Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/18/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB81 | |
| HB355 | |
| HB170 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 81 | TELECONFERENCED | |
| + | HB 355 | TELECONFERENCED | |
| += | HB 170 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| + | HB 216 | TELECONFERENCED | |
| + | HB 342 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 18, 2018
2:03 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Mike Shower
Senator Pete Kelly
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 81
"An Act relating to criminal and civil history requirements and
a registry regarding certain licenses, certifications, appeals,
and authorizations by the Department of Health and Social
Services; and providing for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 355(JUD)
"An Act relating to the crime of criminally negligent burning;
relating to protection of and fire management on forested land;
relating to prohibited acts and penalties for prohibited acts on
forested land; requiring the Alaska Supreme Court to establish a
bail schedule; and providing for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 170(JUD)
"An Act relating to securities, registration, exempt securities,
exempt transactions, broker-dealers, agents, investment advice,
investment advisers, investment adviser representatives, federal
covered securities, federal covered investment advisers,
viatical settlement interests, small intrastate security
offerings, Canadian broker-dealers, and Canadian agents;
relating to protecting older and vulnerable adults from
financial exploitation; relating to administrative, civil, and
criminal enforcement provisions, including restitution and civil
penalties for violations; relating to an investor training fund;
establishing increased civil penalties for harming older persons
and vulnerable adults; relating to corporations organized under
the Alaska Native Claims Settlement Act; amending Rules 4, 5,
54, 65, and 90, Alaska Rules of Civil Procedure, and Rule 602,
Alaska Rules of Appellate Procedure; and providing for an
effective date."
- MOVED SCS CSHB 170(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 208
"An Act relating to trusts and powers of appointment; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
CS FOR SS FOR HOUSE BILL NO. 216(FIN) AM
"An Act relating to trusts and powers of appointment; and
providing for an effective date."
- BILL HEARING CANCELED
HOUSE BILL NO. 342
"An Act relating to trusts and powers of appointment; and
providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 81
SHORT TITLE: DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/08/17 (S) READ THE FIRST TIME - REFERRALS
03/08/17 (S) HSS, JUD
02/02/18 (S) HSS AT 1:30 PM BUTROVICH 205
02/02/18 (S) Heard & Held
02/02/18 (S) MINUTE(HSS)
02/05/18 (S) HSS AT 1:30 PM BUTROVICH 205
02/05/18 (S) -- MEETING CANCELED --
03/14/18 (S) HSS AT 1:30 PM BUTROVICH 205
03/14/18 (S) Heard & Held
03/14/18 (S) MINUTE(HSS)
03/16/18 (S) HSS AT 1:30 PM BUTROVICH 205
03/16/18 (S) Moved CSSB 81(HSS) Out of Committee
03/16/18 (S) MINUTE(HSS)
03/19/18 (S) HSS RPT CS 2DP 2NR NEW TITLE
03/19/18 (S) NR: WILSON, MICCICHE
03/19/18 (S) DP: BEGICH, VON IMHOF
04/16/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/16/18 (S) <Above Item Removed from Agenda>
04/16/18 (S) MINUTE(JUD)
04/18/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 355
SHORT TITLE: FIRE;FOREST LAND; CRIMES;FIRE PREVENTION
