctors in order
for the court to adjudge them worthy of an involuntary
commitment.
SENATOR COGHILL asked Jill Montgomery to discuss the process and
ease with which a name is removed from the NICS database.
2:16:27 PM
JILL MONTGOMERY, Supervisory NICS Liaison at FBI, West Virginia,
said that record sharing with the FBI is voluntary from the
state perspective. The FBI views the state as the owner of the
record so the state has complete control over it. She assured
the committee that the FBI would have no questions about the
removal of a record.
CHAIR COGHILL said he wanted that assurance on the record.
SENATOR DYSON asked about the people who have chosen to have
themselves committed to API, but haven't gone through the
involuntary commitment process.
REPRESENTATIVE PRUITT said he understands the concern, but he
didn't know if there was a way to address the individuals who
choose to be committed.
2:21:26 PM
CHAIR COGHILL questioned why the Section 3 deletes the reference
to expunging records.
REPRESENTATIVE PRUITT deferred to Ms. Meade.
MS. MEADE said the existing law speaks to expunging or sealing
court records that are already identified as confidential. The
change in Section 3 allows people who have been committed to ask
the court to make their records even more secure by sealing
them. This makes the record unavailable to anyone who doesn't
have a court order. The sponsor graciously agreed to delete the
reference to expunging a record because the court never utterly
destroys a record.
2:24:23 PM
DARYL NELSON, President, Mind Freedom Alaska and Alaskans for
Disability Rights, Chugiak, Alaska, testified in opposition to
HB 366. The unintended consequence is that it may make it easier
to involuntarily commit a person, he said.
SENATOR DYSON said he appreciates the concern but it's not
warranted in this case.
MR. NELSON maintained his position.
2:28:09 PM
REPRESENTATIVE PRUITT read AS 47.30.730 and reassured Mr. Nelson
and others that the petition for a 30-day commitment isn't
random or arbitrary. Due process is in place.
CHAIR COGHILL said he wanted it clear that the process to get a
name removed from the NICS database is as easy as adding a name.
REPRESENTATIVE PRUITT said he worked closely with the NRA on
that key piece to assure Alaskans that their name could be
removed from the NICS database. Furthermore, the language in the
bill is in sync with federal language to ensure that the names
can be removed.
CHAIR COGHILL asked if that was the reference to 18 U.S.C.
922(g)(4).
REPRESENTATIVE PRUITT said he believes so.
2:32:07 PM
CHAIR COGHILL stated that he would hold HB 366 for further
consideration.
SB 184-JURY SERVICE EXEMPTION
2:32:59 PM
CHAIR COGHILL announced the consideration of SB 184. "An Act
relating to the exemption from jury service for certain
teachers." This was the first hearing.
2:33:05 PM
SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 184, introduced the legislation speaking to the
following sponsor statement: [Original punctuation provided.]
SB 184 directs the Department of Education and Early
Development to develop regulations defining "low
performing schools" for purposes of jury duty
exemption for teachers.
Current statute exempts from jury duty those teachers
working in schools that do not meet the Adequate
Yearly Progress (AYP) under No Child Left Behind
(NCLB). This provision effectively defines the term
"low performing" as not "meeting AYP." In May of 2013
when the State of Alaska received an exemption from
NCLB we invalidated our operating definition of low
performing.
In 2004, Representative Mary Kapsner introduced HB 353
which created the jury duty exemption based on AYP.
While jury duty is a privilege and duty of
citizenship, a higher duty is to the welfare of
children. A teacher chosen for jury duty on a long
term trial might be gone from a classroom for several
months. The idea of HB 353 was to provide stability to
underperforming classrooms.
Currently, the state rates schools using the 5 star
Alaska School Performance Index. The measurement tool
takes in consideration such factors as school
achievement, progress, attendance, graduation rate.
While the Department could use this 5 star system, we
believe it makes sense to allow them flexibility for
determining the performance measure and to not have to
seek a statute change for the jury duty issue any time
a performance metric is changed.
SENATOR GARDNER said she was not aware of any opposition to the
bill.
2:36:51 PM
CHAIR COGHILL stated he would hold SB 184 for further
consideration.
2:37:05 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:37 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Sponsor Statement.pdf |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |
| HB140CS(FIN)am Explanation of Changes.pdf |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |
| HB140CS(FIN)am Sectional Analysis.pdf |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |
| HB140CS(FIN)am Version G.A.pdf |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |
| Letters of Support.zip |
SJUD 4/9/2014 1:30:00 PM |
HB 140 |