Legislature(2005 - 2006)BUTROVICH 205

02/01/2006 08:30 AM JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE TELECONFERENCED
Heard & Held
+= HB 101 SEX TOURISM TELECONFERENCED
Moved SCS CSHB 101(JUD) Out of Committee
+= HB 148 TRAFFICKING OF PERSONS TELECONFERENCED
Moved SCS CSHB 148(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        February 1, 2006                                                                                        
                           8:37 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 10                                                                                                              
"An Act relating to liability for destruction of property by                                                                    
unemancipated minors; and providing for an effective date."                                                                     
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 101(JUD) am                                                                                               
"An Act relating to sex tourism."                                                                                               
     MOVED SCS CSHB 101(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 148(JUD)                                                                                                  
"An Act relating to human trafficking; and providing for an                                                                     
effective date."                                                                                                                
     MOVED SCS CSHB 148(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: SB 10                                                                                                                   
SHORT TITLE: PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                                              
SPONSOR(s): SENATOR(s) GUESS, DYSON                                                                                             
                                                                                                                                
01/11/05       (S)       PREFILE RELEASED 12/30/04                                                                              
01/11/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/11/05       (S)       HES, JUD                                                                                             
01/19/05       (H)       HES AT 1:30 PM SENATE FINANCE 532                                                                      
01/19/05       (S)       Heard & Held                                                                                           
01/19/05       (S)       MINUTE(HES)                                                                                            
01/26/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
01/26/05       (S)       -- Meeting Canceled --                                                                                 
04/04/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/04/05       (S)       Heard & Held                                                                                           
04/04/05       (S)       MINUTE(HES)                                                                                            
04/06/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                         
04/06/05       (S)       Scheduled But Not Heard                                                                                
04/11/05       (S)       HES AT 1:45 PM BUTROVICH 205                                                                           
04/11/05       (S)       Moved CSSB 10(HES) Out of Committee                                                                    
04/11/05       (S)       MINUTE(HES)                                                                                            
04/12/05       (S)       HES RPT CS FORTHCOMING 2DP 3NR                                                                         
04/12/05       (S)       DP: DYSON, OLSON                                                                                       
04/12/05       (S)       NR: WILKEN, ELTON, GREEN                                                                               
04/13/05       (S)       HES CS RECEIVED NEW TITLE                                                                              
01/19/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
01/19/06       (S)       Scheduled But Not Heard                                                                                
01/24/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
01/24/06       (S)       Scheduled But Not Heard                                                                                
01/25/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
01/25/06       (S)       Heard & Held                                                                                           
01/25/06       (S)       MINUTE(JUD)                                                                                            
02/01/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 101                                                                                                                  
SHORT TITLE: SEX TOURISM                                                                                                        
SPONSOR(s): REPRESENTATIVE(s) CROFT                                                                                             
                                                                                                                                
01/21/05       (H)       READ THE FIRST TIME - REFERRALS                                                                      
01/21/05       (H)       JUD, FIN                                                                                               
03/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/05       (H)       Heard & Held                                                                                           
03/07/05       (H)       MINUTE(JUD)                                                                                            
03/18/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/05       (H)       Heard & Held                                                                                           
03/18/05       (H)       MINUTE(JUD)                                                                                            
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/05       (H)       Moved CSHB 101(JUD) Out of Committee                                                                   
04/01/05       (H)       MINUTE(JUD)                                                                                            
04/04/05       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
04/04/05       (H)       DP: KOTT, GRUENBERG, DAHLSTROM, GARA,                                                                  
                         MCGUIRE                                                                                                
04/21/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/21/05       (H)       <Bill Hearing Postponed>                                                                               
04/22/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/22/05       (H)       Moved CSHB 101(JUD) Out of Committee                                                                   
04/22/05       (H)       MINUTE(FIN)                                                                                            
04/25/05       (H)       FIN RPT CS(JUD) NT 9DP                                                                                 
04/25/05       (H)       DP:   HAWKER,    HOLM,   CROFT,   JOULE,                                                               
                         STOLTZE, MOSES, KELLY, MEYER, CHENAULT                                                                 
05/03/05       (H)       TRANSMITTED TO (S)                                                                                   
05/03/05       (H)       VERSION: CSHB 101(JUD) AM                                                                              
05/04/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/04/05       (S)       JUD, FIN                                                                                               
01/25/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
01/25/06       (S)       Heard & Held                                                                                           
01/25/06       (S)       MINUTE(JUD)                                                                                            
02/01/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 148                                                                                                                  
SHORT TITLE: TRAFFICKING OF PERSONS                                                                                             
SPONSOR(s): REPRESENTATIVE(s) KERTTULA                                                                                          
                                                                                                                                