SPONSOR(s): GUTTENBERG
02/16/18 (H) READ THE FIRST TIME - REFERRALS
02/16/18 (H) RES, JUD
02/28/18 (H) RES AT 1:00 PM BARNES 124
02/28/18 (H) Heard & Held
02/28/18 (H) MINUTE(RES)
02/28/18 (H) RES AT 6:00 PM BARNES 124
02/28/18 (H) Heard & Held
02/28/18 (H) MINUTE(RES)
03/05/18 (H) RES AT 1:00 PM BARNES 124
03/05/18 (H) Heard & Held
03/05/18 (H) MINUTE(RES)
03/09/18 (H) RES AT 1:00 PM BARNES 124
03/09/18 (H) Moved CSHB 355(RES) Out of Committee
03/09/18 (H) MINUTE(RES)
03/12/18 (H) RES RPT CS(RES) NT 4DP 3NR 1AM
03/12/18 (H) DP: LINCOLN, DRUMMOND, JOSEPHSON, TARR
03/12/18 (H) NR: BIRCH, PARISH, TALERICO
03/12/18 (H) AM: RAUSCHER
03/14/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/14/18 (H) Heard & Held
03/14/18 (H) MINUTE(JUD)
03/19/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/19/18 (H) Heard & Held
03/19/18 (H) MINUTE(JUD)
03/26/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/26/18 (H) Scheduled but Not Heard
03/30/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/30/18 (H) <Bill Hearing Canceled>
04/02/18 (H) JUD AT 1:00 PM GRUENBERG 120
04/02/18 (H) Heard & Held
04/02/18 (H) MINUTE(JUD)
04/02/18 (H) JUD AT 7:00 PM GRUENBERG 120
04/02/18 (H) Moved CSHB 355(RES) Out of Committee
04/02/18 (H) MINUTE(JUD)
04/04/18 (H) JUD RPT CS(JUD) NT 3DP 1NR 2AM
04/04/18 (H) DP: KREISS-TOMKINS, STUTES, CLAMAN
04/04/18 (H) NR: LEDOUX
04/04/18 (H) AM: EASTMAN, KOPP
04/09/18 (H) TRANSMITTED TO (S)
04/09/18 (H) VERSION: CSHB 355(JUD)
04/10/18 (S) READ THE FIRST TIME - REFERRALS
04/10/18 (S) JUD
04/17/18 (S) JUD AT 9:00 AM BELTZ 105 (TSBldg)
04/17/18 (S) Heard & Held
04/17/18 (S) MINUTE(JUD)
04/18/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 170
SHORT TITLE: AK SECURITIES ACT; PENALTIES; CRT. RULES
SPONSOR(s): LABOR & COMMERCE
03/10/17 (H) READ THE FIRST TIME - REFERRALS
03/10/17 (H) L&C, JUD
03/24/17 (H) L&C AT 3:15 PM BARNES 124
03/24/17 (H) Heard & Held
03/24/17 (H) MINUTE(L&C)
03/27/17 (H) L&C AT 3:15 PM BARNES 124
03/27/17 (H) Moved HB 170 Out of Committee
03/27/17 (H) MINUTE(L&C)
03/29/17 (H) L&C RPT 6DP 1NR
03/29/17 (H) DP: SULLIVAN-LEONARD, STUTES, WOOL,
JOSEPHSON, BIRCH, KITO
03/29/17 (H) NR: KNOPP
04/07/17 (H) JUD AT 1:00 PM GRUENBERG 120
04/07/17 (H) Heard & Held
04/07/17 (H) MINUTE(JUD)
04/11/17 (H) JUD AT 5:30 PM GRUENBERG 120
04/11/17 (H) Heard & Held
04/11/17 (H) MINUTE(JUD)
04/12/17 (H) JUD AT 1:00 PM GRUENBERG 120
04/12/17 (H) Moved CSHB 170(JUD) Out of Committee
04/12/17 (H) MINUTE(JUD)
04/13/17 (H) JUD RPT CS(JUD) NT 1DP 4NR
04/13/17 (H) DP: CLAMAN
04/13/17 (H) NR: EASTMAN, KOPP, KREISS-TOMKINS,
FANSLER
04/17/17 (H) TRANSMITTED TO (S)
04/17/17 (H) VERSION: CSHB 170(JUD)
05/01/17 (S) READ THE FIRST TIME - REFERRALS
05/01/17 (S) L&C, JUD
03/19/18 (S) L&C AT 6:00 PM BELTZ 105 (TSBldg)
03/19/18 (S) Heard & Held
03/19/18 (S) MINUTE(L&C)
04/02/18 (S) L&C AT 9:00 AM BELTZ 105 (TSBldg)
04/02/18 (S) Scheduled but Not Heard
04/14/18 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/14/18 (S) Moved SCS CSHB 170(L&C) Out of
Committee
04/14/18 (S) MINUTE(L&C)
04/15/18 (S) L&C RPT SCS 2DP 1NR SAME TITLE
04/15/18 (S) DP: COSTELLO, MEYER
04/15/18 (S) NR: GARDNER
04/17/18 (S) JUD AT 9:00 AM BELTZ 105 (TSBldg)
04/17/18 (S) Heard & Held
04/17/18 (S) MINUTE(JUD)
04/18/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
STACIE KRALY, Chief Assistant Attorney General
Human Services Section
Civil Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Introduced SB 81 on behalf of the
administration.