02/14/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (H)       JUD, FIN                                                                                               
03/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/05       (H)       Heard & Held                                                                                           
03/07/05       (H)       MINUTE(JUD)                                                                                            
03/18/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/05       (H)       Heard & Held                                                                                           
03/18/05       (H)       MINUTE(JUD)                                                                                          
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/05       (H)       Moved CSHB 148(JUD) Out of Committee                                                                   
04/01/05       (H)       MINUTE(JUD)                                                                                            
04/06/05       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
04/06/05       (H)       DP: KOTT, GRUENBERG, DAHLSTROM, GARA,                                                                  
                         MCGUIRE                                                                                                
04/22/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/22/05       (H)       <Bill Hearing Postponed>                                                                               
04/29/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/29/05       (H)       Moved CSHB 148(JUD) Out of Committee                                                                   
04/29/05       (H)       MINUTE(FIN)                                                                                            
04/30/05       (H)       FIN RPT CS(JUD) NT 8DP 1NR                                                                             
04/30/05       (H)       DP: HAWKER, CROFT, HOLM, WEYHRAUCH,                                                                    
                         JOULE, MOSES, FOSTER, MEYER;                                                                           
04/30/05       (H)       NR: KELLY                                                                                              
05/04/05       (H)       TRANSMITTED TO (S)                                                                                     
05/04/05       (H)       VERSION: CSHB 148(JUD)                                                                                 
05/05/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/05/05       (S)       JUD, FIN                                                                                               
01/25/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
01/25/06       (S)       Heard & Held                                                                                           
01/25/06       (S)       MINUTE(JUD)                                                                                            
02/01/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                              
Stacey Steinberg, Statewide Section Chief                                                                                       
Collections and Support Section                                                                                                 
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 10                                                                                       
Larry Widgett, Director                                                                                                         
Government Relations                                                                                                            
Anchorage School District                                                                                                       
4600 DeBar Road                                                                                                                 
Anchorage, AK 99508                                                                                                             
POSITION STATEMENT:  Testified in support of SB 10                                                                            
                                                                                                                                
Bruce Johnson                                                                                                                   
Association of Alaska School Boards                                                                                             
         th                                                                                                                     
1111 W. 9 St                                                                                                                    
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Testified in support of SB 10                                                                            
                                                                                                                                
Mary Frances, Executive Director                                                                                                
School Administrators Association                                                                                               
POSITION STATEMENT:  Testified in support of SB 10                                                                            
                                                                                                                                
Anne Carpeneti, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 10                                                                                       
                                                                                                                                
Tony Newman, Program Officer                                                                                                    
Division of Juvenile Justice                                                                                                    
Department of Health & Social Services                                                                                          
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Commented on SB 10                                                                                       
                                                                                                                                
Representative Eric Croft                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 101                                                                                        
                                                                                                                                
Representative Beth Kerttula                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 148                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:37:36 AM.  Present were Senators                                                             
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
Seekins.                                                                                                                        
          SB 10-PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                                       
                                                                                                                                
8:38:01 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 10 to be up for consideration.                                                                 
                                                                                                                                
SENATOR GRETCHEN GUESS  moved to adopt CSSB 10, version  W as the                                                               
working document before the committee.  Hearing no objection, the                                                               
motion carried.                                                                                                                 
                                                                                                                                
8:38:51 AM                                                                                                                    
SENATOR  GUESS,  sponsor  of  SB  10, offered  to  start  off  by                                                               
reporting her  answers to the  questions that were  raised during                                                               
the previous  hearing of the  bill. She said currently  the state                                                               
is not  liable for  acts of vandalism  committed by  children who                                                               
are  in  state's  custody. She  suggested  the  committee  decide                                                               
whether or  not to hold the  state liable in this  situation. She                                                               
said  constitutional  issues  could arise  from  the  committee's                                                               
decision  because  SB 10  is  a  bill concerning  crimes  against                                                               
property instead  of people. She  recommended that  the committee                                                               
make its  decision with  regard to the  best policy  decision and                                                               
then resolve constitutional issues as they arise.                                                                               
                                                                                                                                
With regard  to an earlier  question by Senator French,  she said                                                               
the  same collections  process that  is applied  to other  adults                                                               
would be applied to juvenile perpetrators when they become 18.                                                                  
                                                                                                                                
With regard  to an  earlier question by  Chair Seekins,  she said                                                               
credit-reporting  agencies are  informed of  outstanding payments                                                               
owed  by  perpetrators  to  victims   so  that  wouldn't  be  any                                                               
different than with the average person.                                                                                         
                                                                                                                                
With regard  to an earlier  concern of  Mr. Newman, she  said she                                                               
has an  amendment to allow  juveniles to use vehicles  to fulfill                                                               
the conditions of their parole.                                                                                                 
                                                                                                                                
8:41:24 AM                                                                                                                    
CHAIR SEEKINS  said he felt the  state should be held  liable for                                                               
acts  of  vandalism  committed  by  children  under  its  custody                                                               
because it  would be unfair  to deny compensation to  the victims                                                               
for the mere reason that they are  wards of the state. He said he                                                               
would  support  an amendment  that  would  establish the  state's                                                               
liability in such cases.                                                                                                        
                                                                                                                                
SENATOR GUESS offered that one of her proposed amendments would                                                                 
establish state's liability. She said:                                                                                          
                                                                                                                                