ALLIANA SALANGUIT, Staff
Representative David Guttenberg
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes that appear in version
U of HB 355.
CHRIS MAISCH, State Forester and Director
Division of Forestry
Department of Natural Resources (DNR)
Fairbanks, Alaska
POSITION STATEMENT: Answered questions and provided supporting
testimony for HB 355.
JEFF TUCK, President
Alaska Fire Chiefs Association
Kenai, Alaska
POSITION STATEMENT: Testified in support of HB 355.
AARON PETERSON, Assistant Attorney General
Office of Special Prosecutions
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to HB 355.
CRYSTAL KOENEMAN, Staff
Representative Sam Kito
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions related to HB 170 on
behalf of the sponsor.
KRISTY NAYLOR, Acting Director
Division of Banking and Securities
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Provided some history and supporting
testimony for HB 170.
ACTION NARRATIVE
2:03:48 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 2:03 p.m. Present at the call to
order were Senators Shower, Costello, and Chair Coghill.
Senators Wielechowski and Kelly joined the committee soon
thereafter.
SB 81-DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK
2:04:34 PM
CHAIR COGHILL announced the consideration of SB 81. [CSSB
81(HSS) was before the committee.]
2:04:43 PM
STACIE KRALY, Chief Assistant Attorney General, Human Services
Section, Civil Division, Department of Law, Juneau, Alaska,
thanked the committee for hearing SB 81, relating to required
background checks for participation in programs such as Medicaid
and foster care. She explained that the bill is a technical
amendment to statutes that were enacted in 2005. It will improve
fairness for applicants without compromising the health, safety,
and welfare of the individuals who receive services. She noted
that background checks are required for anybody who provides
services that are paid for entirely or in part by the Department
of Health and Social Services.
MS. KRALY said SB 81 does three primary things:
• It conforms the criminal history statutes to clarify what
constitutes a civil history check.
• It renames two registries in current statute:
• The child abuse and neglect registry that is
maintained by the Office of Children's Services; and
• The civil history check registry that is maintained by
the Background Check Program within DHSS.
• It edits the licensing statutes in AS 47.32 to ensure the
state is meeting the health, safety, and welfare of
individuals receiving care in foster homes and assisted
living facilities. This includes: sharing information
without court orders or search warrants, and investigation
of individuals if they abuse or neglect a person in care,
as opposed to focusing solely on the entity.
MS. KRALY opined that SB 81 will maintain efficiencies, save
money, and provide better information for the people the state
regulates.
2:07:28 PM
CHAIR COGHILL asked if the ombudsman endorses these changes.
MS. KRALY answered yes; the Department of Health and Social
Services, the Department of Law, the Office of the Ombudsman,
and the Health and Social Services committees of both bodies
support the current committee substitute.
2:07:56 PM
SENATOR WIELECHOWSKI joined the committee.
CHAIR COGHILL advised that the Office of the Ombudsman is part
of the legislative branch.
SENATOR KELLY joined the committee.
2:08:30 PM
MS. KRALY provided an overview of the sections of SB 81 speaking
to the following document:
Section 1. Amends Title 12 of the Alaska statutes to
bring the Department of Public Safety criminal
background check process into compliance with federal
law; specifically, this amendment allows public safety
[to]share criminal history information with the
Department of Health and Social Services.
Section 2. This section makes conforming edits to
rename "Centralized Registry" to the "the civil
history database check" (AS 47.05.330) to more
accurately describe the current practice and avoids
confusion with the "the central registry" in AS
47.17.040 (see section 14).
Sections 3 and 4. These sections would amend AS
47.05.310(b) and 47.32.310(d) to clarify that barrier
crimes apply to individuals as well as entities.