     I  think, Mr.  Chair, as  you  stated, this  bill is  a                                                                    
     balance, it  is a balance  of policy calls, of  who and                                                                    
     how are we  going to hold people  accountable, and then                                                                    
     ensuring that  victims are being  taken care of  at the                                                                    
     same time. If the committee  believes that we should go                                                                    
     in this direction I don't  have any objections, I think                                                                    
     that it  is a good  decision that the  committee should                                                                    
     make.                                                                                                                      
                                                                                                                                
SENATOR GUESS moved Amendment 1.                                                                                                
                                                                                                                                
                                                      24-LS0115\W.3                                                             
                                                             Cook                                                               
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 10(   ), Draft Version "W"                                                                                       
                                                                                                                                
Page 4, following line 24:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 7. AS 34.50.020(b) is amended to read:                                                                           
          (b)  A state agency or an agent of a state agency [ITS                                                            
     AGENTS], including  a person working  in or  responsible for                                                               
     the operation of a foster,  receiving, or detention home, or                                                               
     children's institution, is [NOT]  liable, to the same extent                                                           
     a parent is  liable under (a) of this section,  for the acts                                                           
     of unemancipated  minors in the  [ITS] charge or  custody of                                                       
     the agency or  agent. A state agency or an  agent of a state                                                           
     agency,  including a  nonprofit corporation  that designates                                                               
     shelters  for runaways  under AS 47.10.392  - 47.10.399  and                                                               
     employees of  or volunteers with that  corporation, is [NOT]                                                               
     liable, to the  same extent a parent is liable  under (a) of                                                           
     this  section,  for the  acts  of  a  minor sheltered  in  a                                                           
     shelter for runaways, as defined in AS 47.10.399."                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 8, line 3, following "index.":                                                                                             
     Insert  "A state  agency  or  an agent  of  a state  agency,                                                               
including a  person working in  or responsible for  the operation                                                               
of  a  foster,  receiving,  or   detention  home,  or  children's                                                               
institution, is  responsible for restitution, to  the same extent                                                               
a parent  is responsible under  this subsection, for the  acts of                                                               
minors in the  charge or custody of the agency  or agent. A state                                                               
agency  or an  agent of  a  state agency,  including a  nonprofit                                                               
corporation   that  designates   shelters   for  runaways   under                                                               
AS 47.10.392  - 47.10.399  and employees  of  or volunteers  with                                                               
that  corporation, is  responsible for  restitution, to  the same                                                               
extent a  parent is  responsible under  this subsection,  for the                                                               
acts of a  minor sheltered in a shelter for  runaways, as defined                                                               
in AS 47.10.399."                                                                                                               
                                                                                                                                
Page 8, line 23:                                                                                                                
     Delete "from"                                                                                                              
                                                                                                                                
Page 8, line 24, following "(1)":                                                                                               
     Insert "from"                                                                                                              
                                                                                                                                
Page 8, line 25, following "(2)":                                                                                               
    Insert "except as provided in (d) of this section, from"                                                                    
                                                                                                                                
Page 8, line 28, following "(3)":                                                                                               
     Insert "from"                                                                                                              
                                                                                                                                
Page 11, line 26:                                                                                                               
     Delete "by"                                                                                                            
                                                                                                                                
Page 11, line 27, following "(i)":                                                                                          
     Insert "by"                                                                                                            
                                                                                                                                
Page 12, line 5, following "(ii)":                                                                                          
     Insert "by"                                                                                                            
                                                                                                                                
Page 12, line 6, following "(iii)":                                                                                         
     Insert "except as provided in (m) of this section, by"                                                                 
                                                                                                                                
Page 12, line 9, following "(iv)":                                                                                          
     Insert "by"                                                                                                            
                                                                                                                                
Page 14, line 22, following "index.":                                                                                           
                                                                                                                                
     Insert "A state agency or an agent of a state agency,                                                                      
including a  person working in  or responsible for  the operation                                                               
of  a  foster,  receiving,  or   detention  home,  or  children's                                                               
institution, is  responsible for restitution, to  the same extent                                                               
a parent  is responsible under  this subsection, for the  acts of                                                               
minors in the  charge or custody of the agency  or agent. A state                                                               
agency  or an  agent of  a  state agency,  including a  nonprofit                                                               
corporation   that  designates   shelters   for  runaways   under                                                               
AS 47.10.392  - 47.10.399  and employees  of  or volunteers  with                                                               
that  corporation, is  responsible for  restitution, to  the same                                                               
extent a  parent is  responsible under  this subsection,  for the                                                               
acts of a  minor sheltered in a shelter for  runaways, as defined                                                               
in AS 47.10.399."                                                                                                               
                                                                                                                                
Page 18, line 14:                                                                                                               
     Delete "sec. 7"                                                                                                            
     Insert "sec. 8"                                                                                                            
                                                                                                                                
SENATOR HOLLIS  FRENCH noted he  would be interested to  hear the                                                               
reason that  the state  has never been  held liable  for children                                                               
who  are wards  of  the  state. He  voiced  agreement with  Chair                                                               
Seekins on the issue as well as support for the amendment.                                                                      
                                                                                                                                
8:45:11 AM                                                                                                                    
Senator Gene Therriault joined the committee.                                                                                   
                                                                                                                                
SENATOR CHARLIE  HUGGINS expressed  concern that the  state could                                                               
be exploited under Amendment 1.                                                                                                 
                                                                                                                                
SENATOR  GUESS  explained  that under  the  amendment,  liability                                                               
would  be capped  at  $15,000, just  as it  is  for parents.  She                                                               
clarified that in the case of  foster parents, the state would be                                                               
held liable for vandalism committed by foster children.                                                                         
                                                                                                                                
CHAIR  SEEKINS  noted that  without  objection,  Amendment 1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
8:47:38 AM                                                                                                                    
SENATOR GUESS informed the committee  that all the amendments she                                                               
had   prepared  were   requested  by   different  parts   of  the                                                               
administration and that she supports all of them.                                                                               
                                                                                                                                
CHAIR SEEKINS moved Amendment 2.                                                                                                
                                                                                                                                
SENATOR GUESS explained Amendment 2  was written in response to a                                                               
request  from the  Division of  Juvenile  Justice that  juveniles                                                               
with  suspended licenses  be allowed  to drive  in order  to meet                                                               
certain conditions of probation.                                                                                                
                                                                                                                                
SENATOR THERRIAULT asked whether  the amendment would replace the                                                               
entire section pertaining to revoked licenses.                                                                                  
                                                                                                                                
SENATOR GUESS replied that it would not.                                                                                        
                                                                                                                                
                                                      24-LS0115\W.1                                                             
                                                             Cook                                                               
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 10(   ), Draft Version "W"                                                                                       
                                                                                                                                
Page 3, line 23, following "public.":                                                                                           
     Insert "The court may also impose limitations on the                                                                   
driver's license of a person who is under 18 years of age that                                                              
will enable the person to satisfy conditions of probation                                                                   
without excessive risk or danger to the public."                                                                            
                                                                                                                                
CHAIR SEEKINS noted that without objection, Amendment 2 was                                                                     
adopted.                                                                                                                        
                                                                                                                                
8:48:40 AM                                                                                                                    
CHAIR SEEKINS moved Amendment 3.                                                                                                
                                                                                                                                
                                                      24-LS0115\W.2                                                             
                                                             Cook                                                               
                                                                                                                                
                      A M E N D M E N T 3                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 10(   ), Draft Version "W"                                                                                       
                                                                                                                                
Page 4, line 9:                                                                                                                 
     Delete "damages"                                                                                                           
     Insert "that portion of damages for which the parents are                                                          
liable"                                                                                                                     
                                                                                                                                
Page 4, line 12:                                                                                                                
     Delete "minor is not liable, but the"                                                                                  
     Insert "The"                                                                                                           
                                                                                                                                
Page 7, line 19:                                                                                                                
     Delete "the minor is not responsible, but"                                                                                 
                                                                                                                                
Page 7, line 20:                                                                                                                
     Delete ","                                                                                                                 
                                                                                                                                
Page 7, line 23:                                                                                                                
     Delete "the amount"                                                                                                        
     Insert "that portion of the amount for which the parents                                                                   
are liable"                                                                                                                     
                                                                                                                                
Page 14, line 6:                                                                                                                
     Delete "the minor is not responsible, but"                                                                                 
                                                                                                                                
Page 14, line 7:                                                                                                                
     Delete ","                                                                                                                 
                                                                                                                                
Page 14, line 10:                                                                                                               
     Delete "the amount"                                                                                                        
     Insert "that portion of the amount for which the parents                                                                   
are liable"                                                                                                                     
                                                                                                                                
SENATOR GUESS explained that Amendment 3 resolves a conflict                                                                    
between two sentences in the outline of the payment structure of                                                                
the bill.                                                                                                                       
                                                                                                                                
8:50:43 AM                                                                                                                    
CHAIR SEEKINS noted the amendment created a sentence with two                                                                   
consecutive "the's."                                                                                                            
                                                                                                                                
SENATOR FRENCH concurred with Chair Seekins.                                                                                    
                                                                                                                                
8:51:46 AM                                                                                                                    
SENATOR GUESS moved an amendment to Amendment 3. Delete the                                                                     
phrase "insert the" from page 4, line 7 of Amendment 3.                                                                         
                                                                                                                                
CHAIR SEEKINS noted that without objection, the amendment to                                                                    
Amendment 3 was adopted and that Amendment 3 was therefore                                                                      
adopted.                                                                                                                        
                                                                                                                                
8:53:26 AM                                                                                                                    
CHAIR SEEKINS moved Amendment 4.                                                                                                
                                                                                                                                
                                                      24-LS0115\W.4                                                             
                                                             Cook                                                               
                                                                                                                                
                      A M E N D M E N T 4                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 10(   ), Draft Version "W"                                                                                       
                                                                                                                                
Page 1, line 5, through page 2, line 2:                                                                                         
     Delete all material.                                                                                                       
                                                                                                                                
Page 2, line 3:                                                                                                                 
     Delete "Sec. 2"                                                                                                          
     Insert "Section 1"                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, lines 11 - 12:                                                                                                          
     Delete all material and insert:                                                                                            
               "(2) revoke the person's driver's license for a                                                              
     period of not less than six months but not to exceed one                                                           
     year;"                                                                                                                 
                                                                                                                                