Section 5. This section would amend AS 47.05.310(e) to
allow an individual to seek a background check. Under
the current law, only entities can seek a background
check. This section would also remove, at the request
of the Department of Public Safety, the designation of
the Department of Health and Social Services (DHSS) as
a criminal justice agency for purpose of the
background check program. (see also section 1).
Section 6. This section would amend AS 47.05.310(f) to
make it clear that DHSS may in addition to
exceptions to the barrier crime provisions approve a
variance for a barrier crime.
Section 7. This section would amend AS 47.05.310(h) to
address how a non-licensed provider, such as a
relative who is receiving payment by the Office of
Children's Services, is treated under the statute.
This amendment would make it clear that such
providers, while not being paid by DHSS, are still
subject to background checks prior to placement.
Section 8. This section would add a new section to AS
47.05.310 to address immunity from civil or criminal
liability for reporting during the background check
process.
Section 9. This section would provide a similar
framework for the civil history database checks as
background checks (see AS 47.05.310). This means that
the same process applies to a person who is found to
have a barring criminal conviction under AS 47.05.310
as well as a barring civil finding under AS 47.05.330.
Section 10. This section would repeal and reenact
current statute to outline how the department will
review existing databases, rather than create a
separate database for the civil history checks. This
section further provides that information reviewed
would be confidential and is not subject to a public
records request.
Specifically, this section:
? Clarifies that we are looking to evaluate health,
safety, and welfare issues when reviewing databases
related to licensed entities, not technical violations
that may lead to a nonrenewal, suspension or
revocation of a license;
? Clarifies that we are looking to identify persons
whose children are subjects of a child in need of aid
petition;
? Clarifies that we are looking to evaluate health,
safety, and welfare issues when reviewing databases
related to licensed providers (occupational licensing
under AS 08), not unrelated technical violations;
? Adds that a person who works for the state not
just the Department of Health and Social Services is
subject to a barring condition if they are terminated
from employment for a substantiated allegation of
assaultive, neglectful, or exploitive behavior.
Section 11. This would amend the current immunity
section to reflect the change to civil history
database check.
2:11:01 PM
SENATOR WIELECHOWSKI directed attention to the language in
Section 10 on page 6, lines 23-26. He asked if the databases the
department will identify for review are limited to Alaska
databases.
MS. KRALY said no; a primary database DHSS reviews is the Office
of Inspector General Database for Medicare and Medicaid
exclusions and fraud. Individuals on that list are prohibited
from participating in the state's Medicaid Program.
SENATOR WIELECHOWSKI asked if DHSS could use exclusionary
information from a database it had not identified if someone
brought that information to their attention.
MS. KRALY explained that the regulations that outline the
databases DHSS currently uses would need to be amended before
they could rely on a new database to exclude someone.
She continued the sectional summary for SB 81.
Section 12. This would establish a new section to
address the ability to seek a variance for any finding
under this chapter and how to appeal a decision if
there is disagreement with any decision made by DHSS,
including providing a legal mechanism to share
information held by the Office of Children's Services
for proposes of pursing a variance.
Section 13. This section would amend AS 47.05.390(6)
to expand the definition of "entity" to include an
individual service provider.
Section 14. This section amends AS 47.10.093(b) to
allow for the sharing of information in the possession
of OCS that will be necessary to pursue a variance as
provided in section 12 of this bill.
Section 15. This section would rename the central
registry maintained by the Office of Children's
Services to the "child protection registry" to avoid
confusion [between names in existing statute.] It also
clarifies what is maintained on this registry,
including substantiated findings under AS 47.10 or AS
47.17.
Section 16. This new subsection would clarify that
before a substantiated finding can be placed on the
child protection registry, the person must have been
afforded notice of the finding and the opportunity to
challenge the finding.
Section 17. This section would make a conforming edit
to AS 47.32.010(c) replacing the centralized registry
with civil history database check.
Section 18. This section would amend AS 47.32 to
provide authority for DHSS to consider prior adverse
licensing findings in determining whether to grant or
deny a license or whether to place a condition on a
license.
Section 19. This would add a new section to make it
clear that when there is an allegation that an
employee or individual affiliated with a licensed
entity is alleged to have engaged in any behavior that
would impact the safety or welfare of a resident, the
department may investigate that individual and issue a
report on the findings of that investigation. This
section would further provide that if a finding of
abuse or neglect is substantiated then that finding
will be part of the civil registry process and may
result in a person being prohibited from employment or
licensure in the future. This section would also make
it clear that before such a finding can be used, due
process must be afforded.
Section 20. This is technical fix to rename the
"registry" to the "civil history database."
Section 21. This is technical fix that would clarify
when formal hearings are required when an enforcement
action is taken after a licensing investigation.
Section 22. This would add a new section to clarify
that when law enforcement is investigating a crime
that is also the subject of a licensing investigation,
the material gathered by DHSS may be shared with the
law enforcement as a matter of law in a concurrent
investigation.
Section 23. This section would clarify that all
divisions who implement AS 47.32 may share information
with each other for the purpose of administering the
licensing programs at DHSS.
Section 24. This section would repeal reference to
provisions of the current law that are no longer
necessary as a result of the prior sections of this
bill.
Section 25. This is an applicability section for
purposes of applying the criminal and civil background
checks before, on, or after the effective date of this
act.
Section 26. This section would advise the revisor
regarding title changes to reflect amendments in this
act, including the change to include the civil history
registry.
Section 27. This provides for an immediate effective
date.
2:15:34 PM
SENATOR COSTELLO asked if she foresees a problematic transition
period if additional background checks are needed.
MS. KRALY said no, because the bill doesn't change the existing
background check process.
SENATOR WIELECHOWSKI directed attention to the language in
Section 15 on page 10 that requires DHSS to maintain a child
protection registry. He asked if there is a limit on how long
that information must be kept.
MS. KRALY advised that it refers to the Online Resource for the
Children of Alaska (ORCA) database that is required by federal
law and maintained by the Office of Children's Services. That
information is maintained under public records almost in
perpetuity due to the age of the individuals.
SENATOR WIELECHOWSKI asked if the information in that registry
is discoverable under the Freedom of Information Act.
MS. KRALY said no.
2:17:08 PM
CHAIR COGHILL stated he would hold SB 81 in committee and bring
it up again tomorrow.
HB 355-FIRE;FOREST LAND; CRIMES;FIRE PREVENTION
2:18:06 PM
CHAIR COGHILL announced the consideration of HB 355 and noted
the proposed committee substitute (CS).
2:18:48 PM
SENATOR COSTELLO moved to adopt the Senate CS for CSHB 355,
version 30-LS1382\U, as the working document.
2:18:59 PM
CHAIR COGHILL objected for an explanation of the changes.
2:19:04 PM
ALLIANA SALANGUIT, Staff, Representative David Guttenberg,
Alaska State Legislature, Juneau, Alaska, explained that version
U of HB 355 updates the language in Section 8, page 3, line 11-
15. It reads:
Sec. 41.15.070. Disposal of burning materials. During
the fire season or a burn closure or restriction
established under AS 41.15.050, a person may not
discard any lighted tobacco, cigar, cigarette, match,
firecracker, or other burning material on forested
land.
She advised that this conforming change makes Section 8
consistent with Section 5 that talks about fire season.
CHAIR COGHILL asked if this addressed the inconsistency that
Senator Wielechowski brought up in a previous meeting.
MS. SALANGUIT said yes.
SENATOR WIELECHOWSKI asked if littering laws, and perhaps
others, would prohibit someone from discarding these materials
during any season.
2:20:21 PM
CHRIS MAISCH, State Forester and Director, Division of Forestry,
Department of Natural Resources (DNR), Fairbanks, Alaska,
replied he was not aware of any laws the Division of Forestry
would enforce, but local laws may prevent people from discarding
trash or other materials. Section 8 now conforms with the
purpose of fire protection in Section 5.
SENATOR WIELECHOWSKI said he was satisfied.
2:20:54 PM
CHAIR COGHILL removed his objection and version U was adopted.
He noted the proposed amendments and advised that if any were
adopted they would be conformed to version U. He opened public
testimony.