Page 3, line 2:                                                                                                                 
     Delete "AS 04.16.050(c) and (d)"                                                                                       
     Insert "AS 04.16.050(d)"                                                                                               
                                                                                                                                
Page 18, line 14:                                                                                                               
     Delete "sec. 7"                                                                                                            
     Insert "sec. 6"                                                                                                            
                                                                                                                                
SENATOR GUESS  explained Amendment 4  was drafted in  response to                                                               
concerns  raised  by  the  DOL  over  Section  1  of  the  bill's                                                               
reference to repeat minor consuming,  which is not a misdemeanor,                                                               
and habitual  minor consuming, which  is a misdemeanor.  The bill                                                               
is attempting to  deal with all misdemeanors and  felonies in the                                                               
same manner.                                                                                                                    
                                                                                                                                
CHAIR  SEEKINS  noted that  without  objection,  Amendment 4  was                                                               
adopted.                                                                                                                        
                                                                                                                                
8:54:41 AM                                                                                                                    
CHAIR SEEKINS moved Amendment 5.                                                                                                
                                                                                                                                
                                                      24-LS0115\W.5                                                             
                                                             Cook                                                               
                                                                                                                                
                      A M E N D M E N T 5                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 10(   ), Draft Version "W"                                                                                       
                                                                                                                                
Page 7, lines 1 - 7:                                                                                                            
     Delete all material.                                                                                                       
     Insert "allegation, including restitution to the victim                                                                    
unless  the restitution  is expressly  waived by  the victim.  In                                                               
determining  the amount  of restitution,  the  department or  the                                                               
entity"                                                                                                                         
                                                                                                                                
Page 13, lines 20 - 26:                                                                                                         
     Delete all material.                                                                                                       
     Insert "including restitution to the victim unless the                                                                     
restitution  is expressly  waived by  the victim.  In determining                                                               
the amount of restitution, the court may not consider the"                                                                      
                                                                                                                                
SENATOR GUESS  explained Amendment  5 was  drafted by  request of                                                               
the  courts. It  removes  language about  the bill's  requirement                                                               
that  restitution   include  repayment   to  third   parties  for                                                               
counseling  and  medical care.  The  courts  asked to  have  that                                                               
language  removed because  going  to third  party restitution  is                                                               
difficult in cases involving property crimes.                                                                                   
                                                                                                                                
CHAIR  SEEKINS  noted that  without  objection,  Amendment 5  was                                                               
adopted. He then called for public testimony.                                                                                   
                                                                                                                                
8:56:35 AM                                                                                                                    
STACEY  STEINBERG,  Statewide   Section  Chief,  Collections  and                                                               
Support Section,  Department of Law  (DOL), said she  was present                                                               
to address  the impact that SB  10 would have on  the collections                                                               
unit.                                                                                                                           
                                                                                                                                
SENATOR  FRENCH asked  Ms.  Steinberg to  give  the committee  an                                                               
overview of  the average  amount of a  claim, how  successful the                                                               
department is in  getting restitution, and a  general overview of                                                               
the collections process.                                                                                                        
                                                                                                                                
MS.  STEINBERG said  she did  not have  specific numbers  but the                                                               
unit began  collecting restitution in January  2002. They collect                                                               
in  adult and  juvenile cases.  Since  2002, they  have opened  a                                                               
total  of  867 juvenile  cases  and  have  collected all  of  the                                                               
restitution of  472 cases. She  did not have  current information                                                               
on  the  average  judgment  but  said  she  would  estimate  that                                                               
currently  there are  100-125 juvenile  cases with  a balance  of                                                               
over $5,000.                                                                                                                    
                                                                                                                                
9:00:30 AM                                                                                                                    
MS. STEINBERG  estimated out  of the total  number of  cases they                                                               
have  opened,  612  cases  were   joint  and  several,  which  is                                                               
generally a juvenile  with another juvenile, or a  juvenile and a                                                               
parent. They had approximately 255  cases that were not joint and                                                               
several.                                                                                                                        
                                                                                                                                
SENATOR FRENCH asked who would be  the person that sets the ratio                                                               
of liability.                                                                                                                   
                                                                                                                                
MS. STEINBERG said currently the judge  would decide if a case is                                                               
to  be  joint  and  several.  An example  of  joint  and  several                                                               
liability is when  a juvenile gets into trouble  and goes through                                                               
the  formal  adjudication  process,   the  judge  determines  the                                                               
appropriate  restitution to  be paid  to  the victim  and who  is                                                               
responsible to pay. The way  joint and several liability works is                                                               
it means  that anyone is responsible  for the full amount  of the                                                               
judgment. If  the judgment is for  $5,000, the one parent  can be                                                               
held  responsible for  the entire  amount or  the Department  can                                                               
collect from  the juvenile.  Basically the  DOL unit  can collect                                                               
from either  party. If  one party thinks  the other  party should                                                               
pay - that is an issue between the two.                                                                                         
                                                                                                                                
9:03:09 AM                                                                                                                    
MS. STEINBERG  it provides  a mechanism  that favors  the victim.                                                               
For  example if  the juvenile  does not  have an  income but  the                                                               
parent does, the DOL can collect the money more quickly.                                                                        
                                                                                                                                