2:22:38 PM
JEFF TUCK, President, Alaska Fire Chiefs Association, Kenai,
Alaska, testified in support of HB 355. It will provide the
Division of Forestry with prevention tools to better do their
job. He expressed hope that the proposed amendments would do the
same.
CHAIR COGHILL asked Senator Shower to present the proposed
amendments.
2:23:53 PM
SENATOR SHOWER moved Amendment 1, labeled 30-LS1382\O.16.
30-LS1382\O.16
Radford
4/18/18
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSHB 355(JUD)
Page 2, line 16:
Delete "investigating,"
Page 4, line 16-17:
Delete ",investigate,"
CHAIR COGHILL objected.
SENATOR SHOWER explained that this and the other amendments
address what he views to be enforcement powers that are too
broad and vague. He opined that "investigating" is not
applicable to the title. The same reasoning applies to the
deletion on page 4.
2:25:28 PM
MS. SALANGUIT advised that the sponsor opposes the amendment.
She noted that this and the other amendments were presented in
the other body and were not adopted.
2:25:41 PM
SENATOR WIELECHOWSKI asked Mr. Maisch why the Division of
Forestry needs the ability to investigate.
MR. MAISCH replied the division's fire prevention officers are
specifically trained in the cause and determination of wildland
fires. This is expertise that other state agencies do not have.
He explained that the ability to investigate is important when
there are smoke reports. He highlighted that following a fire
emergency, an individual's constitutional rights are maintained
and warrants are used to do more detailed investigations.
2:26:37 PM
At ease
CHAIR COGHILL asked Senator Shower if he maintained the
amendment.
SENATOR SHOWER said yes.
CHAIR COGHILL asked for a roll call.
2:26:46 PM
A roll call vote was taken. Senators Shower and Kelly voted in
favor of Amendment 1 and Senators Costello, Wielechowski, and
Coghill voted against it. Therefore, Amendment 1 failed by a 2:3
vote.
2:27:35 PM
SENATOR SHOWER moved Amendment 2, labeled 30-LS1382\O.17.
30-LS1382\O.17
Radford
4/17/18
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSHB 355(JUD)
Page 2, lines 14-15:
Delete "or administering the provisions of this
chapter"
CHAIR COGHILL objected.
SENATOR SHOWER said the reasoning is the same as with the
previous amendment. The powers this language grants are too
broad when the paragraph specifically talks about the right of
entry to control and suppress fires. He opined that this needs
to be rewritten and placed in a separate section.
MS. SALANGUIT stated that the sponsor opposes this amendment. It
is more restrictive for the division and would allow permits to
be issued only for setting fires and the use of burning devices.
MR. MAISCH confirmed that Amendment 2 would be more restrictive
and would limit the division right to enter only during an
emergency to suppress and control wildland fires.
CHAIR COGHILL asked Senator Shower if it was his intention to
make it more restrictive.
SENATOR SHOWER said he didn't believe it would be more
restrictive. His view is that the amendment makes enforcing this
chapter less restrictive for the division. It does not stop them
from responding to and controlling and suppressing wildland
fires or suspected wildland fires.
MR. MAISCH pointed out that one of the sections talks about
other types of land uses. This includes things like timber
harvesting and land clearing, both of which could cause fires.
The amendment would prevent the division's ability to work under
those scenarios.
2:29:47 PM
CHAIR COGHILL maintained his objection to Amendment 2.
SENATOR WIELECHOWSKI asked for more examples of why this power
is needed.
MR MAISCH said other provisions of this chapter include the
section that refers to destructive agents such as insect
infestations. AS 41.17.082(d) outlines the process the
commissioner must use to identify a zone of infestation and deal
with the destructive agents. The proposed amendment would
restrict that authority.
CHAIR COGHILL asked for a roll call.
2:31:04 PM
A roll call vote was taken. Senator Shower voted in favor of
Amendment 2 and Senators Wielechowski, Kelly, Costello, and
Coghill voted against it. Therefore, Amendment 2 failed by a 1:4
vote.
2:31:34 PM
SENATOR SHOWER moved Amendment 3, labeled 30-LS1382\O.18.
30-LS1382\O.18
Radford
4/17/18
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSHB 355(JUD)
Page 3, lines 7-9:
Delete all material and insert:
"(b) A person may not set fires or use
burning devices without a permit as
prescribed by the commissioner in
regulation."
CHAIR COGHILL objected
SENATOR SHOWER said the amendment addresses the concern that the
language is too broad for what the section tries to accomplish.
SENATOR COSTELLO asked if the phrase "conduct other activities"
is balanced by the phrase "without a permit as described." She
questioned whether a permit would be required to smoke a
cigarette.
MR. MAISCH said the division opposes Amendment 3. Other
activities refers to other types of land uses such as timber
harvest and land clearing, both of which would require a permit
during fire season. A permit would not be required to smoke a
cigarette.
SENATOR WIELECHOWSKI asked if mowing a lawn would be an example
of an activity that could increase fire danger, given that
hitting a rock could cause a spark and ignite a fire.
MR. MAISCH said yes. In a similar example, a hot saw hit a rock
during timber harvest and started a large forest fire.
SENATOR WIELECHOWSKI asked to which lands and what times of year
Section 7 applies.
MR. MAISCH replied it applies to forested lands during the fire
season or other times prescribed by the commissioner. The
definition of "forested lands" is broad and would include a
lawn.
SENATOR WIELECHOWSKI asked if a permit is needed to mow your
lawn.
MR. MAISCH clarified that a permit is not required but an
individual could be cited if it causes a fire.
SENATOR WIELECHOWSKI asked about using a firearm outside.
MR. MAISCH said a permit is not needed to use a firearm but
anything that can start a fire could be considered under the
statute. The purpose of the broad statute is to prevent the risk
to public safety that occurs with such ignition devices.
SENATOR WIELECHOWSKI maintained that the bill would require a
permit to use a firearm.
He said he would support the amendment because the language in
Section 7 is far too broad at this point.
2:35:35 PM
At ease
2:35:40 PM
CHAIR COGHILL reconvened the meeting and maintained his
objection to Amendment 3. His understanding is that the broader
language would only be used during imminent fire danger.
SENATOR WIELECHOWSKI said this would apply to all forested land
(including lawns) during fire season, which is overbroad.
CHAIR COGHILL asked for a roll call.
2:36:57 PM
A roll call vote was taken. Senators Wielechowski, Kelly, and
Shower voted in favor of Amendment 3 and Senators Costello and
Coghill voted against it. Therefore, Amendment 3 passed by a 3:2
vote.
2:37:39 PM
SENATOR SHOWER moved Amendment 4, LS-301382\O.19.
30-LS1382\O.19
Radford
4/17/18
AMENDMENT 4
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSHB 355(JUD)
Page 6, following line 16:
Insert a new bill section to read:
"* Sec. 21. AS 41.15.950 is amended by adding a new
subsection to read:
(c) A person is not required under this
section to disclose a deadly weapon under
AS 11.61.220(a)(1)(A) to a peace officer
described under (a)(1) of this section."
Renumber the following bill sections accordingly.
Page 7, line 2:
Delete "sec. 21"
Insert "sec. 22"
Page 7, line 3:
Delete "sec. 21" in both places
Insert "sec. 22" in both places
Page 7, line 4:
Delete "Sections 23 and 24"
Insert "Sections 24 and 25"
Page 7, line 5:
Delete "sec. 25"
Insert "sec. 26"
CHAIR COGHILL objected.
SENATOR SHOWER explained that the amendment is intended to avoid
potential conflicts between firemen who are not law enforcement
and citizens who are armed and do not have the duty to disclose.
CHAIR COGHILL asked Ms. Salanguit if the sponsor had seen the
proposed amendment.
MS. SALANGUIT said yes and the Department of Law could speak to
it.
2:40:00 PM
AARON PETERSON, Assistant Attorney General, Office of Special
Prosecutions, Criminal Division, Department of Law, Anchorage,
Alaska, said the way it stands now is that there is a
reasonableness requirement that the person who knowingly
possesses a concealed firearm is reckless that the person
contacting them is a peace officer. Under the circumstance of a
fireman who is dressed in a lime green uniform, it would not be
reckless to be unaware that a fireman is a peace officer.