SENATOR FRENCH asked whether SB 10 would preserve that system.                                                                  
                                                                                                                                
MS. STEINBERG  said SB 10  could make  it take longer  to collect                                                               
because  they would  only be  able to  collect so  much from  the                                                               
parent before  they would have  to collect from the  juvenile. If                                                               
the juvenile were reluctant to  make payments, they would have to                                                               
rely on  garnishing the permanent  fund dividend.  Currently they                                                               
are able to  collect from both the parent and  the juvenile until                                                               
the entire amount is collected.                                                                                                 
                                                                                                                                
9:05:16 AM                                                                                                                    
CHAIR SEEKINS  asked Ms. Steinberg  the number of  juvenile cases                                                               
they have who are wards of the state.                                                                                           
                                                                                                                                
MS. STEINBERG did not know.                                                                                                     
                                                                                                                                
CHAIR SEEKINS said  the committee was curious to  know the number                                                               
of juvenile offenders in foster care.                                                                                           
                                                                                                                                
MS.  STEINBERG said  they do  not obtain  that information.  They                                                               
only get the judgment.                                                                                                          
                                                                                                                                
CHAIR  SEEKINS  asked the  number  of  cases  where there  is  no                                                               
liability listed for the parent.                                                                                                
                                                                                                                                
MS.  STEINBERG repeated  the collections  unit does  not get  any                                                               
additional information.                                                                                                         
                                                                                                                                
9:08:05 AM                                                                                                                    
CHAIR  SEEKINS asked  the number  of  sole liability  out of  the                                                               
total number of cases.                                                                                                          
                                                                                                                                
MS. STEINBERG said there were 255  cases up to date that were not                                                               
joint and several.                                                                                                              
                                                                                                                                
CHAIR SEEKINS speculated that was an indication.                                                                                
                                                                                                                                
SENATOR  GUESS noted  the cases  Ms. Steinberg  was referring  to                                                               
were all  crimes against property  and persons. Also  courts look                                                               
at the ability of  the child to pay. There is  no data to suggest                                                               
that if the restitution was paid  then all of the damage was paid                                                               
because  is  it  not  a one-to-one  relationship,  especially  in                                                               
juvenile  cases. SB  10 does  not restrict  a parent  from giving                                                               
their child  the money  to pay the  restitution. She  asserted it                                                               
was  important to  start holding  juveniles  accountable even  if                                                               
there might be a slow-down of restitution.                                                                                      
                                                                                                                                
9:12:39 AM                                                                                                                    
SENATOR  FRENCH  commented  he is  struggling  with  whether  the                                                               
victim  would be  getting  further punished  by  waiting for  the                                                               
juvenile to pay restitution.                                                                                                    
                                                                                                                                
CHAIR SEEKINS agreed.                                                                                                           
                                                                                                                                
SENATOR GUESS said there was currently  a case in court where the                                                               
damage was  over $120,000  but the judgment  was for  only $5,000                                                               
because that was all that the child could pay.                                                                                  
                                                                                                                                
SENATOR THERRIAULT said he worked  on this section of the statute                                                               
years ago and  remembered that they had to be  mindful not to set                                                               
up a  system where a  child could impose a  lot of damage  to get                                                               
back at the parents for something the child felt they deserved.                                                                 
                                                                                                                                
9:16:06 AM                                                                                                                    
SENATOR FRENCH asked Ms. Steinberg  whether she reads Amendment 1                                                               
as though it makes foster parents liable.                                                                                       
                                                                                                                                
MS.  STEINBERG responded  she is  not the  best person  to answer                                                               
that  question  because  the   collections  department  does  not                                                               
determine who is  responsible for paying money to  a victim. They                                                               
work only off of the judgment.                                                                                                  
                                                                                                                                
SENATOR FRENCH  commented it is  a different set of  lawyers that                                                               
go to  court and argue  about the  amount of restitution  and who                                                               
should pay it.                                                                                                                  
                                                                                                                                
MS. STEINBERG  agreed. Someone in  the criminal  division handles                                                               
those matters. She remarked that  she was testifying on behalf of                                                               
the  civil  division,  which   simply  collects  the  restitution                                                               
judgments.                                                                                                                      
                                                                                                                                
9:18:44 AM                                                                                                                    
SENATOR  GUESS  said  she  believed  it was  the  intent  of  the                                                               
committee to hold  the state, not the foster  parents, liable for                                                               
children under its  custody. She would work with  the drafters to                                                               
ensure that the bill reflects that intent.                                                                                      
                                                                                                                                
CHAIR SEEKINS agreed that was the intent.                                                                                       
                                                                                                                                
LARRY WIGET,  Director of Government Relations,  Anchorage School                                                               
District,  thanked  the  committee   for  discussing  the  issues                                                               
pertinent to the bill. His testimony was as follows:                                                                            
                                                                                                                                
     The  Anchorage School  Board urges  the Legislature  to                                                                    
     allow  a school  district to  recover with  appropriate                                                                    
     judicial  protections, the  full amount  of damages  to                                                                    
     school  property  from   an  unemancipated  minor  from                                                                    
     either parent,  both parents, or the  legal guardian of                                                                    
     a  minor, who  as a  result of  knowing or  intentional                                                                    
     act, destroys real or personal  property belonging to a                                                                    
     school district.                                                                                                           
                                                                                                                                
     Vandalism  damages  a  schools physical  plant,  has  a                                                                    
     negative  impact on  student  learning and  demoralizes                                                                    
     hard working staff and  students. Every taxpayer dollar                                                                    
     spent  on  repairing vandalism  is  a  dollar that  the                                                                    
     school district  cannot invest in  textbooks, teachers,                                                                    
     or technologies.                                                                                                           
                                                                                                                                
     For  example, between  December 2001  and August  2004,                                                                    
     vandals  did $770,469  in major  damage to  our schools                                                                    
     and  facilities.  Of  this amount,  over  $325,000  was                                                                    
     incurred in  the summer  of 2004  by juveniles  who set                                                                    
     fire to playground equipment in  four of our elementary                                                                    
     schools.  We  believe  that offenders  should  be  held                                                                    
     fully accountable  for the damages done  to our schools                                                                    
     and   facilities.  Parents   must   also  accept   some                                                                    
     responsibility for  their child's act and  we should be                                                                    
                                                th                                                                              
     able to  collect from minors  past their 19   birthday.                                                                    
     Thank you.                                                                                                                 
                                                                                                                                
9:21:38 AM                                                                                                                    
BRUCE  JOHNSON, Association  of Alaska  School Boards,  expressed                                                               
support for SB 10 and commended  the committee for its efforts to                                                               
create a fair approach to the issue of school vandalism.                                                                        
                                                                                                                                
SENATOR  HUGGINS asked  Mr. Johnson  whether he  had any  figures                                                               
relating to the statewide cost of school vandalism.                                                                             
                                                                                                                                
MR.  JOHNSON  replied  he  did not  but  his  organization  could                                                               
conduct a survey of school  districts throughout the state and he                                                               
could report back with the results in a few days.                                                                               
                                                                                                                                
9:23:58 AM                                                                                                                    
MARY   FRANCES,   Executive   Director,   School   Administrators                                                               
Association, testified in  support of SB 10.  She said oftentimes                                                               
the  cost of  vandalism to  a school  exceeds the  maximum amount                                                               
that it  can recover under  state law. Her organization  has long                                                               
supported  a resolution  to increase  the maximum  amount that  a                                                               
district can recover relative to the actual cost of the damage.                                                                 
                                                                                                                                
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
ANNE  CARPENETI,  Criminal  Division,  Department  of  Law  (DOL)                                                               
introduced herself.                                                                                                             
                                                                                                                                
TONY NEWMAN, Program Officer, Division  of Juvenile Justice (DJJ)                                                               
introduced himself.                                                                                                             
                                                                                                                                
SENATOR  THERRIAULT  asked  Ms. Carpeneti  whether  her  concerns                                                               
regarding  the   fiscal  note  have   been  addressed   with  the                                                               
amendments of the day.                                                                                                          
                                                                                                                                
MS. CARPENETI stated the amendments  did not address the concerns                                                               
outlined in the  DOL's fiscal note. The  three layered collection                                                               
system proposed  by the bill  would require three files  for each                                                               
collection  and thus  would require  more effort  to manage.  The                                                               
amendments do not address the  concerns of Senator French and Ms.                                                               
Steinberg that the  collection system proposed by  the bill would                                                               
limit  the amount  of  restitution  that the  DOL  would be  able                                                               
collect.  Additionally,  the fiscal  note  does  not address  the                                                               
liability that SB 10 would create for the state.                                                                                
                                                                                                                                
SENATOR  THERRIAULT asked  whether the  bill would  create a  new                                                               
financial obligation for the state.                                                                                             
                                                                                                                                
9:28:07 AM                                                                                                                    
SENATOR GUESS replied:                                                                                                          
                                                                                                                                
     The amendment that we passed  today that provided state                                                                    
     obligation hadn't  been discussed before, so  it is not                                                                    
     reflected in  any fiscal notes.  Right now there  is no                                                                    
     obligation for the state so  there would be. On the law                                                                    
     fiscal  note, again,  this is  why I  am just  going to                                                                    
     agree  to disagree  with  the administration  somewhat.                                                                    
     Right now  it depends on  how many cases come  down, so                                                                    
     there is  two files open  if it is joint  and severable                                                                    
     which is most of the cases.  It is going to be three in                                                                    
     cases where it  is over $20,000 so I guess  I don't see                                                                    
     that  it  is so  much  more  complex than  the  current                                                                    
     system, which is  going to have at least  2 cases open.                                                                    
     In  some cases  we are  only  going to  have 1  because                                                                    
     those under $5,000 will only  be the juvenile and won't                                                                    
     be joint and severable.  Again, unfortunately as we are                                                                    
     changing it we don't  necessarily know because we would                                                                    
     need better  statistics than  we have  now on  what the                                                                    
     actual  damage is  versus the  ordered  damage and  how                                                                    
     that  breaks  out in  the  new  system versus  the  old                                                                    
     system.                                                                                                                    
                                                                                                                                