SENATOR WIELECHOWSKI asked if this refers to Sec. 11.61.220
(a)(1)(A) which is the affirmative duty to disclose to a police
officer that you have a firearm.
MR. PETERSON said yes.
SENATOR WIELECHOWSKI asked if he agrees that the amendment
clarifies that an individual does not have an affirmative duty
to disclose to a peace officer that they have a firearm in their
possession.
MR. PETERSON confirmed that the amendment would codify that an
individual would never have the duty to disclose a concealed
firearm, even if the fire prevention officer (FPO) was dressed
as a peace officer.
2:43:54 PM
SENATOR SHOWER said the amendment tries to clarify that for the
purpose of enforcing this chapter. Sec. 41.15.950(a)(1)
identifies an employee of the department or other person
authorized by the commissioner as peace officers of the state,
regardless of their dress.
CHAIR COGHILL asked Mr. Peterson if he had a comment.
MR. PETERSON said no; he understands the intent of the
amendment.
SENATOR WIELECHOWSKI said his question was who is defined as a
peace officer and Sec. 41.15.950(a) appears to be fairly broad.
MR. PETERSON said there are numerous definitions of peace
officer throughout the statutes, but the definition in Title 41
is for the purpose of enforcing Title 41.
2:45:33 PM
SENATOR SHOWER withdrew Amendment 4.
2:45:56 PM
CHAIR COGHILL held HB 355 in committee.
HB 170-AK SECURITIES ACT; PENALTIES; CRT. RULES
2:46:23 PM
CHAIR COGHILL announced the consideration of HB 170. [SCS CSHB
170(L&C) was before the committee.] He asked if there were any
more questions for the committee to consider.
2:47:30 PM
SENATOR WIELECHOWSKI asked if HB 170 was the same or
substantially different than securities bills that have come
before the committee in years past.
2:47:49 PM
CRYSTAL KOENEMAN, Staff, Representative Sam Kito III, Alaska
State Legislature, Juneau, Alaska, said HB 170 has been around
since 2010. It was important to the former director of the
Division of Banking and Securities, Kevin Anselm, and her
predecessor.
CHAIR COGHILL added that the bill always gets caught up in the
end of session because it's so dense. The industry has had
significant input and the current division director wants to
testify today.
2:49:08 PM
KRISTY NAYLOR, Acting Director, Division of Banking and
Securities, Department of Commerce, Community and Economic
Development (DCCED), Anchorage, Alaska, said HB 170 is a
consumer protection bill that enhances the administrative civil
and criminal penalties. The hope is that the additional consumer
protections will benefit Alaskans as a whole. The bill looks
larger than it really is because it completely repeals and
reenacts the statutes. Most of the existing Securities Act
provisions remain in place but are reorganized.
CHAIR COGHILL asked her to discuss why the bill separates
securities from the Alaska Native Settlement Act (ANCSA).
MS. NAYLOR explained that the ANCSA was placed in the Securities
Act when it passed because the federal government directed ANCSA
corporation proxy solicitations to be regulated the way the FCC
regulates proxy solicitations of publicly traded corporations.
However, it doesn't make sense to have the same regulatory
procedures as for broker dealers and investment advisors when
ANCSA corporations are so unique and the proxy solicitation
regulation is so individualized. Rather, it makes more sense to
leave the ANCSA provisions where they are and move the
securities provisions to another chapter and regulate them
separately.
2:52:09 PM
CHAIR COGHILL said he wanted the members to understand that
history. He asked if there was any objection to moving the bill.
2:52:49 PM
SENATOR WIELECHOWSKI asked if the bill had any opposition.
MS. KOENEMAN replied none that they were aware of through prior
committee hearings.
2:53:23 PM
SENATOR COSTELLO moved to report the Senate CS for CS for HB
170(L&C), version R, from committee with individual
recommendations and attached fiscal note(s).
2:53:41 PM
CHAIR COGHILL found no objection and SCS CSHB 170(L&C) moved
from the Senate Judiciary Standing Committee
2:53:54 PM
At ease
2:55:51 PM
CHAIR COGHILL reconvened the meeting and reviewed the agenda for
tomorrow.
2:58:49 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:58 p.m.