MS.  CARPENETI speculated  that  Ms. Steinberg  could answer  the                                                               
question. The fiscal note from collections comes from her.                                                                      
                                                                                                                                
SENATOR THERRIAULT remarked that Senator  Guess is correct in her                                                               
claim that  the fiscal  impact of  the bill  would depend  on the                                                               
number  of cases  that have  to be  prefiled. He  said his  staff                                                               
gathered data  showing that  99 percent  of the  vandalism claims                                                               
fall  below $5,000  and  this  proves that  the  number of  cases                                                               
requiring multilayered filling would be fairly minimal.                                                                         
                                                                                                                                
He expressed concern  with a discrepancy in the  DOL fiscal note.                                                               
He  said that  while the  note shows  an estimate  of a  one-time                                                               
payment of  $6500 for  the cost  of equipment,  it also  shows an                                                               
annual  equipment expense  of $7300.  He asked  Ms. Steinberg  to                                                               
comment  on  whether  the amendments  have  affected  the  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
MS. STEINBERG said  the current fiscal note did  not consider the                                                               
possibility of  state liability represented  by Amendment  1. The                                                               
other  amendments  would not  seem  to  have  any affect  on  the                                                               
current fiscal  note. She  said she was  not prepared  to discuss                                                               
the fiscal note.                                                                                                                
                                                                                                                                
9:32:31 AM                                                                                                                    
MS. CARPENETI interrupted  to say the DOL  discussed fiscal notes                                                               
with  Senator Guess  who said  she would  prefer to  take up  the                                                               
matter  when  the  bill  reached   the  Senate  Finance  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT asserted the bill  should not leave the Senate                                                               
Judiciary Standing Committee with  attached fiscal notes that are                                                               
known to be invalid                                                                                                             
                                                                                                                                
MR. NEWMAN advised he wanted to  consult the DJJ to determine the                                                               
fiscal impact, if  any, for his division. He said  with regard to                                                               
the  earlier  question about  the  number  of children  in  state                                                               
custody,  the  state  has  1,300 children  in  custody  or  under                                                               
supervision at any given time.  Of these children, 70 percent are                                                               
under the  supervision of  the state while  under the  custody of                                                               
the parents while 30 percent are in the custody of the state.                                                                   
                                                                                                                                
To determine  the state's liability  for children in  custody, it                                                               
is important  to consider that  most of  these children are  in a                                                               
state facility  where they have  a limited opportunity  to commit                                                               
acts of  vandalism. If they  do commit  such acts, they  would be                                                               
committing them against state property  for which the state would                                                               
be  liable for  anyway.  He said  he is  most  interested in  the                                                               
liability that the state might  incur from vandalism committed by                                                               
children placed in foster homes.                                                                                                
                                                                                                                                
9:35:14 AM                                                                                                                    
CHAIR  SEEKINS held  SB 10  in  committee. He  announced a  brief                                                               
recess at 9:35:49 AM.                                                                                                         
                                                                                                                                
                       HB 101-SEX TOURISM                                                                                   
                                                                                                                                
9:42:26 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 101 to be up for consideration.                                                                
                                                                                                                                
SENATOR GRETCHEN GUESS  moved SCS CSHB 101(JUD) version  I as the                                                               
working document before the committee.  Hearing no objection, the                                                               
motion carried.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  ERIC  CROFT,  sponsor,  said he  would  find  out                                                               
whether the  immediate effective  date was appropriate.  While he                                                               
believes that it is, he had  some further checking to do with law                                                               
enforcement.                                                                                                                    
                                                                                                                                
9:43:53 AM                                                                                                                    
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR  GUESS  moved  SCS  CSHB  101(JUD)  from  committee  with                                                               
individual  recommendations  and   attached  zero  fiscal  notes.                                                               
Hearing no objection, the motion carried.                                                                                       
Chair Seekins announced a brief recess at 9:44:34 AM.                                                                         
                                                                                                                                
                 HB 148-TRAFFICKING OF PERSONS                                                                              
                                                                                                                                
9:45:51 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 148 to be up for consideration.                                                                
                                                                                                                                
REPRESENTATIVE  BETH  KERTTULA  informed committee  members  that                                                               
their expected testimony has not worked out.                                                                                    
                                                                                                                                
CHAIR SEEKINS  closed public  testimony. He  asked Representative                                                               
Kerttula whether there should be a change in the effective date.                                                                
                                                                                                                                
REPRESENTATIVE  KERTTULA reported  the effective  date should  be                                                               
updated.                                                                                                                        
                                                                                                                                
9:47:30 AM                                                                                                                    
SENATOR GRETCHEN  GUESS moved Amendment  1. Change  the effective                                                               
date  to July  1, 2006.  Hearing  no objection,  Amendment 1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
SENATOR  GUESS moved  SCS  CSHB 148(JUD)  out  of committee  with                                                               
individual  recommendations  and   attached  zero  fiscal  notes.                                                               
Hearing no objection, the motion carried.                                                                                       
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Seekins adjourned the meeting at 9:48:19 AM.                                                                            

Document Name Date/Time Subjects